Case summaries
Czech Republic - Supreme Administrative Court, 24 January 2008, E.M. v Ministry of Interior, 4 Azs 99/2007-93
Country of applicant:
Congo (DRC)
Keywords:
Internal protection
When assessing if the applicant could seek protection in their country of origin, it is necessary to establish if the solution would be feasible, adequate, rational and sensible. Internal protection is a concept that is applied within the country of origin only and not if that protection exists outside the country of origin.
Date of decision:
24-01-2008
Relevant International and European Legislation:
EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),Art 8,Art 8.1,Art 8.2
Germany - High Administrative Court Baden-Württemberg, 25 October 2006, A 3 S 46/06
Country of applicant:
Russia, Russia (Chechnya)
Keywords:
Assessment of facts and circumstances, Burden of proof, Individual assessment, Internal protection, Previous persecution, Persecution (acts of), Personal circumstances of applicant, Standard of proof
Members of a family, who are Russian citizens of Chechen ethnicity, who originate from Chechnya, can avail of internal protection (in the context of persecution by non-state actors, Section 60 (1) sentence (4) (c) of the Residence Act in conjunction with Art 8 of the Qualification Directive) in areas outside Chechnya, if one family member (in this instance the wife) possesses a new Russian internal passport, which is an important requirement for registration.
Date of decision:
25-10-2006
Relevant International and European Legislation:
EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 15 (c),Art 4.4,Art 4.3 (c),Art 8.1,Art 8.2,Art 38