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Netherlands - ABRvS, 29 February 2012, 201106216/1/V1
Country of applicant: Afghanistan

The conclusion can be drawn on the basis of the B. and D. judgment that, based on the description of Hizb-e Wahdat in the official report as a violent organisation, a policy of presuming 'personal and knowing participation' on the part of aliens who have fulfilled specific roles within the organisation is consistent with Article 12(2) of the Qualification Directive.

Date of decision: 29-02-2012
Spain - Supreme Court, 24 February 2012, Nº 1197/2011
Country of applicant: Nigeria

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 Nigerian national and claims to have left her country because of armed confrontations between the group she belonged to (the Massob) and other armed groups.After a demonstration organised by the Massob to demand freedom and independence for the group, the government retaliated against the demonstrators, killing several people.Therefore, she decided to flee the country with her husband and one year old daughter.During the crossing in a small boat from Morocco to Spain, her daughter died.On these grounds the Supreme Court recognised the appellant’s right to remain in Spain on grounds of humanitarian considerations.

Date of decision: 24-02-2012
France - National Court of Asylum, 21 February 2012, No 11032252
Country of applicant: Eritrea, Ethiopia

When the asylum claim of an applicant has not been individually assessed, the National Court of Asylum has to cancel the asylum refusal decision and the asylum claim has to be reassessed by the OFPRA.

Date of decision: 21-02-2012
Slovakia - Constitutional Court of the Slovak Republic, 20 February 2012, Petition for constitutional protection by K.H., IV. ÚS 308/2011-90
Country of applicant: Afghanistan

The procedure of the Court did not include decisive evidence for an assessment of whether, as a ground for revoking protection status, the complainant represented a danger to the security of the Slovak Republic, thereby infringing the complainant’s right to respond to all of the evidence, under Article 48(2) of the Constitution of the Slovak Republic and under Article 38(2) of the Charter of Fundamental Rights and Freedoms in conjunction with Article 13(4) of the Constitution of the Slovak Republic and Article 4(4) of the Charter of Fundamental Rights and Freedoms. The basis on which the competent authorities reach a decision must be clear from the administrative authority’s file and from the court file, even where no explicit reason is provided in the statement of reasons for their decision.

Date of decision: 20-02-2012
Belgium - Council of State, 16 February 2012, No. 218075
Country of applicant: Unknown

The real risk of suffering the type of serious harm envisaged in Article 15(b) of the Qualification Directive (torture and inhuman or degrading treatment) may be established by an Applicant who proves that he is a member of a group systematically targeted for such harm and who does not put forward any other circumstances relating to his individual case. 

Date of decision: 16-02-2012
Slovenia - Administrative Court of the Republic of Slovenia, 14 february 2012, I U 42/2012,
Country of applicant: Afghanistan

When reaching a decision, the Defendant should have protected the best interest of the child. Taking into account the fact that the Applicant is a minor and providing legal representation for a minor applicant, are necessary elements in the process of demonstrating and establishing the facts. The principle of protecting the best interest of the child has to be enforced when assessing the risk that the absolute rights of the child might be violated if he is returned to his country of origin and needs to be reflected in the Defendant’s burden of proof as well as in the rules and standards of  evidence (in relation to subsidiary protection).

The Defendant should already have started searching for parents during the procedure for international protection and not only once the procedure for removing the child from the state has begun.   

Threats and violence against a person’s family members can be considered as acts of persecution where that person is connected to the facts which previously led to the violence..

The Plaintiff needs to state all circumstances known to him in relation to his persecution; however he does not need to establish a material and legal connection between the persecution and the reasons for persecution.

The fact that somebody is a child in Afghanistan can mean that he belongs to particular social group.

Date of decision: 14-02-2012
France - National Asylum Court, 13 February 2012, M.D., No. 11026661
Country of applicant: Saudi Arabia

The fears of an Applicant originating from a refugee camp near Tindouf were considered with regard to the Self-Proclaimed Sahrawi Arab Democratic Republic (SADR), taken as a de facto authority. 

Date of decision: 13-02-2012
France - Council of State, 13 February 2012, n° 356457
Country of applicant: Armenia

An administrative authority seriously and manifestly illegally violated the right to asylum by refusing on principle to register an asylum application on the sole ground that the party concerned would not be accompanied by an interpreter for an additional interview. That situation constituted an emergency situation pursuant to article L. 521-2 of the French Code of Administrative Justice.

Date of decision: 13-02-2012
Austria – Asylum Court, 7 February 2012, S1 424.244-1/2012/3E
Country of applicant: Pakistan

This was an appeal against the decision to transfer the applicant to Hungary on the ground that Hungary would transfer the applicant to Serbia, which would amount to indirect refoulement in violation of Article 3 ECHR. The Asylum Court allowed the appeal and held that, although Hungary can be assumed as a safe country, if an applicant gives individual reasons for why Hungary is not safe these must be examined in detail. 

Date of decision: 07-02-2012
France - Council of State, 6 February 2013, n° 353807
Country of applicant: Sri Lanka

The final determination by an administrative court which quashed a decision returning an individual and determining the country of return on the grounds that the individual had substantiated the fear of persecution in the country of return, necessitated the admissibility before the asylum courts of an application for the matter to be re-examined. Based on this judgment, the National Asylum Court (CNDA) therefore had to re-examine all the facts submitted to it for determination.

Date of decision: 06-02-2012