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UK - Court of Appeal, 26 September 2009, EN (Serbia) v Secretary of State for the Home Department & Anor [2009] EWCA Civ 630
Country of applicant: Serbia, South Africa
Keywords: Non-refoulement
 
Art 14.4 (a) of the Qualification Directive must be interpreted in accordance with Art 33.2 of the Refugee Convention. Thus, for the provisions to be applied, the individual must (1) have been convicted by a final judgment of a particularly serious crime and (2) constitute a danger to the community. It was not compatible with either Art 14.4 (a) of the Qualification Directive or Art 33.2 of the Refugee Convention for domestic legislation to provide that the conviction of certain crimes to create a presumption, that could not be rebutted, that the provisions applied to an individual. Any such presumptions had to be capable of being rebutted by the individual.
Date of decision: 26-09-2009
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1,Art 2,Art 14,Art 3,Art 32,Art 33,Art 31,Art 4,Art 16,Art 22,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 2,Article 3
Finland - Supreme Administrative Court, 12 Dec 2008, KHO:2008:88
Country of applicant: Sudan
Keywords: Circumstances ceased to exist, Revocation of protection status, Religion, Political Opinion, Cessation of protection

The applicant’s refugee status was revoked due to a change in circumstances in the applicant’s country of origin as per section 107 subsection 5 of the Aliens’ Act, where the applicant’s individual need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.

Date of decision: 12-12-2008
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 11,Art 14,Art 1C (5),UNHCR Handbook
Poland - Court of Appeal in Wrocław, 29 December 2004, II Akz 508/04
Country of applicant: Russia
Keywords: Freedom of movement (right to), Non-refoulement, Refugee Status, Return

This decision upheld the decision of the District Court in J. as regards the legal inadmissibility of extraditing a foreigner. The decision to accord refugee status was taken by a competent French authority and is binding within the territory of Poland, where the foreigner, who is sought by the Russian authorities, was detained. Poland recognises the decisions of other states to accord refugee status to foreigners and grants such foreigners the same degree and scope of legal protection as it would in the case of a foreigner granted protection by a competent Polish authority.

Date of decision: 29-12-2004
Relevant International and European Legislation: Art 24,Recital 6,Recital 7,Recital 4,Recital 10,Art 13,Art 14,Art 1,Art 2 (c),Art 31.1