Case summaries

The political activities carried out in Belgium by the Syrian Applicant justified granting him refugee status; he should not be confined to the subsidiary protection granted due to the indiscriminate violence generated by the armed conflict in Syria.

Application from the Turkish Authorities to have the Greek Judicial Authorities issue an extradition notice against A.F., a Turkish citizen seeking asylum in Greece.

The Court ruled against the Turkish Authorities' extradition request, deciding that if the person in question were extradited to Turkey there would be a risk that her situation would be made worse because of her political beliefs and because of her pending application to have her refugee status recognised by the Greek state.

The CALL ruled that the discrimination or ill treatment suffered by homosexuals in Senegal did not amount to all homosexuals of Senegalese origin having reason to fear persecution in Senegal on the sole basis of their sexual orientation.   

This case concerned forced child labour in ther country of origin and sexual exploitation of the daughter of an Ethiopian father and an Eritrean mother, strained relations between the two countries, mass expulsions on the basis of ethnic origin, absence of a family network in the country of origin, total illiteracy, unequal treatment of single women, and an inability to integrate into society.

In relation to the absence of a family network, the case considered the stigma which may be suffered as a member of the particular social group of “single women in Ethiopia”.

Should she return to Ethiopia, it was considered likely that the Applicant would be totally ostracised to such an extent that she would be unable to integrate into society and enjoy her legal rights.

This was a judgment on the cassation appeal against the judgment of the Regional Administrative Court in Warsaw of 13 September 2006 (case ref. V SA/Wa 82/06) on dismissal of the appeal against the decision of the Polish Refugee Board on refusal to accord refugee status and grant a permit for tolerated stay.

Members of a refugee’s family may constitute a particular social group within the meaning of Article 1A(2) of the Geneva Convention, and the fact of being related to a refugee may also give rise to a risk of persecution that justifies according refugee status to a foreigner.

It is the duty of the Applicant to show that he has been persecuted or is at serious risk of persecution. He should describe that persecution and present it to the fullest extent possible, showing how it relates to him in particular. Lack of acceptance by one’s family, social ostracism, and the negative perception of people of a different sexual orientation do not constitute grounds for according refugee status. However, given that the foreigner’s illness (AIDS) is at a very advanced stage and that he is undergoing treatment for epilepsy, it is necessary to consider whether deportation to his country of origin would violate his right to life.

Refugee status was recognised for a transgender woman from Pakistan because discrimination for reasons relevant to asylum as well as involuntary prostitution to earn a living are sufficiently serious to represent persecution within the meaning of the Geneva Convention relating to the Status of Refugees.

Membership of a social group is an objective social fact not dependent on members of the group or, if they are not in a position to do so, their next of kin, expressing their membership of that group.

Neither the Applicant, who was approximately nine years old at the time of the decision, nor her parents had submitted reasons for persecution specifically relevant to the Applicant in the proceedings at the court of first instance or in the appeal. Despite this, the Asylum Court reached the conclusion – amongst other things after a personal hearing of the Applicant – that the Applicant would be persecuted directly by the state or privately in Afghanistan owing to her membership of a particular social group and the religious-political attitude to which she would be subjected. In doing so the Asylum Court applied child specific considerations.

In addition, the Court stated that group persecution was to be assumed with regard to Afghan women.

Persecution at the hands of political authorities acting for political reasons and with a political objective although not arising from the actual or imputed opinions of the individual concerned.