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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
France – CNDA, 21 October 2017, Mme E., nº 16029780
Country of applicant: Nigeria

In countries where there is a high prevalence of female genital mutilation (FGM), as in Nigeria, non-excised persons can be considered as having a well-founded fear of persecution for reasons of membership of a particular social group within the meaning of Article 1A(2) of 1951 Refugee Convention. Refugee status can be granted where there is a considerable risk of excision and insufficient protection against this threat.

Date of decision: 23-10-2017
Relevant International and European Legislation: 1951 Refugee Convention,Art 1A (2),European Union Law,International Law,EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011,Article 9,Article 10
Hungary - Budapest Court of Public Administration and Labour, 22 September 2017, 5.K.32.170/2017/9
Country of applicant: Egypt

The Immigration and Asylum Office unlawfully rejected the claimant’s application for international protection. The court found that the authorities did not objectively assess the evidence and country information provided by the claimant, a Coptic Christian from Egypt. They also failed to correctly interpret the definition of a refugee in accordance with international law and disregarded the special status of the claimant who was an underage applicant.

Date of decision: 22-09-2017
Relevant International and European Legislation: Art 1A (2),Art 1
Austria - Constitutional Court, Decision dated 28 June 2017, E 3297/2016-15
Country of applicant: Iraq

The Constitutional Court ruled that Section 5(3) Nr. 4 NÖ MSG, which excludes beneficiaries of subsidiary protection from benefiting from social assistance out of the means-tested minimum income scheme when the person already receives social assistance covered by NÖ GVG is compatible with constitutional rights. It held that it does not constitute a violation of the principle of non-discrimination amongst foreigners. Given the provisional character of residence rights for beneficiaries of subsidiary protection such a legal rule falls within the wide margin of appreciation of the legislator.

Date of decision: 28-06-2017
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),European Union Law,International Law,Council of Europe Instruments,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3,EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011,Article 29
Cyprus – District Court of Famagusta, 14 November 2016, Case No: 2073/2016
Country of applicant: Iran

The Defendant faced two charges, that of a ‘prohibited immigrant’ and of illegally entering the Republic of Cyprus, whilst at the same time he had applied for asylum. With the aid of effective legal representation, he was found not guilty on both charges. 

Date of decision: 14-11-2016
Relevant International and European Legislation: Art 1A (2),EN - Returns Directive, Directive 2008/115/EC of 16 December 2008,Article 3,Treaty on the Functioning of the European Union 2010/C 83/01
France - Council of State, B.A. v Council of State, 8 November 2016, No. 393852
Country of applicant: Rwanda

The French National Asylum Court (CNDA) must do a complete assessment of facts and circumstances in deciding whether an applicant should be granted refugee status, or failing that, subsidiary protection. In doing so, it must take into account all the documentation provided by the Applicant in support of the application. In this case, the Applicant’s medical evidence documentation and the evidence relating to the potential risks she is likely to face if she returns to her country (fear of persecution due to imputed political opinions) should have been taken into account.

The CNDA did not consider that evidence and did not include it in its decision.

Date of decision: 08-11-2016
Relevant International and European Legislation: 1951 Refugee Convention,Art 1A (2),International Law