Case summaries

An applicant from Guinea was recognised as a refugee. The court found that because of his homosexuality he faced a threat of persecution from family members. The State was unwilling or unable to provide protection.

The applicant was granted refugee status because of political activities in exile. In the case of applicants from Ethiopia, a risk of persecution is not restricted to leading personalities of the opposition in exile as the Ethiopian government has shown an interest in recording the names and functions of all political opponents.

The applicant claimed asylum on the grounds of having suffered female genital mutilation (FGM) and being subject to a forced marriage. The Ministry of Interior refused the application and the applicant lodged an appeal before the High National Court who also rejected the appeal (the applicant was granted a residence permit for humanitarian reasons). The applicant filed an appeal to the Supreme Court.

The accusation of a breach of the individual's right to information about the rules and procedures of the refugee status proceedings and about the rights and obligations of the applicant was unfounded, as the application form for refugee status contained this information and was signed by the individual in question to acknowledge that she had been duly informed.

For refugee status to be recognised on grounds of a risk of persecution by non-state actors, it needs to be shown that this risk is linked to persecution grounds listed in the Convention.

'Women subject to domestic violence' do not constitute a social group. The assessment of whether women in Russia constitute a social group within the meaning of the Convention requires an assessment of the actual situation in the country of origin.

The Ministry of Interior rejected the asylum claim of an Algerian woman who requested protection based on gender persecution by a non-state agent. The High National Court, on appeal, ruled that gender is considered as a “particular social group” and that it is not necessary that the persecution is carried out by state actors but also by non-state actors under certain circumstances. The applicant was granted Refugee status.

The High Administrative Court decided that a considerable likelihood of group persecution of Hindus in Afghanistan did not exist. The “density” of recorded acts of violence was too low to justify the assumption that Hindus were facing an accumulation of human rights violations or other measures within the meaning of the Qualification Directive.

Gender may be a feature defining a social group, so women can be a particular social group.

Violence, beating, and bullying constitute persecution, even if these acts are committed by the local community or individual members thereof.

It is vital to determine whether the applicant obtained help from the state when she requested it or whether there was a genuine (and not just theoretical) opportunity to seek protection.