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Germany - High Administrative Court of Baden-Wurttemberg, 20 May 2008, A 10 S 72/08
Country of applicant: Pakistan

Art 10.1 (b) of the Qualification Directive guarantees wide reaching protection of the freedom of religion. However, merely belonging to the Ahmadiyya religious community does not justify the granting of refugee status.

Date of decision: 20-05-2008
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 4.3,Art 9.2,Art 10.1 (b),Art 9.1,Art 2 (c),EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 9
Poland - Supreme Administrative Court of Poland, 8 May 2008, OSK 237/07
Country of applicant: Russia

Gender may be a feature defining a social group, so women can be a particular social group.

Violence, beating, and bullying constitute persecution, even if these acts are committed by the local community or individual members thereof.

It is vital to determine whether the applicant obtained help from the state when she requested it or whether there was a genuine (and not just theoretical) opportunity to seek protection.

Date of decision: 08-05-2008
Relevant International and European Legislation: Art 1A (2),Art 7.2,Art 10.1 (d),Art 6 (c),Art 4.3 (a),Art 9.1,Art 7.1,Para 65,Art 9.2 (a),Article 10,Article 3
Spain – Supreme Court, 14 December 2006, Nº 8233/2003
Country of applicant: Colombia

The case concerned an appeal lodged before the Supreme Court against a decision of the High National Court to reject a claim for refugee status based on membership of a particular social group (this particular group was determined by economic status).

Date of decision: 14-12-2006
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 10.1 (d),Art 1,Art 9.1
Czech Republic - Supreme Administrative Court, 5 October 2006, A.M. v. Ministry of the Interior, 2 Azs 66/2006-52
Country of applicant: Armenia

The sexual orientation of the Applicant for asylum may, depending on circumstances and with regard to the situation in the country of origin, be considered a sign of his membership of a particular social group. The threat of injury to the Applicant for asylum as a result of actions causing psychological pressure may not be as serious as injuries that result in threats to life or freedom, but must be at least of a comparable type.

Date of decision: 05-10-2006
Relevant International and European Legislation: Art 10.1 (d),Art 9.1,Art 2 (a)
Czech Republic - Supreme Administrative Court, 21 December 2005, S.N. v Ministry of Interior, 6 Azs 235/2004-57
Country of applicant: Belarus

Membership of a political party is not required to establish persecution for reasons of political opinion.

Date of decision: 21-12-2005
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 9.2,Art 10.1 (e),Art 9.1