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UK - Court of Appeal, 13 February 1998, Lazarevic v Secretary of State For Home Department [1997] EWCA Civ 1007; [1997] Imm AR 251
Country of applicant: Somalia
Keywords: Persecution (acts of), Nationality

The Court of Appeal held that an asylum-seeker unable to return to his country of origin may indeed be entitled to recognition as a refugee provided only that the fear or actuality of past persecution still plays a causative part in his or her presence here. Further, the refusal of the State of nationality to permit return can constitute persecution.

Date of decision: 13-02-1998
Belgium – Constitutional Court, 1 December 1994, Nr. 83/94
Country of applicant: Romania
Keywords: Effective remedy (right to), Subsequent application

This case concerned subsequent applications for asylum. The Constitutional Court ruled that Art 50, (3) and (4) of the Belgian Aliens Law (current Art 51/8) should be interpreted in such a way that the possibility to lodge an appeal for suspension of that decision is only excluded in cases where the following three conditions are met:

(1) the applicant has filed an earlier asylum application that was refused;
(2) the applicant has had the opportunity to appeal this decision and to exhaust his legal remedies;
(3) the applicant is making an identical asylum application without submitting any new elements.

Date of decision: 01-12-1994
UK - Immigration Appeal Tribunal, 10 June 1994, Kaja (Political asylum; standard of proof) (Zaire) [1994] UKIAT 11038
Country of applicant: Congo (DRC)
Keywords: Assessment of facts and circumstances, Standard of proof
The Immigration Appeal Tribunal (IAT) addressed the question of whether the assessment of facts and the determination of refugee status involved a two stage process with different standards of proof. The standard of proof for the assessment of status is “reasonable degree of likelihood.”
Date of decision: 10-06-1994