Case summaries

  • My search
  • Relevant International and European Legislation
    1
Reset
Poland - Judgement of the Voivodeship Administrative Court in Warsaw from 1 December 2014 no IV SA/Wa 1825/14 dismissing the complaint against the decision of the Refugee Board
Country of applicant: Ukraine

The Voivodeship Administrative Court found that the conflict in Ukraine is not an armed conflict as defined in the provisions  relating to the grant of subsidiary protection. Even if the applicant was attacked by some persons he did not know, his obligation was to seek assistance in his country of origin, even if obtaining assistance would seem illusory and not realistic.

Granting refugee status is not justified by the living conditions or economic situation of the applicant, but only by the existing fear of persecutions in the country of origin. The state and regional authorities help internally displaced persons (IDPs) in organizing a new life undertake all efforts to ensure housing and assistance to IDPs from the southern and eastern part of the country in western and central Ukraine

Date of decision: 01-12-2014
Relevant International and European Legislation: EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011,Article 8
Germany – Administrative Court Hannover, 08/15/2014, 6 A 9853/14
Country of applicant: Iraq

In light of a deterioration of safety conditions in Iraq since June 10th 2014 members of the Yazidi religious group living in the province of Ninive (Mosul) are in danger of persecution solely on the basis of their religious beliefs, from which they can’t reasonably seek effective protection from the Iraqi state nor from any other organization, which could offer protection. Furthermore they can’t now, nor will they for the foreseeable future be able to evade persecution by seeking refuge in safe havens within country boarders.

Date of decision: 15-08-2014
Relevant International and European Legislation: Article 8
ECtHR - A. A. M. v. Sweden, Application No. 68519/10
Country of applicant: Iraq

The European Court of Human Rights has ruled that, due to the availability of internal protection, Sweden can deport an asylum seeker back to Iraq provided that he is not returned to parts of Iraq situated outside the Kurdistan Region.

Date of decision: 03-07-2014
Relevant International and European Legislation: Article 3,Article 8