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Belgium – Council for Alien Law Litigation, 29 April 2020, n° 235 658
Country of applicant: Afghanistan

In the case of an Afghan Shia Hazara applicant, the Belgian Council for Alien Litigation considered that the request for international protection was based on several sources of fear, which must be analysed in combination with each other, forming a cluster of concordant evidence.

The Council granted the applicant refugee status. 

Date of decision: 29-04-2020
Relevant International and European Legislation: Art 1A (2),Art 1F,Article 3,Article 4
Belgium - Council for Alien Law Litigation, 17 April 2020, n°235 277
Country of applicant: Guinea

The fact that an asylum seeker has already been persecuted in the past or has been subject to direct threats of persecution, was considered as a well-founded argument to believe that the applicant would face the risk to be persecuted under Article 1, Section A §2 of the 1951 Refugee Convention.  

Date of decision: 17-04-2020
Relevant International and European Legislation: Art 1A (2),Article 3,Article 4
Greece - 7th Appeals Committee, 28 June 2019
Country of applicant: Venezuela

The political, humanitarian and economic crisis in Venezuela can justify subsidiary protection status if the individual’s return to the country of origin, would cause serious harm, characterized by the level of seriousness required to be considered as inhuman and degrading treatment.

Date of decision: 28-06-2019
Relevant International and European Legislation: Art 1A (2),Art 33,EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,Article 3,Article 15,EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011,UN Convention against Torture,Art. 3
Belgium - Council for Alien Law Litigation, June 19th 2019, X. v. Commissioner-General for Refugees and Stateless Persons, n° 222 826
Country of applicant: Guinea

A Guinean woman who has been forced into marriage at a young age and subsequently harassed into marrying her late husband’s brother, is a refugee under article 1, section A §2 of the Geneva Convention. She risks being persecuted by reason of her membership in the social group of women, and considering the regular violation of women’s rights occuring in Guinea.

Date of decision: 19-06-2019
Relevant International and European Legislation: Art 1A (2),Art 1F,Article 24,Art 24.2,Article 5,Article 46,Article 4,Article 23
Greece - Piraeus Administrative Court of Appeal, Decision A401/2019, 12 June 2019
Country of applicant: Ghana
Date of decision: 12-06-2019
Relevant International and European Legislation: Art 1A (2),Article 3,Article 15,Recital (30),Article 10
Belgium – X. v. Commissioner General for Refugees and Stateless Persons, No. 220.190, 24th April 2019
Country of applicant: Morocco

LGBT individuals who have left Morocco can be granted refugee status as the socially and legally hostile environment towards LGBT individuals in this country can justify fear of persecution based on their membership to a particular group. A cautious assessment of the consequences of a return to the country of origin and an extensive benefit of the doubt are advised in the review of asylum applications of Moroccan nationals identifying as LGBT.

Date of decision: 24-04-2019
Relevant International and European Legislation: Art 1A (2),Article 10
CJEU – Case C-56/17 (Fathi), 4 October 2018
Country of applicant: Iran

A Member State is not required to issue a decision on its own responsibility under Dublin III when, in its capacity as the determining Member State, it found that there is no sufficient evidence to establish responsibility of another Member State. Domestic courts do not have to examine the application of the Dublin criteria ex proprio motu in the context of a review of the rejection of an application for international protection.

Religion is a broad concept that encompasses both internal elements of faith and an external component of manifestation. The applicant does not have to provide documentation and make statements on both elements but has to cooperate with the authorities and substantiate the reasons that his claim of persecution on the grounds of religion is true. The provision of the death penalty in national legislation could constitute an “act of persecution” on its own, provided that the penalty is actually enforced and regardless of whether the measure is considered important for reasons of public order in that country of origin.

Date of decision: 04-10-2018
Relevant International and European Legislation: Art 1A (2),Recital (12),Recital (53),Recital (54),Article 2,Article 31,Article 32,Article 46,Article 15,Article 3,Article 9,Article 10
ECtHR Khaksar v. the United Kingdom (no. 2654/18)
Country of applicant: Afghanistan

The exhaustion of domestic remedies is a prerequisite for the admissibility of applications lodged with the ECtHR under Article 35 ECHR. Removal of individuals suffering from severe medical problems may not be considered inhumane in the meaning of Article 3 ECHR, when suitable treatment exists in the country of origin.  

 

Date of decision: 03-04-2018
Relevant International and European Legislation: Art 1A (2),Article 14,Article 3,Article 8,Article 35,Article 2,Article 6,Article 9,Article 10
Austria: Supreme Administrative Court (VwGH), 23. January 2018, Ra 2018/18/0001
Country of applicant: Afghanistan

For the assumption of reasonable internal flight alternatives, a case-by-case assessment must be made on the basis of sufficient findings about the expected situation of the asylum applicant in the country of origin. On the basis of general information on the situation in the country of origin, a young, healthy man with school education and professional experience and who is familiar with the local conditions, can in principle be expected to resettle in Kabul.

Date of decision: 23-01-2018
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 1A (2),Article 3,EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011,Article 7,Article 8,Article 15
Spain: National Court. Chamber of Contentious-Administrative Proceedings n. 5177/2017, 5th December 2017, Appeal No. 234/2017
Country of applicant: Gambia

When examining the acceptance of an asylum claim, the authorities have to study whether the testimony of the applicant is based on presumably true facts. Only if it is manifestly false could the admission of this application be denied.

The principle of family unity has to be taken into account regarding the assessment of the circumstances of the applicant, especially since his sister’s application for international protection was accepted.

Date of decision: 05-12-2017
Relevant International and European Legislation: Art 1A (2),Art 1F,Art 33,Article 7,Article 11,Article 23,Article 24,Article 25,Article 26,Article 27,Article 28,Article 29,Article 30,Article 31,Article 32,Article 33,Article 34,Article 35