Case summaries
Czech Republic - Supreme Administrative Court, 2 August 2012, H. R. v. Ministry of the Interior, 5 Azs 2/2012-49
Country of applicant:
Iraq
Keywords:
Credibility assessment, Exclusion from protection, Persecution Grounds/Reasons, Membership of a particular social group, Acts contrary to the purposes and principles of the UN
Conclusions on exclusion from protection are to be supported by factual findings and cannot be presumed, especially with an applicant, who through the credibility assessment, is deemed to be untrustworthy by an administrative body. Belonging to the army under Saddam Hussein might, together with the Sunni religion of the applicant, be understood as a reason for well-founded fear of persecution because of membership of a particular social group.
Date of decision:
02-08-2012
Relevant International and European Legislation:
Art 9.2,Art 7,Art 10.1 (d),Art 17.1 (c),Art 9.1,Art 17.1 (a),Article 3,Article 8