Case summaries

Following the careful examination of International, European and domestic law, the Court concluded that the grant of refugee status supersedes any order made by a Family Court (regarding the return of the child to Pakistan), because it is the Secretary of State for the Home Department  that is the entrusted public authority to deal with asylum matters.  However, were the Family Court to discover new facts, the relevant public authority would be responsible, in principle, under the tenets of UK Administrative Law to review their decision. 

The Spanish Supreme Court’s Administrative Chamber decides on the appeal of the applicant, whose application for international protection has been rejected. The Court solves the case reasoning that the situation in the country of origin has  improved from the moment the applicant lodged the application, and in addition, no sufficient proof of the said persecution was presented.

The Court of Appeal rejected a request rebutting the presumption of Turkey as a safe third country for a Syrian national of Armenian origin who resided there for one year and held a work permit, on the ground that general references to human rights violations and deficiencies in Turkey’s asylum system did not suffice to establish a real and individualised risk of persecution or indirect refoulement to Syria.

The applicant’ s description of a situation which gives rise to a risk to his life or physical integrity, deriving from gender-based violence, social or religious group violence, family/domestic violence, which is accepted, tolerated or not tackled by the State, imposes an ex proprio motu further investigation upon the Judiciary. The latter entails an investigation into the control of  violence described by the applicant in terms of whether it is widespread, whether there is impunity for the acts as well as the State’s response

In this case the applicants argued unsuccessfully that the decision of the UK designated authority for determining asylum claims (the Secretary of State for the Home Department) regarding an applicant’s age should be accepted by other government bodies.

The case refers to an appeal to the Supreme Court brought by the appellant against the High National Court’s decision to deny asylum.

The appellant is a Syrian national of Kurdish ethnicity and claims to be affiliated to the Kurdish political party “Azadi Akrad Siria” and to carry out political propaganda activities on their behalf.The Court affirms the denial of asylum and furthermore excludes the appellant from having the status of refugee sur place, even though the situation in Syria has changed since the application for asylum was lodged.However, taking into account the severe deterioration of the socio-political situation in Syria, the Supreme Court recognises the appellant’s right to remain in Spain on humanitarian grounds.

Two appeals have been made - by the asylum seeker and the State representative – to the Supreme Court against the judgment given by the High National Court which partially upheld the appeal filed against the Ministry of the Interior’s decision to deny international protection to an Ivorian national.   The High National Court’s decision, while denying refugee status, granted the applicant permission to reside in Spain under Article 17(2) of the Asylum Law (humanitarian considerations).The asylum seeker requests that his refugee status be recognised.The Public Prosecutor requests that the permit to reside in Spain on grounds of humanitarian considerations be retracted.The Supreme Court decided to maintain the applicant’s residence permit on grounds of humanitarian considerations on the basis of the updated country of origin information and the consequent risk to the person’s life or physical integrity.

This judgment overturned the decision of the Polish Refugee Board on revocation of refugee status. Adoption of state protection within the meaning of the law means that a foreigner benefits from the protection of the state of his nationality, that he is able to avail himself of this protection and that there exists no well-founded fear of persecution. Adoption of state protection means that the foreigner enjoys the genuine protection of his country of origin.

In proceedings on revocation of refugee status, the authority determines whether there are other reasons to justify the foreigner’s fear of persecution.

This decision concerns an appeal lodged before the Supreme Court against the decision of the High National Court, confirming the Ministry of Interior’s decision to revoke the refugee status of the appellant and her children. This revocation was issued following the voluntary return of the applicant’s husband to Colombia, his country of origin.