Case summaries

Unlike with subsidiary protection, it is necessary for there to be a causal link between persecution and the grounds for persecution when assessing the conditions for granting asylum. The fact that a conflict between LTTE and governmental armed units affected Tamil civilians does not mean nationality qualifies as a ground of persecution. 

The applicant, a lesbian from Iran, was recognised as a refugee. The court found:

1. It is unreasonable for homosexuals to refrain from sexual activities in order to avoid persecution.

2. Although there is no systematic persecution of homosexuals in Iran, there is a considerable risk of detection and persecution.

This case concerned an appeal against a decision of the Ministry of Interior (MOI) to refuse a grant of asylum. Having regard to a report from the country of origin, the MOI classified the applicant´s account as not credible. In his appeal, the applicant challenged this decision on the grounds that the MOI did not ascertain the real state of affairs, using only one source of information. The appeal was successful. The Supreme Administrative Court (SAC) held that the country of origin information must be verified from various sources and laid down other conditions for using the country of origin information.

This case concerned the test to be applied by the Minister as the decision-maker in applications for subsidiary protection. The Court held that it was permissible for the Minister to have regard to the reports and findings of other decision-makers in the asylum process (specifically the Refugee Appeals Tribunal). However, a particularly careful and thorough analysis will be required if the case for subsidiary protection is put on an entirely new basis which has never been considered at any stage of the process. In relation to state protection, the Court reiterated that the onus lies on an applicant to provide clear and convincing proof of a state’s inability to protect its citizens.

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.