Case summaries

The applicant’ s description of a situation which gives rise to a risk to his life or physical integrity, deriving from gender-based violence, social or religious group violence, family/domestic violence, which is accepted, tolerated or not tackled by the State, imposes an ex proprio motu further investigation upon the Judiciary. The latter entails an investigation into the control of  violence described by the applicant in terms of whether it is widespread, whether there is impunity for the acts as well as the State’s response

A national decision maker must pay close attention to a United Nations High Commission for Refugees (UNHCR) decision when determining an application for asylum. Such a decision does not create a presumption, however, substantive countervailing reasons are required to justify the decision maker coming to a different decision to the UNHCR.

General information about the country of origin indicating that returning refugees (in Kabul) often end up subjected to degrading conditions must be taken into consideration in determining the reasonableness of an internal protection alternative (IPA). If not, then the constitutional, judicial obligation to give reasons is breached. 

A Russian Federation citizen, originally from Chechnya, had applied for international protection in Finland due to threat of persecution based on his/her family’s political activities. The Applicant had been diagnosed with post traumatic stress disorder because of torture. According to the Immigration Service, he/she could resort to internal relocation as specified in Section 88e of the Aliens Act and there were no grounds for granting international protection. The Administrative Court rejected the appeal. The Supreme Administrative Court took the view that the Applicant has had close ties to the Komi Republic and had no problems with the authorities while living there. Therefore he/she can be expected to rely on internal relocation to another part of the country, as specified in Article 88e of the Aliens Act and he/she was not in need of international protection.

The ruling administrative body is obliged to try to make a decision within the time limit in international protection proceedings; an extension of the time limit must be duly justified and supported by the facts of the case. Absolute inactivity on the part of the ruling body cannot be justified by the instability of the situation in the country of origin or the complexity of the case.

In the context of the prediction of danger required for subsidiary protection, it is the actual target location to which the foreign national intends to return which is relevant in the case of a non-countrywide armed conflict. If the region of origin of the foreign national cannot be considered as a target location due to the danger presented there, he may only be referred to another region of the country according to the requirements of Article 8 of the Qualification Directive.

A single woman with two illegitimate children from relationships not approved of by the family (who are Muslim) may be subject to inhuman or degrading treatment in the country of origin by the members of her family.

The particular social group within the meaning of the Convention relating to the Status of Refugees is the group comprising single mothers of illegitimate children living in Muslim families and societies.

This case concerned exclusion from refugee status on the basis of a war crime and a serious non-political crime.

A Chechen who was involved in the Second Chechen War - outside of the general combat action - in the killing and wounding of Russian soldiers and the kidnapping of a Russian officer to force the release of another Chechen is at risk of being exposed to torture or at least inhuman or degrading treatment or punishment in the Russian Federation. 

The Afghan applicant was granted subsidiary protection status during the court proceedings. The authority must make sure that the applicant is not at risk of serious harm or persecution in the relevant part of the country, not only at the time the application is assessed but also that this is not likely to occur in the future either. Countries struggling with armed conflicts do not normally provide safe internal flight options within the country, as the movement of front lines can put areas at risk that were previously considered safe.

The Supreme Administrative Court considered the application of the internal protection principle. The Court held inter alia that effective protection cannot be provided by non-governmental organisations which do not control the state or a substantial part of its territory.