Case summaries

If a subsequent application is based on “post-flight reasons” created by the applicant, he has to provide good reasons why he has become politically active or has intensified his activities.

As a rule, “post-flight reasons” which have been created by the applicant following the termination of an asylum procedure are not relevant for granting refugee status. An exception to this rule may be given if the activities which the applicant engaged in since he left the country of origin constitute a continuation of convictions which have been practiced before. However, activities which fulfil these criteria are not by themselves sufficient to constitute an exception to the rule. In addition the applicant has to provide good reasons to explain why he has become politically active or has intensified his activities after an unsuccessful earlier asylum application.

The principle of family unity, which is a general principle of refugee law resulting in particular from the 1951 Refugee Convention, is not applicable to persons falling within the scheme of subsidiary protection, as defined both by the Qualification Directive and by the internal legislative provisions which transpose it.

It is important to inquire whether there are elements relative to the situation of homosexuals in their country which enable them to be considered as forming a group whose members would face a risk of persecution, for reasons of common characteristics which define them in the eyes of the authorities and society.

The applicant’s refugee status was revoked due to a change in circumstances in the applicant’s country of origin as per section 107 subsection 5 of the Aliens’ Act, where the applicant’s individual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

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.

This case concerned an appeal against the refusal of international protection to an Imam from Kazakhstan who claimed persecution from state actors because of his religion. The Ministry of Interior (MOI) and the Regional Court considered that persecution had not been established, and that the behaviour of the authorities had not been motivated by the applicant’s religious belief of “pure Islam” (this is a term that is used to distinguish themselves from other Muslims). However, the Supreme Administrative Court (SAC) disagreed and found that due to the specific circumstances of the applicant (an Imam) there was a risk of persecution. The Court also stated that refugee status can involve risk that is motivated by more than one reason, so long as one of those reasons is a persecution ground.

Extradition to Iran of an Iranian citizen. The wanted person was a political refugee who had been recognised by the UN High Commission for Refugees. The Supreme Court (Areios Pagos) rejected the extradition request because of his status and because of the appeal he lodged under the provisions of Article 5 (2) of Presidential Decree 8/2008.

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.