Case summaries
This judgment overturned the decision of the Polish Refugee Board on revocation of refugee status. Adoption of state protection within the meaning of the law means that a foreigner benefits from the protection of the state of his nationality, that he is able to avail himself of this protection and that there exists no well-founded fear of persecution. Adoption of state protection means that the foreigner enjoys the genuine protection of his country of origin.
In proceedings on revocation of refugee status, the authority determines whether there are other reasons to justify the foreigner’s fear of persecution.
This decision concerns an appeal lodged before the Supreme Court against the decision of the High National Court, confirming the Ministry of Interior’s decision to revoke the refugee status of the appellant and her children. This revocation was issued following the voluntary return of the applicant’s husband to Colombia, his country of origin.
This case concerned the application of the principle of family unity, where the sponsor had been granted asylum and subsequently acquired the nationality of the country of refuge.
In this case the Court applied the CJEU’s decision in Elgafaji and the UK Court of Appeal’s decision in QD and AH (see separate summary on EDAL) and considered whether UK Immigration Tribunals had jurisdiction to consider Art 15 (c) in cases where removal directions had not been set. The specific issue concerned the risk of indiscriminate violence en route from Mogadishu to a safe area. It further considered and made important obiter comments on the ambit of Art 15 (c).
The applicant’s refugee status was revoked due to a change in circumstances in the applicant’s country of origin as per section 107 subsection 5 of the Aliens’ Act, where the applicant’s individual need of protection was assessed in light of the notable and established social change in Sudan.
This case concerned the application of Art 10.1 (d) of the Qualification Directive, as applied to lesbians from Iran. It was found that the "particular social group", described as homosexual (lesbian) women, has a distinct identity in Iran, because they are perceived as being different by the surrounding society (Art. 10.1 (d) (1) of the Qualification Directive).
Further, that there is a high likelihood that a homosexual relationship between women would be persecuted when detected, because it constitutes a breach of a cultural norm, even worse than among homosexual (gay) men.