Case summaries

  • My search
  • Relevant International and European Legislation
    1
Reset
Germany - Administrative Court München, 10 December 2008, M 8 K 07.51028
Country of applicant: Iraq

The applicant was not granted refugee status or protection against deportation in accordance with Section 60 (2) through (7) of the Residence Act. The court found:

  1. A single woman with a “Western” lifestyle is not at risk of gender-based political persecution by non-State actors in Iraq.
  2. The risk of the applicant becoming a victim of an honour killing (or respectively a weaker, non-life threatening disciplinary measure by her clan) because of her moral conduct, disapproved by her clan, constitutes an increased individual risk. However, this risk is not the result of arbitrary violence, but constitutes a typical general risk.
Date of decision: 10-12-2008
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 15 (c),Art 8,Art 9,Art 10.1 (d),Art 6 (c)
UK - Court of Appeal, 10 December 2008, CL (Vietnam) v Secretary of State for the Home Department [2008] EWCA Civ 1551

A judge considering an appeal against removal on Art 8 of the European Convention on Human Rights (ECHR) grounds had a duty to examine reception facilities in a child’s country of origin.

Date of decision: 10-12-2008
Relevant International and European Legislation: EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003,Article 19,EN - Returns Directive, Directive 2008/115/EC of 16 December 2008,Article 10,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 8
ECtHR - K.R.S. v the United Kingdom, Application no. 32733/08 (decision on admissibility), 2 December 2008
Country of applicant: Iran

The applicant challenged his transfer to Greece from the UK under the Dublin II Regulation, on the basis that the situation for asylum seekers in Greece would lead to a violation of Article 3 ECHR. The Court declared the application manifestly ill-founded and therefore inadmissible, as it was presumed that Greece would comply with its obligations and would not refoule him to his county of origin Iraq. 

Date of decision: 02-12-2008
Relevant International and European Legislation: EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 39,Art 10,Art 9,Art 12,Art 15,Art 7,European Union Law,Art 21,EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003,EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003,Article 3,2.,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3,Article 13,Article 34
Czech Republic - Supreme Administrative Court, 28 November 2008, P.T. v Ministry of the Interior, 5 Azs 46/2008-71
Country of applicant: Ukraine

Examining the application as manifestly unfounded requires a three-stage test: (1) whether there is a risk of expulsion  abroad or extradition of the person, (2) whether the Applicant could have filed the application sooner, (3) whether it is obvious from the steps taken by the Applicant that they had filed the application with the sole intention of avoiding imminent expulsion or extradition.

Article 9 of the European Convention on Human Rights does not have, for instance, extraterritorial effect in comparison with Articles 3 and 8 of the same Convention. The return of an individual to a country where he is threatened with constraints on his religious freedom, which do not reach the level of interference with his rights pursuant to Article 3 of the Convention, is not in contradiction with the Convention. Such a return cannot even represent prima facie serious harm for the purpose of examining subsidiary protection.

Date of decision: 28-11-2008
Relevant International and European Legislation: Art 18,Art 13,Art 23.4 (j),Art 23.4 (i),Article 3,Article 8,Article 9
Netherlands - District Court Almelo, 28 November 2008, AWB 08/39512
Country of applicant: Colombia

This case concerned whether or not a proper assessment of an internal protection alternative had been carried out. It was found that careful research had not been done regarding the question of whether a part of Colombia meets the internal protection criteria as set out in Art 8.1 of the Qualification Directive, taken together with Art 8.2 of the Qualification Directive.

Date of decision: 28-11-2008
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 15 (c),Art 8.1,Art 8.2
Sweden - Migration Court of Appeal, 21 November 2008, UM 1042-08
Country of applicant: Albania

Internal protection is considered available for women suffering domestic abuse and violence in Albania. 

Date of decision: 21-11-2008
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 7.2,Art 8,Art 7,Art 10.1 (d),Art 15,Art 10,Art 4,Art 6,Art 9.2 (f),UNHCR Handbook,Para 91
Belgium - Council for Alien Law Litigation, 6 November 2008, Nr. 18.419
Country of applicant: Albania

This case considered whether or not a “family” could constitute a particular social group under the Refugee Convention. The applicant, whose family was implicated in a vendetta, had a well-founded fear of persecution on the basis of her membership of the social group that is her family. It was held by the CALL that a family could constitute a particular social group. 

Date of decision: 06-11-2008
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 8,Art 10.1 (d),Art 6,Art 1
UK - Court of Appeal, 6 November 2008, PS (Sri Lanka) v Secretary of State for the Home Department [2008] EWCA Civ 1213
Country of applicant: Sri Lanka

State protection should be assessed in the applicant’s home area, in the absence of an internal relocation alternative.  The Tribunal erred in finding that the fact that the applicant had been raped at her home on 3 separate occasions over a short period by government soldiers had the same effect on assessing future risk as if she had been raped by civilians. The soldiers appeared to act with impunity whereas that would not necessarily be the case for civilians. In assessing future risk past experience was central, as reflected in Art 4(4) of the Qualification Directive and by common sense. 

Date of decision: 06-11-2008
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 15,Art 4,Art 6,Art 4.4,Art 16
Sweden - Migration Court of Appeal, 28 October 2008, UM 2397-08
Country of applicant: Iraq

The conditions for asylum seekers in Greece were at the time of the decision not of such a character that it would prevent transferring asylum seekers according to the Dublin Regulation.

Date of decision: 28-10-2008
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 21,EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003,Article 2,Article 3,Article 16,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3
Belgium – Council for Alien Law Litigation, 23 October 2008, Nr. 17.522
Country of applicant: Burundi

This case concerned the definition of an “internal armed conflict.” Relying on international humanitarian law and in particular on the Tadic decision of the International Criminal Tribunal for the former Yugoslavia (ICTY), the CALL defined  an “internal armed conflict” as continuous conflict between government authorities and organised armed groups, or between such groups within a State. The Call also found that a ceasefire did not necessarily mean that such a conflict had ended.

Date of decision: 23-10-2008
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 15 (c),Art 1A