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Greece - Council of State, 11 October 2005, 3337/2005
Country of applicant: Afghanistan
Keywords: Individual assessment, Persecution Grounds/Reasons, Protection, Unaccompanied minor, Well-founded fear, Refugee Status, Real risk, Child Specific Considerations, Obligation to give reasons

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
Keywords: Non-state actors/agents of persecution, Persecution Grounds/Reasons, Protection, Well-founded fear, Refugee Status, Real risk, Individual threat

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
Keywords: Exclusion from protection, Refugee sur place, Cessation of protection

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
Keywords: Actor of persecution or serious harm, Standard of proof
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)
Keywords: Assessment of facts and circumstances, Standard of proof
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