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Belgium – Council for Alien Law Litigation, 23 October 2008, Nr. 17.522
Country of applicant: Burundi

This case concerned the definition of an “internal armed conflict.” Relying on international humanitarian law and in particular on the Tadic decision of the International Criminal Tribunal for the former Yugoslavia (ICTY), the CALL defined  an “internal armed conflict” as continuous conflict between government authorities and organised armed groups, or between such groups within a State. The Call also found that a ceasefire did not necessarily mean that such a conflict had ended.

Date of decision: 23-10-2008
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 15 (c),Art 1A
Greece - The Council of State, 5 February 2008, 441/2008
Country of applicant: Turkey

Application for annulment of a decision by the Minister of Public Order 

The case concerned deportation of a recognized refugee (Articles 32 and 33 of the 1951 Convention relating to the Status of Refugees) after a conviction for a criminal offence under common law. Final conviction for a particularly serious crime is not sufficient legitimate justification for an act of deportation.; instead, the Administration is required to issue a specific ruling that the convicted refugee, given the circumstances under which he committed the offence and his personality, is thereafter a risk to the community as a whole to such an extent that his stay in Greece is no longer tolerable and that his immediate removal from the country is required.

A threat to the legal interests of public order does not constitute a reason to revoke refugee status as this is not explicitly referred to in the reasons for terminating refugee status in accordance with Article 1C of the 1951 Convention. Furthermore, it falls within the competence of the Council of State to annul a ruling, issued by relying on Articles 32 and 33 of the 1951 Convention relating to the Status of Refugees, which involves the deportation of an alien who has been recognized as having refugee status under the said international Convention and who continues to have refugee status.

The case also considered the lack of competence of the body which issued the contested decision (General Secretary of the Ministry of Public Order instead of the competent Minister for Public Order). 

Date of decision: 05-02-2008
Relevant International and European Legislation: Art 1A,Art 32,Art 1F,Art 33,Art 2,Art 1C
UK - Upper Tribunal, 31 October 2007, SB (PSG - Protection Regulations-Reg 6) Moldova CG [2008] UKIAT 00002
Country of applicant: Moldova

This case was the first application of Art 10 of the Qualification Directive in the UK to a case involving human trafficking. The Tribunal found that trafficking victims are capable of being members of a Particular Social Group and that both sub paragaphs of Art 10(d) must be satisfied. 

Date of decision: 31-10-2007
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 10,Art 9.3,Art 1A
Germany - Administrative Court Köln, 12 October 2007, 18 K 6334/05.A
Country of applicant: Iraq

Currently every Sunnite and Shiite from Central and South Iraq is to be considered as a refugee within the meaning of Section 60 (1) Residence Act and the 1951 Refugee Convention, if he/she originates from a region with mixed denominations.

Returnees who originate from regions of mixed denominations cannot obtain internal protection in any part of Iraq.

Date of decision: 12-10-2007
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 8,Art 4.3,Art 7,Art 9,Art 10.1 (d),Art 10,Art 4,Art 6,Art 4.4,Art 1A,UNHCR Handbook,Para 38,Para 37,Para 41,Para 42,Para 39,Para 40,Art 2 (c),Para 44,Para 43,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3,Article 4,Article 5,Article 7,Article 8,Article 9,Article 11,Article 12,Article 15
Greece - Council of State, 5 July 2007, 1628/2007

Application for annulment of a decision by the Minister of Public Order

 

This case concerned the interpretation of Presidential Decree 61/1999 in light of Directive 2004/83/EC andexamined the reasoning of the Administration's decision in an application for recognition as a refugee, in an appeal for annulment. The minutes of the Advisory Committee should cite not only the interested party's claims but also the content of the questions put by members of the Committee and the alien's responses, as well as a detailed assessment of the claims and of any documentation or other evidence which may have been submitted. There is an obligation on the members of the Committee to deliver a reasoned judgment on the credibility of the asylum seeker. 

Date of decision: 05-07-2007
Relevant International and European Legislation: Art 4.3,Art 9,Art 4,Recital 6,Art 39,Art 1A,Art 38,Article 15
Greece - Council of State, 11 October 2005, 3337/2005
Country of applicant: Afghanistan

Application for annulment of a decision by the Minister of Public Order 

The lack of personal persecution of an alien applicant does not preclude the recognition of refugee status if it is shown that there is an objective and well-founded fear of individual persecution in the applicant's country.

The case also addressed the deficient reasoning for the deviation in the Minister for Public Order's decision from the opinion issued by the competent Committee.  

Date of decision: 11-10-2005
Relevant International and European Legislation: Art 1A
Greece - Council of State, 12 July 2005, 2232/2005
Country of applicant: Iraq

Application for annulment of a decision by the Minister of Public Order 

The contested ministerial decision, which held that the applicant's application for recognition as a refugee should be rejected because  threats emanating from non-state actors do not constitute a well-founded fear of persecution within the meaning of the 1951 Convention, is in direct violation of Article 1A(2) of the 1951 Convention.

Date of decision: 12-07-2005
Relevant International and European Legislation: Art 6 (c),Art 1A,Art 38
Poland - Supreme Administrative Court in Warsaw, 14 February 2002, V SA/Wa 1673/01,
Country of applicant: Palestinian Territory

One cannot demand recognition of refugee status pursuant to Article 1A(2) of the Geneva Convention where protection can be provided pursuant to Article 1D of the Convention. The phrase used in the first sentence of Article 1D of the Convention – “persons who are at present receiving… protection or assistance” – relates to those Palestinians who could avail themselves of protection on the date of the Convention, i.e., on 28 July 1951., and to their direct descendants born after that date, provided they remain under the mandate of UNRWA (United Nations Relief and Works Agency). “Protection or assistance” for Palestinians is provided solely in areas under the UNRWA mandate. Therefore, exclusions from protection under the Geneva Convention relate only to those Palestinians who reside permanently in those areas.

Date of decision: 14-02-2002
Relevant International and European Legislation: Art 2,Art 12,Art 5,Art 4,Art 23,Art 1A,Para 94,Para 96,Art 1D,Art 1C,Para 143
UK - Immigration Appeal Tribunal, 19 July 2001, Kacaj v Secretary of State for the Home Department [2001] UKIAT 0018
Country of applicant: Albania
This case confirmed that the UK will apply a single standard of proof for protection claims, whether based on Refugee Convention grounds or Art 3 of the European Convention on Human Rights (ECHR).
Date of decision: 19-07-2001
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 2,Art 7,Art 4,Art 6,Art 1A,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 2,Article 3,Article 8
UK - Immigration Appeal Tribunal, 10 June 1994, Kaja (Political asylum; standard of proof) (Zaire) [1994] UKIAT 11038
Country of applicant: Congo (DRC)
The Immigration Appeal Tribunal (IAT) addressed the question of whether the assessment of facts and the determination of refugee status involved a two stage process with different standards of proof. The standard of proof for the assessment of status is “reasonable degree of likelihood.”
Date of decision: 10-06-1994
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 4,Art 1A,UNHCR Handbook,Para 42