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UK - Court of Appeal, 11 November 2003, R (Bagdanavicius) v Secretary of State for the Home Department (CA) [2005] EWCA Civ 1605
Country of applicant: Lithuania

The Court of Appeal gave guidance on the relevant factors to consider in assessing claims for protection against persecution from non-state actors under the Refugee Convention and Article 3 of the ECHR.

Date of decision: 11-11-2003
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),Art 7,Art 6,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3
Poland - Supreme Administrative Court in Warsaw, 4 June 2002, V SA 2817/01
Country of applicant: Russia

When assessing an application for refugee status, what is important is whether the acts of persecution were carried out for the reasons identified in the Geneva Convention, and not whether or to what extent the victim of persecution can be identified with those reasons.

Fear of persecution within the meaning of Article 1A(2) of the Geneva Convention need not mean that persecution is certain or even probable. Recognition of refugee status is already justified where there are reasonable grounds for asserting the possibility of persecution. “Possibility” means that persecution may take place although it is neither certain nor probable, and the “reasonable grounds” requirement indicates the need to establish real and objective evidence of the risk of persecution. The plausibility of the threat is shown by the situation in the country of origin of the person applying for refugee status as well as that person’s experience to date.

Date of decision: 04-06-2002
Relevant International and European Legislation: Art 1A (2),Art 8,Art 2,Art 9,Art 10,Art 23,Art 1F,Para 41,Para 43
UK - Court of Appeal, 31 July 2000, Revenko v Secretary of State for the Home Department [2000] EWCA Civ 500
Country of applicant: Moldova
A stateless person who is outside his or her country of former habitual residence and is unable to return there is not a refugee unless he or she is unable to return owing to a fear of persecution for a Convention reason.
Date of decision: 31-07-2000
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),Art 33,UNHCR Handbook,Art 31,Art 2 (c),Para 100,Para 101,Para 102,Para 103
UK - Immigration Appeals Tribunal, 9 June 2000, Smith v Secretary of State for the Home Department (Liberia) [2000] UKIAT 00TH02130
Country of applicant: Liberia

The issue of an applicant’s nationality is integral to a claim for refugee status. In the great majority of asylum applications the nationality of the applicant is not in issue, but when it is put in doubt decision-makers must address it. Failure to do so would offend the nationality logic that underlies the refugee definition set out in Art 1A(2). The burden of proof in respect of nationality is on the applicant although the evidential burden may shift.

Date of decision: 09-06-2000
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),Art 4,UNHCR Handbook,Para 195,Para 196,Para 197,Para 88
UK - Court of Appeal, 19 January 2000, Secretary of State for The Home Department, Ex Parte Adan R v. Secretary of State for The Home Department Ex Parte Aitseguer, R v. [2000] UKHL 67
Country of applicant: Algeria, Somalia

In assessing whether a state is a safe third country with regard to its interpretation of the 1951 Refugee Convention, it was not sufficient to assess whether the foreign state’s interpretation of the Convention was reasonable. The Secretary of State for the Home Department had to be satisfied that the foreign state applied the one true interpretation of the Convention decided upon by the UK Courts.

Date of decision: 19-01-2000
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),Art 6,Art 21,UNHCR Handbook,Para 65
UK - House of Lords, 2 April 1998, Secretary of State for the Home Department, Ex parte Adan, [1998] UKHL 15
Country of applicant: Somalia
A person who leaves his own country because of a well-founded fear of being persecuted for a Convention reason and later is unable, or, owing to that fear is unwilling, to avail himself of that country's protection even when the grounds for his fear have gone, does not have the status of a refugee.
 
In addition, in a State where there is a civil war when law and order has broken down and every group is fighting one another for political power then, to be entitled to refugee status, a group or individual the individual or group has to show a well-founded fear of persecution over and above the risk to life and liberty inherent in the civil war.
Date of decision: 02-04-1998
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),Art 9,UNHCR Handbook,Para 164
UK - Court of Appeal, 13 February 1998, Lazarevic v Secretary of State For Home Department [1997] EWCA Civ 1007; [1997] Imm AR 251
Country of applicant: Somalia

The Court of Appeal held that an asylum-seeker unable to return to his country of origin may indeed be entitled to recognition as a refugee provided only that the fear or actuality of past persecution still plays a causative part in his or her presence here. Further, the refusal of the State of nationality to permit return can constitute persecution.

Date of decision: 13-02-1998
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),Art 4,Art 1C (5),UNHCR Handbook,Para 91,Para 164,Para 98,Para 99,Para 168