Case summaries
Non-state actors (private individuals) can be actors of persecution in relation to persons entitled to asylum, as well as actors of serious harm in relation to persons entitled to subsidiary protection.
A Lebanese woman was recognised as a refugee after a death threat by her brother because of her way of life. The court found:
- State protection doesn’t exist against ‘honour killings’ in Lebanon.
- Women who do not accept discrimination and denial of rights, which are based on tradition and social circumstances in their home country, constitute a particular social group in terms of Art. 10 (2) (d) of the Qualification Directive.
- Even a single person can be a non-state actor under Section 60 (1) sentence (4) (c) of the Residence Act (identical to Art 6 (c) of the Qualification Directive).
The applicant, a lesbian from Iran, was recognised as a refugee. The court found:
- It is unreasonable for homosexuals to refrain from sexual activities in order to avoid persecution.
Although there is no systematic persecution of homosexuals in Iran, there is a considerable risk of detection and persecution.
This case confirmed that the Qualification Directive makes a clear distinction between refugees and those in need of subsidiary protection. Further, that Art 28 of the Asylum Procedures Directive, which considers unfounded applications, is not applicable to those who fall within the scope of Art 15(c) of the Qualification Directive.
The Administrative Court lawfully decided that the applicant was not entitled to refugee status since, in the present case, a possible risk of being subjected to acts of persecution was not connected to the reasons for persecution. The group of "businessmen in Colombia" cannot be regarded as a "particular social group" within the meaning of Art. 10.1 (d) of the Qualification Directive.
The right to obtain information about the whereabouts of a disappeared family member, as well as publicising the information concerning the disappearance, belong, according to the Czech Charter of Fundamental Rights and Freedom, to political rights. Therefore, the applicant must be granted asylum if he had been persecuted for exercising this right.
Country of origin information must be up-to-date and balanced. A report of the European Commission evaluating Turkey as potential member of the EU is political and biased, and should only be used as a supporting document.
The security and humanitarian situation in Kabul does not meet the standards for a “situation of extreme risk” (extreme Gefahrenlage) for a returnee who grew up in Kabul. Art 15 (c) of the Qualification Directive requires that a particular risk resulting from an armed conflict is substantiated.
This case concerned the removal of a Sri Lankan national of Tamil ethnicity to Sri Lanka. The Court held that he belonged to a specific group all of whose members were at risk of ill-treatment and so could not be returned. The Applicant did not need to show that he was more at risk than others in this group. The case concerned a situation of generalized violence in Sri Lanka.