Case summaries

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.

The situation of the homosexuals which currently prevails in Iraq enables them to be  considered as forming a group whose members are likely to face acts of such gravity that they may amount to persecution in the meaning of Article 1A(2) of the 1951 Refugee Convention.

The concept of internal protection only applies if the asylum-seeker is able to reach the relevant region in a reasonable manner. In the light of Art 8 of the Qualification Directive an asylum-seeker can only be reasonably expected to stay in another part of his country of origin if he does not face risks in this region. The general situation in the region of internal protection and the applicant’s personal circumstances has to be taken into account. It is irrelevant for the granting of refugee status whether such risks likewise exist in the region of origin.

The case concerns the extent to which decision-makers should take into account a change of circumstances or situation in the country of origin.

Gender may be a feature defining a social group, so women can be a particular social group.

Violence, beating, and bullying constitute persecution, even if these acts are committed by the local community or individual members thereof.

It is vital to determine whether the applicant obtained help from the state when she requested it or whether there was a genuine (and not just theoretical) opportunity to seek protection.

This case concerned the exclusion from refugee status of a Taliban informer. The Supreme Administrative Court did not apply the exclusion clause in Art IF(b) (corresponding to § 87 paragraph 2 of the Finnish Aliens Act).The Court held that exclusion clauses must be interpreted in the narrowest possible manner.