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UK - Upper Tribunal (Asylum and Immigration Chamber), AK (Article 15(c)) Afghanistan CG, [2012] UKUT 163 (IAC)
Country of applicant: Afghanistan
Keywords: Country of origin information, Internal protection, Subsidiary Protection, Internal armed conflict

There is not currently an indiscriminate conflict in Afghanistan (as a whole, or in any province) within the meaning of Article 15(c). Internal protection is in general possible in Kabul; however it is unreasonable to expect certain categories of women to seek internal protection within Afghanistan.

Date of decision: 18-05-2012
Relevant International and European Legislation: Art 15 (c),Art 15 (a),Art 15 (b),Art 8,Art 9,Art 24.2,Art 4,Recital 25,Art 8,3.,Article 2,Article 3
Sweden - Migration Court of Appeal, 20 January 2012, UM 4609-10
Country of applicant: Angola
Keywords: Assessment of facts and circumstances, Credibility assessment, Medical Reports/Medico-legal Reports, Torture

The judgment of the European Court of Human Rights (ECtHR) in R.C. v. Sweden (Application no. 41827/07) has a definitive impact on how protection needs are assessed and the scope of the duty of Swedish courts and authorities to investigate claims of torture.

Date of decision: 20-01-2012
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 15 (a),Art 15 (b),Art 4,Art 8,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3,Article 15,Article 46
Hungary - Metropolitan Court, 28 December 2010, A.M. v. Office of Immigration and Nationality, 15.K.34.141/2009/12
Country of applicant: Afghanistan
Keywords: Assessment of facts and circumstances, Country of origin information, Credibility assessment, Individual assessment, Indiscriminate violence, Serious harm, Subsidiary Protection, Real risk

Country of origin information can verify a situation in which the risk of persecution can exceptionally be considered to be proved without substantiating the personal circumstances of the applicant. The danger of the harm is real, and complies with the requirements of subsidiary protection.

Date of decision: 28-12-2010
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 15 (c),Art 15 (a),Art 15 (b),Art 15,Art 1A,UNHCR Handbook,Para 38,Para 41,Para 42,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3
Ireland - High Court, 14 January 2010, Obuseh v Minister for Justice, Equality and Law Reform [2010] IEHC 93
Country of applicant: Nigeria
Keywords: Armed conflict, Burden of proof, Indiscriminate violence, Serious harm, Subsidiary Protection, Real risk, Individual threat

This case concerned the appropriate manner in which an application for subsidiary protection is to be decided where there may be at least an implicit claim of a “serious and individual threat” to the applicant by reason of indiscriminate violence. The Court found that Article 15(c) of the Directive does not impose a free-standing obligation on the Minister to investigate a possible armed conflict situation, it is for the applicant to make this claim and to make submissions and offer evidence establishing that he is from a place where there is a situation of international of internal armed conflict, and that he is at risk of serious harm by reason of indiscriminate violence.

Date of decision: 14-01-2010
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 15 (c),Art 15 (a),Art 15 (b),Art 2 (e),Art 2,Art 7,Art 15,Art 4,Art 4.4
Czech Republic - Supreme Administrative Court, 11 February 2009, A. R. V Ministry of Interior, 1 Azs 107/2008-78
Country of applicant: Ukraine
Keywords: Manifestly unfounded application, Non-refoulement, Serious harm, Subsidiary Protection, Death penalty / Execution

The Ministry of Interior is obliged to consider whether the conditions for granting subsidiary protection are fulfilled even when the application for international protection is dismissed as manifestly unfounded when it is clear that the applicant is making an application merely in order to delay or frustrate the enforcement of an earlier or imminent decision which would result in his or her removal, and if the applicant has failed without reasonable cause to make his or her application earlier, having had opportunity to do so.

Date of decision: 11-02-2009
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 15 (a),Art 17,Art 15,Art 6 (c),Art 23.4 (j),Art 33,Art 23.4 (i),EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3
Netherlands - AJDCoS, 20 July 2007, 200608939/1
Country of applicant: Kosovo
Keywords: Armed conflict, Subsidiary Protection

The question as to whether or not an armed conflict existed has to be answered according to humanitarian law (common Art 3 of the Geneva Convention and the second additional protocol).

Date of decision: 20-07-2007
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 15 (c),Art 15 (a),Art 15 (b),Art 2 (e)