Case summaries

  • My search
  • Relevant International and European Legislation
    1
Reset
Netherlands - District Court Haarlem, 27 December 2010, AWB 10/25595
Country of applicant: Iran

When no travel documents have been submitted the applicant can be held accountable for his failure to do so according to Art 311 (f) of the Aliens Act as the conditions of Art 4.5 of the Qualification Directive have not been established. 

Date of decision: 27-12-2010
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 4.5
France – Council of State, 24 December 2010, Mr A, No 345199
Country of applicant: Georgia

This was an appeal against the decision to transfer an asylum applicant to Poland. The Council of State rejected the applicant’s claim that he was not informed about the Dublin procedure in a language intelligible to him, as the applicant had indicated he understood Russian and an interpreter had been provided. Moreover, the circumstances necessary to apply Art 3(2) Dublin Regulation had not been met.

Date of decision: 24-12-2010
Relevant International and European Legislation: 2.,4.,Article 10
France - CNDA, 23 December 2010, Miss D., n°09011388
Country of applicant: Guinea

A group shall be considered as a particular social group where, in particular, members of that group share an innate characteristic, or a common background that cannot be changed, or share a characteristic or belief that is so fundamental to identity or conscience that a person should not be forced to renounce it, and that group has a distinct identity in the relevant country, because it is perceived as being different by the surrounding society, and membership of that group is established where the attitude of an applicant is considered by the whole or a part of the society of his/her country of origin as an infringement of the customs and laws in force, and for this reason he/she is likely to face persecution against which the authorities refuse or are unable to protect him/her.

Date of decision: 23-12-2010
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),Art 2 (e),Art 10.1 (d),Art 15,Art 6
Sweden - Migration Court of Appeal, 22 December 2010, UM 2244-10
Country of applicant: Syria

In order for an expulsion order to be immediately enforced it must be clear that the applicant is not at risk of persecution or similar treatment in the country of origin.

Date of decision: 22-12-2010
Relevant International and European Legislation: EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 3,Art 2,Art 32,Art 34,Art 28,Art 1
Poland - Regional Administrative Court in Warsaw, 21 December 2010, V SA/Wa 383/10
Country of applicant: Russia

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.

Date of decision: 21-12-2010
Relevant International and European Legislation: Art 2 (e),Art 37,Art 38,Para 150,Para 151,Art 11.1 (e)
Spain – Constitutional Court, 21 December 2010, 142/2010
Country of applicant: Unknown

This case concerned the disproportionate delay in processing the applicant’s claim for asylum on appeal. The applicant was informed that it would take eighteen months for his case to be heard. He lodged an appeal before the Constitutional Court (as a last resort) claiming the right to due process constitutionally guaranteed under Art 24.2 of the Spanish Constitution to enjoy legal process without undue delay.

Date of decision: 21-12-2010
Relevant International and European Legislation: EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 10.1 (d),EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Art 6.1
France - CNDA, 20 December 2010, Mr. N., n°10004872
Country of applicant: Congo (DRC)

Given the situation of particular vulnerability and constraint of the applicant, a former child soldier from the DRC, there is no reason to apply any of the exclusion clauses of Article 1F of the 1951 Refugee Convention to him.

Date of decision: 20-12-2010
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),Art 2,Art 12,Art 10.1 (e),Art 1F
Finland - Helsinki Administrative Court, 20 Dec 2010, 10/1701/1
Country of applicant: Nigeria

Based on new evidence (suspicion of trafficking) the Administrative Court returned the applicant’s case to the Immigration Service which had previously decided that Italy was responsible for the application according to the Dublin II Regulation.

Date of decision: 20-12-2010
Relevant International and European Legislation: EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 23.4,EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003,2.
Hungary – Metropolitan Court, 17 December 2010, H.M.A. v. Office of Immigration and Nationality, 6.K.30.022/2010/15
Country of applicant: Iraq

The applicant’s claim for refugee status was rejected as Convention grounds were not established, however, subsidiary protection was granted in the alternative by the court on the basis of grave human rights violations and the prohibition of torture (Art 3 of the European Convention on Human Rights (ECHR)).

The court accepted the argument that by granting a lower protection status (tolerated status), even if the applicant qualifies for subsidiary protection, the asylum authority violates Art 15 (b) and (c) of the Qualification Directive (Art 61 (b) and (c) of the Asylum Act)

Date of decision: 17-12-2010
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 15 (c),Art 15 (b),Art 15,Art 4,Art 8,Art 1A,Art 8.2 (a),EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3
France - CNDA, 17 December 2010, Mr. T., n°10006384
Country of applicant: Sudan

The region of El Fasher, in Darfur (Sudan), is plagued by a generalised armed conflict.

Date of decision: 17-12-2010
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),Art 15 (c),Art 2 (e)