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France - CNDA, 31 March 2011, Mr. A., n°100013192
Country of applicant: Somalia

The situation which prevails today in some geographical areas of Somalia, in particular in and around Mogadishu, must be seen as a situation of generalised violence resulting from a situation of internal armed conflict, in the meaning of Article L.712-1 c) Ceseda [which transposes Article 15 (c) of the Qualification Directive].

Date of decision: 31-03-2011
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),Art 15 (c),Art 2 (e)
UK - Upper Tribunal (Immigration and Asylum Chamber), 7 March 2011, KK and others (Nationality; North Korea) Korea CG [2011] UKUT 92
Country of applicant: North Korea, South Korea

For the purposes of Art 1A(2) of the 1951 Refugee Convention a person is “of” or “has” a nationality where it is established that  he or she is already of that nationality or he or she is not of that nationality but is entitled to it.  The person should not be considered to hold a nationality if he or she only “may” be able to acquire it.

In assessing nationality in claims for refugee status, nationality is a matter for the State in question’s law, constitution and (to a limited extent) practice which should be proved by evidence and decided on, as a matter of fact, by the court deciding the protection claim.  In considering whether a person is a national or is entitled to a nationality of a second State, the person must use their “best efforts” to clarify their status.  The evidence of the attitude of a State towards a person who is seeking not to be removed to that State may be of very limited relevance.

Date of decision: 07-03-2011
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),Art 4.3 (e),UNHCR Handbook,Para 107
Greece - Council of State, 2 March 2011, B. Z. v. Minister for Public Order, Application No. 652/2011
Country of applicant: Turkey

Plea for an ab initio re-examination of an application for asylum. The Special Committee formed under Article 3(5) of Presidential Decree 61/1999 gave a positive opinion because the Applicant had been involved in political activities in his country, as a Kurd, against the ruling regime; and that activity had increased during his stay in Greece. The application for asylum was rejected by the Minister for Public Order without any specific justification for deviating from the Special Committee's clear opinion. When assessing whether there is evidence that a person seeking recognition as a refugee has a well-founded fear of persecution, the Administration may take account of information regarding the activities of the interested party's close relatives.

Date of decision: 02-03-2011
Relevant International and European Legislation: Art 1A (2),Art 15 (b),Art 9,Art 10,Art 4,Art 9.2,Art 1A (1)
Greece - Administrative Court of Appeal, 1 March 2011, JA v Minister for Citizen Protection, 91/2011
Country of applicant: Palestinian Territory

This case concerned service of the initial negative decision against an asylum application where the notice was served on the foreign applicant asylum seeker without specifying the language in which the applicant was informed of its content.  The court rejected an application for suspensive effect of the decision rejecting the asylum application in view of the pleas used by the applicant – of Palestinian origin – that he left his country for economic reasons, since there is no evidence that there is a risk of persecution should he return to Palestine, nor have any of the conditions for asylum on humanitarian grounds been met. The possible disruption to the lifestyle the applicant has created for himself whilst working in Greece does not constitute a reason to suspend any of the acts which form part of the asylum application examination procedure. 

Date of decision: 01-03-2011
Relevant International and European Legislation: Art 1A (2),Art 31,Art 42
France - Council of State, 23 February 2011, n°338271
Country of applicant: Namibia

The suppression of the expression of racist opinions in a State does not constitute persecution pursuant to the 1951 Refugee Convention, if actions of this kind are considered justified and proportionate following analysisof the particular circumstances.

Date of decision: 23-02-2011
Relevant International and European Legislation: Art 1A (2),EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003
Germany - High Administrative Court Bayern, 3 February 2011, 13a B 10.30394
Country of applicant: Afghanistan

The applicant, being a young, single man and fit for work, is at no substantial individual risk, neither in his home province Parwan nor in Kabul. Therefore, it can remain undecided if the conflict in Afghanistan constitutes an internal armed conflict. 

Date of decision: 03-02-2011
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),Art 15 (c),Art 4.3 (e)
Finland - Supreme Administrative Court, 30 Dec 2010, KHO:2010:3964
Country of applicant: Iraq

The case considered whether the security situation in central-Iraq, and particularly in Baghdad, met the prerequisites for granting a residence permit on the grounds of subsidiary protection. It was confirmed that the need for international protection must be evaluated not only on points of law but also on points of fact. Both the applicant’s account of prior events in the country of origin, as well as current country of origin information regarding the security situation, must be taken into account in the risk assessment. As such, the evaluation is tied to a particular individual and to a particular time and place.

Date of decision: 30-12-2010
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),Art 2 (e),Art 8,Art 15,Art 4.4,Art 16,Art 19,EN - Charter of Fundamental Rights of the European Union,Article 2,Article 18,Article 19,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3
France - CNDA, 23 December 2010, Miss D., n°09011388
Country of applicant: Guinea

A group shall be considered as a particular social group where, in particular, members of that group share an innate characteristic, or a common background that cannot be changed, or share a characteristic or belief that is so fundamental to identity or conscience that a person should not be forced to renounce it, and that group has a distinct identity in the relevant country, because it is perceived as being different by the surrounding society, and membership of that group is established where the attitude of an applicant is considered by the whole or a part of the society of his/her country of origin as an infringement of the customs and laws in force, and for this reason he/she is likely to face persecution against which the authorities refuse or are unable to protect him/her.

Date of decision: 23-12-2010
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),Art 2 (e),Art 10.1 (d),Art 15,Art 6
France - CNDA, 20 December 2010, Mr. N., n°10004872
Country of applicant: Congo (DRC)

Given the situation of particular vulnerability and constraint of the applicant, a former child soldier from the DRC, there is no reason to apply any of the exclusion clauses of Article 1F of the 1951 Refugee Convention to him.

Date of decision: 20-12-2010
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),Art 2,Art 12,Art 10.1 (e),Art 1F
France - CNDA, 17 December 2010, Mr. T., n°10006384
Country of applicant: Sudan

The region of El Fasher, in Darfur (Sudan), is plagued by a generalised armed conflict.

Date of decision: 17-12-2010
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),Art 15 (c),Art 2 (e)