Case summaries
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
Keywords:
Actor of persecution or serious harm, Benefit of doubt, Country of origin information, Credibility assessment, Inhuman or degrading treatment or punishment, Internal protection, Serious harm, Well-founded fear, Religion, Real risk, Death penalty / Execution, Discrimination, Sexual orientation
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