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France - Council of State, 27 July 2012, n° 349824, M.B.
Country of applicant: Congo (DRC)

A social group is not formed by those of whom it consists, or even by the objective existence of characteristics ascribed to them, but by the way in which surrounding society or institutions regard them. 

Date of decision: 27-07-2012
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 1A (2),Art 10.1 (d)
Greece - Special Appeal Committee, 23 July 2012, D.C. v. the Chief of Security and Order of the (former) Ministry of Public Order, Application No. 95/127059
Country of applicant: Mauritania

This case concerned a real well-founded fear of persecution (re-enslavement of the Applicant), failure to recognise the Applicant's refugee status as a member “of a particular social group” and a finding that his fear was not due to the grounds for persecution as defined by Article 1A of the Convention.

It was held that, should he return to his country, there was a risk that the Applicant would suffer serious harm (inhuman and degrading treatment because of potential re-enslavement) which justified granting him subsidiary protection under Article 15(2)(b) of the Directive.

Furthermore, and irrespective of the above, the Committee felt that it would amount to inhuman and degrading treatment under the said Article if the Applicant (who was suffering from chronic renal failure and hypertension) were deprived of the appropriate medical care and treatment for his condition, believing that should he return he would possibly not have access to the health care system (which was, in any case, deemed ineffective) in his country of origin, and this would be tantamount to a breach of Article 3 of the ECHR.

Date of decision: 23-07-2012
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 1A (2),EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 33,Para 38,Para 42,Para 39,Para 51,Art 25.2,Art 25.3,Article 3
Hungary - Metropolitan Court, 28 June 2012, G.N. v Office of Immigration and Nationality, 20.K.31.576/2012/3
Country of applicant: Afghanistan

Instead of rejecting the application, the Court granted subsidiary protection status to the single female Applicant and her minor children, as their return to the country of origin would lead to the risk of serious harm (indiscriminate violence).

Date of decision: 28-06-2012
Relevant International and European Legislation: Art 1A (2),Art 15 (c),Art 15 (b),Art 23.2,Art 23.1,Art 23.5
Greece - Special Appeal Committee, 22 June 2012, A.G. v. the General Secretary of the former Ministry of Public Order, Application No. 95/56266
Country of applicant: Iran

The Applicant was a homosexual male from Iran who had renounced Islam and was studying the catechism of the Roman Catholic doctrine. It was held that the Applicant had no well-founded (objective) fear of persecution on the grounds of changing his religious beliefs.

Regarding the risks associated with his sexual orientation, the fear that the Applicant expressed was deemed to be well-founded, and it was held that not externalising his sexual orientation to avoid danger would, in and of itself, constitute serious harm to his right to respect for his private life and his right to not be discriminated against. Therefore, his refugee status was recognised and he was granted the international protection in the form of refugee status.

Date of decision: 22-06-2012
Relevant International and European Legislation: Art 1A (2),EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 10.1 (d),Art 4.4,Art 4.3 (a),Art 1F,Art 9.2 (c),Art 9.1 (a),Article 3,Article 5,Article 8,Article 14,Para 45
Greece - Special Appeal Committee, 20 June 2012, H.K. v. the General Secretary of the (former) Ministry of Public Order, Application No. 95/48882
Country of applicant: Iran

This case involved recognition of refugee status under Article 1A(2) of the 1951 Convention on grounds of religious beliefs.

More specifically, it was held that the arrest and torture the Applicant suffered at the hands of his father and the State authorities because of his Christian faith, the risk of being executed for apostasy because he was baptised in Greece, and the risk of being arrested and maltreated again should he return to Iran, constituted persecution under Article 1A(2) of the 1951 Convention, the actor of persecution being the State. Furthermore, being forced to conceal one's religious beliefs and/or proclaim belief in another religionin order to avoid persecution and/or deprivation of basic rights constitutes a breach of religious freedom under Article 9 of the ECHR and also the related case law of the ECtHR.

Date of decision: 20-06-2012
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 1A (2),EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 1F,Para 38,Para 41,Para 42,Para 39,Para 96,Art 1D,Para 51,Art 1E,Art 25.2,Art 25.3,Article 9,Article 15
France - Council of State, 16 May 2012, No. 331855
Country of applicant: Armenia

Article L. 712(1) (b) of the CESEDA requires the asylum judge to examine whether the circumstances allow the risks referred to in this provision to be regarded as proven. The protection provided for in this Article is only granted where there is a real, rather than possible, risk of inhuman or degrading treatment in the event of a return to the Applicant’s country of origin. 

Date of decision: 16-05-2012
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 1A (2),EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005
France - National Asylum Court, 4 May 2012, M.B., No. 11004519
Country of applicant: Turkey

Where national authorities responsible for examining asylum applications breach the duty of confidentiality, this can of itself create conditions exposing an asylum seeker to persecution within the meaning of the 1951 Refugee Convention.

Date of decision: 04-05-2012
Relevant International and European Legislation: Art 1A (2),Art 22
Belgium - Council for Alien Law Litigation, 12 April 2012, Nr. 100873
Country of applicant: Afghanistan

The Applicants' applications for asylum were rejected as they did not tell the truth about their former residence(s) before moving to Belgium, and it could therefore not be ruled out that they were also nationals of or enjoyed protection status in another country. However, they could not be deported to Afghanistan, even though it was at least established that they were Afghan nationals.

Date of decision: 12-04-2012
Relevant International and European Legislation: Art 1A (2),Art 2 (e),Art 2 (k),Art 4,Para 205,Article 3
France - National Asylum Court, 5 April 2012, M.Z., No. 10004811
Country of applicant: Iran

The exclusion of a person who had belonged to a terrorist organisation depended on a personal examination to see whether there were genuine grounds to attribute to him a personal responsibility as organiser, author or accomplice to serious crimes under ordinary law or actions contrary to the purposes and principles of the United Nations.

Date of decision: 05-04-2012
Relevant International and European Legislation: Art 1A (2),Art 12,Art 1F(c)
Spain - Supreme Court, 24 February 2012, Nº 1197/2011
Country of applicant: Nigeria

The case refers to an appeal to the Supreme Court brought by the appellant against the High National Court’s decision to deny asylum.

The appellant is a Nigerian national and claims to have left her country because of armed confrontations between the group she belonged to (the Massob) and other armed groups.After a demonstration organised by the Massob to demand freedom and independence for the group, the government retaliated against the demonstrators, killing several people.Therefore, she decided to flee the country with her husband and one year old daughter.During the crossing in a small boat from Morocco to Spain, her daughter died.On these grounds the Supreme Court recognised the appellant’s right to remain in Spain on grounds of humanitarian considerations.

Date of decision: 24-02-2012
Relevant International and European Legislation: Art 1A (2),Art 4.5,Art 4.5 (e)