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Germany - Federal Administrative Court, 19 January 2009, 10 C 52.07
Country of applicant: Russia, Russia (Chechnya)
Keywords: Actor of persecution or serious harm, Internal protection, Previous persecution, Standard of proof

The term "act of persecution" within the meaning of the Qualification Directive requires that an intentional infringement of a basic right as defined in Art. 9.1 of the Qualification Directive takes place. If the applicant has suffered past persecution (before his/her flight), it is no longer possible to deny refugee status solely on the ground that an internal protection alternative had existed in another part of the country of origin at the time of the flight (change of legal situation in the light of Art. 4.4 of the Qualification Directive).   

Date of decision: 19-01-2009
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 9.3,Art 4.4,Art 8.2,Art 9.1,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 15
Belgium - Council for Alien Law Litigation, 9 July 2008, Nr. 13.874
Country of applicant: Russia
Keywords: Effective remedy (right to), Inhuman or degrading treatment or punishment, Non-state actors/agents of persecution, Persecution Grounds/Reasons, Torture, Membership of a particular social group, Gender Based Persecution
The CALL considered the evolution of the definition of “particular social group” and held that such a group can also be formed on the basis of an innate characteristic; such as a person’s gender. Protection was granted to a victim of serious domestic violence, on the basis of her belonging to the social group of women in Russia.
Date of decision: 09-07-2008
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),Art 10.1 (d),EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3,Article 15
ECtHR – Saadi v. Italy, Application No. 37201/06, 28 February 2008
Country of applicant: Tunisia
Keywords: Assessment of facts and circumstances, Effective remedy (right to), Non-refoulement, Torture, Well-founded fear, Real risk, Return

The applicant, a Tunisian national, having served a sentence in Italy on the charge, among others, of criminal conspiracy, faced deportation from Italy to Tunisia, where he risked ill-treatment.

The Court found that the deportation of the applicant to Tunisia would constitute a violation of Article 3 ECHR. The absolute nature of Article 3 meant that the conduct of the applicant was irrelevant for the purposes of Article 3.

Date of decision: 28-02-2008
Relevant International and European Legislation: 1951 Refugee Convention,Art 1,Art 32,Art 33,ECHR (Frist Protocol),International Law,Council of Europe Instruments,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3,Article 6,Article 8,Article 15,Article 27,Article 29,Article 30,Article 34,Article 35,Article 36,Article 41,Article 45,ECHR (Fourth Protocol),UN Convention against Torture,Art. 3
Germany - Administrative Court Köln, 12 October 2007, 18 K 6334/05.A
Country of applicant: Iraq
Keywords: Assessment of facts and circumstances, Individual assessment, Internal protection, Non-state actors/agents of persecution, Previous persecution, Persecution Grounds/Reasons, Personal circumstances of applicant, Standard of proof, Religion

Currently every Sunnite and Shiite from Central and South Iraq is to be considered as a refugee within the meaning of Section 60 (1) Residence Act and the 1951 Refugee Convention, if he/she originates from a region with mixed denominations.

Returnees who originate from regions of mixed denominations cannot obtain internal protection in any part of Iraq.

Date of decision: 12-10-2007
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 8,Art 4.3,Art 7,Art 9,Art 10.1 (d),Art 10,Art 4,Art 6,Art 4.4,Art 1A,UNHCR Handbook,Para 38,Para 37,Para 41,Para 42,Para 39,Para 40,Art 2 (c),Para 44,Para 43,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3,Article 4,Article 5,Article 7,Article 8,Article 9,Article 11,Article 12,Article 15
Greece - Council of State, 5 July 2007, 1628/2007
Keywords: Burden of proof, Procedural guarantees, Relevant Documentation, Protection, Well-founded fear, Obligation to give reasons

Application for annulment of a decision by the Minister of Public Order

 

This case concerned the interpretation of Presidential Decree 61/1999 in light of Directive 2004/83/EC andexamined the reasoning of the Administration's decision in an application for recognition as a refugee, in an appeal for annulment. The minutes of the Advisory Committee should cite not only the interested party's claims but also the content of the questions put by members of the Committee and the alien's responses, as well as a detailed assessment of the claims and of any documentation or other evidence which may have been submitted. There is an obligation on the members of the Committee to deliver a reasoned judgment on the credibility of the asylum seeker. 

Date of decision: 05-07-2007
Relevant International and European Legislation: Art 4.3,Art 9,Art 4,Recital 6,Art 39,Art 1A,Art 38,Article 15
Germany - Administrative Court Stuttgart, 29 June 2006, A 11 K 10841
Country of applicant: Iran
Keywords: Persecution Grounds/Reasons, Membership of a particular social group, Discrimination

This case concerned the application of Art 10.1 (d) of the Qualification Directive, as applied to lesbians from Iran. It was found that the "particular social group", described as homosexual (lesbian) women, has a distinct identity in Iran, because they are perceived as being different by the surrounding society (Art. 10.1 (d) (1) of the Qualification Directive).

Further, that there is a high likelihood that a homosexual relationship between women would be persecuted when detected, because it constitutes a breach of a cultural norm, even worse than among homosexual (gay) men.

Date of decision: 29-06-2006
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 8,Art 7,Art 9,Art 10.1 (d),Art 12,Art 10,Art 6,Art 11,Art 9.2 (c),Art 9.1 (a),EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 15