Case summaries

This case concerned reliance upon demeanour in refusing a refugee application. Then Court found that an asylum decision maker must be careful not to misplace reliance upon demeanour and risk construing as deliberate lack of candour from a demeanour which may be the result of nervousness, of the stress of the occasion and even of the embarrassment of being an asylum seeker.

The question of whether the current situation in Iraq is an internal armed conflict (nationwide or regionally) according to Section 60 (7) (2) Residence Act/Art. 15 (c) Qualification Directive was left open. Even if one assumes that such a conflict takes place, subsidiary protection is only to be granted if the applicant is exposed to a serious and individual threat to life or physical integrity “in the course of” such a conflict. This cannot be established regarding the applicant in the present case.

Refugee status was granted to an Algerian woman who was at risk of forced marriage due to membership of a particular social group.

To not give the applicant some additional time to submit documents that the authorities are already aware of which may be relevant for the asylum application is a violation of Art 4.1 of the Qualification Directive.

The Supreme Administrative Court (SAC) returned the case to the Administrative Court for reconsideration based on the applicants' change of circumstance (conversion to Christianity in Finland) which only became apparent during the appeal before the SAC.

A claim based on past persecution was rejected on the basis that it lacked credibility. A challenge to the decision of the Tribunal was successful on the basis that the decision did not contain any reasoned assessment of the prospective risk of future persecution if returned to Sudan. The High Court in its judgment cautioned against the use of case law as a source of country of origin information.

The Council of State addressed a request for a preliminary ruling to the CJEU regarding the application of the Reception Conditions Directive to asylum applicants to whom the Dublin II Regulation applies.

The Administrative Court did not consider credible the claim that the applicant’s conversion to Christianity had come to the attention of the Afghan authorities. The Court held that even if this information had reached the authorities, the applicant would not be at risk on return.

This case considered exclusion from refugee status and found that criminal proceedings are not required for the application of Art 12.2 of the Qualification Directive or Art 1F of the Refugee Convention.