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France - CNDA, 23 December 2010, Mr. K., n°08014099
Country of applicant: Algeria

In the situation which currently prevails in Algeria, while homosexuality is in some ways tolerated by society, as long as it is not explicitly expressed by the behaviour or the clothes, individuals who openly manifest their homosexuality may nevertheless be subjected to intimidation in their social environment and by the security forces. In addition, legislation punishes homosexuals by a prison sentence and a fine.

Date of decision: 23-01-2010
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, 23 December 2009, Ms. K., n° 636547/08017005
Country of applicant: North Korea, South Korea
Keywords: Country of origin

The protection provided by the 1951 Refugee Convention can only be afforded if it is established that the asylum applicant, for a valid reason linked to one of the grounds listed in Art 1A(2) of this Convention, is unable or unwilling to avail him/herself of the protection of the country(ies) of nationality or, for a stateless person, of the country of habitual residence. 

Date of decision: 23-12-2009
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),Art 2,Art 4
France - CNDA, 17 December 2009, Mr. T., n°641626
Country of applicant: Kosovo

Vendetta constitutes a serious harm falling within the scope of subsidiary protection.

Date of decision: 17-12-2009
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),Art 15 (b),Art 2,Art 7,Art 6
France - CNDA, 30 October 2009, M.P., n°640035/08020515
Country of applicant: Bhutan

The practices used by the authorities of a given country in order to exclude some citizens, members of a minority, from nationality can be considered as persecution since they are linked to one of the grounds listed in Article 1A(2) of the 1951 Refugee Convention.

Date of decision: 30-10-2009
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 7,Art 9,Art 10.1 (a),Art 6
Hungary - Metropolitan Court, 23 September 2009, M.A.A. v. Office of Immigration and Nationality, 21.K.31484/2009/6
Country of applicant: Somalia

The Office of Immigration and Nationality (OIN) found the applicant not credible and therefore did not assess the risk of serious harm. Instead the OIN granted protection against refoulement. The Metropolitan Court ruled that the OIN was obliged to assess conditions for subsidiary protection and serious harm even if the applicant was not found credible.

Date of decision: 23-09-2009
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 15 (b),Art 4.3,Art 7,Art 10.1 (a),Art 6,Art 4.5,Art 10.1 (c),UNHCR Handbook,Para 38,Para 37,Para 41,Para 42,Para 65,Para 39,Para 40,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3
Czech Republic - Supreme Administrative Court, 28 July 2009, L.O. v Ministry of Interior, 5 Azs 40/2009
Country of applicant: Senegal

Internal protection has to be assessed in accordance with the Qualification Directive, and under very strict criteria. The possibility of relocating to another part of the country has to be available to the applicant and the protection has to be effective. 

Date of decision: 28-07-2009
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 8,Art 4,Art 13,UNHCR Handbook,Para 28,Para 29,Para 30
France - CNDA, 28 July 2009, Miss D., n°632210/08016675
Country of applicant: Guinea

In countries where there is a high prevalence of female genital mutilation (FGM), persons who have demonstrated that they oppose this practice have thus infringed the customary norms of their country of origin and therefore can be considered as having a well-founded fear of being persecuted for reasons of membership of a particular social group in the meaning of Article 1A(2)of 1951 Refugee Convention.

Date of decision: 28-07-2009
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 7,Art 10,Art 4
France - CNDA, 7 July 2009, Mr. C., n°634565
Country of applicant: Tunisia

Homosexuals in Tunisia, even those that do not proclaim or overtly demonstrate their sexual orientation, can be considered as constituting a specific and sufficiently identifiable whole so as to form a group whose members would face a risk of persecution for reasons of common characteristics which define them in the eyes of the Tunisian authorities and society. 

Date of decision: 07-07-2009
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),Art 6
France - CNDA, 6 July 2009, Ms. D., n°635611/08016081
Country of applicant: Guinea

A woman having undergone female genital mutilation FGM, who benefitted from reconstructive surgery in France, an act considered as an infringement of Guinean customs despite its official ban, must be considered as a member of the social group formed by women who oppose female genital mutilation practiced in Guinea.

Date of decision: 06-07-2009
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 7,Art 10,Art 4
Hungary - Metropolitan Court, 2 July 2009, K.A.F v. Office of Immigration and Nationality, 15.K.30.401/2009/12
Country of applicant: Sudan

The case concerned an appeal against a refusal to grant refugee status on the grounds that the applicant lacked credibility as the country of origin information (COI) submitted by the applicant was not verified by the national documentation service providing COI. 

Date of decision: 02-07-2009
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),Art 4.1,Art 4.3,Art 4,Art 10.2