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Czech Republic - Supreme Administrative Court, 24 February 2004, Y.A. v Ministry of Interior, 6 Azs 50/2003-89
Country of applicant: Iran
Keywords: Assessment of facts and circumstances, Benefit of doubt, Burden of proof, Country of origin information, Personal interview

If any fact emerges during the interview, which indicates that the applicant could be persecuted for exercising his political rights and freedoms, or has a well-founded fear of being persecuted on the grounds upon which asylum can be granted, the Ministry of Interior obliged to conduct the interview in a way that would achieve an outcome which is sufficiently clear for the needs of considering the asylum claim. It is also necessary to evaluate the way in which state power is exercised in the country of origin, and the real possibility of exercising one’s political rights and other circumstances that could establish grounds for international protection.

Date of decision: 24-02-2004
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 4,Art 12,Art 33,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3
UK - Court of Appeal, 26 July 2002, El-Ali v Secretary of State for the Home Department [2002] EWCA Civ 1103
Country of applicant: Lebanon, Palestinian Territory
Keywords: Exclusion from protection
Art 1D of the 1951 Refugee Convention only applies to Palestinians who met two criteria. First of all, they had to have been in receipt of United Nations Relief and Works Agency for Palestinian Refugees in the Near East (“UNRWA”) protection or assistance on or before 28 July 1951 which was the date that the Convention was adopted. Secondly, whilst UNRWA’s mandate continued, if such Palestinians had left UNRWA’s field of operation they would have to show that they were in “exceptional circumstance”; for example if they were prevented from returning to UNRWA’s field of operation.
Date of decision: 26-07-2002
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 12,Art 28,Art 1,Art 3,Art 32,Art 33,Art 31,Art 4,Art 16,Art 22,Art 2,Art 13,Art 15,Art 17,Art 21,Art 24,Art 26,Art 27
Greece - Council of State, 15 September 2000, 495/2000
Country of applicant: Turkey
Keywords: Detention, Non-refoulement, Procedural guarantees, Revocation of protection status, Right to remain pending a decision (Suspensive effect), Protection, Well-founded fear, Refugee Status, Real risk, Access to the labour market

Application to give suspensive effect to a decision by the Minister for Public Order 

This 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. 

Immediate deportation would expose the applicant to the risk of suffering irreparable harm in the event that his application for annulment is successful. Because of the severity of that harm, moves to deport him must be given suspensive effect until there has been a final decision on his application for annulment, even though the decision to deport him was motivated by the protection of public order.

The case also considered ending the applicant's detention andreturning the refugee residence permit, which had been withdrawn, to the applicant. 

Date of decision: 15-09-2000
Relevant International and European Legislation: Art 1,Art 33,Art 32.1
UK - Court of Appeal, 31 July 2000, Revenko v Secretary of State for the Home Department [2000] EWCA Civ 500
Country of applicant: Moldova
Keywords: Country of former habitual residence, Stateless person
A stateless person who is outside his or her country of former habitual residence and is unable to return there is not a refugee unless he or she is unable to return owing to a fear of persecution for a Convention reason.
Date of decision: 31-07-2000
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),Art 33,UNHCR Handbook,Art 31,Art 2 (c),Para 100,Para 101,Para 102,Para 103