Case summaries
The three cumulative prerequisites for an internal protection alternative are not fulfilled, as it cannot be reasonably expected of the refugee to settle in the proposed part of the country. The UNHCR’s reasonability test is comparable with the national legislation’s one and UNHCR defines the internal protection alternative as ‘unreasonable’.
The proposed deportation of the applicants to Iraq would not violate Article 3 ECHR, either based on the general situation of violence in Iraq, or on the basis of past serious violence and threats that occurred in 2008.
In the case of the Nigerian asylum-seeker, the Court found the objection of the OIN unfounded, repealed its decision and ordered the OIN to conduct a new procedure.
The Court emphasised that the contradictions which were encountered by the OIN were irrelevant regarding the applicant’s flight testimony, therefore the applicant can be considered credible.
By not considering country information submitted by the applicant, the Slovenian Migration Office did not establish all relevant facts and circumstances of the case before it. The Office had not clearly and precisely explained which reasons it considered as decisive in determining that the degree of indiscriminate violence in the applicant’s country of origin did not reach such a level that the applicant would be subjected to a serious and individual threat to his life or person in the event of return to his country of origin.