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NA and VA (Protection: Article 7, Qualification Directive): UTIAC 19 Jun 2015

The word ‘generally’ in Article 7(2) of Council Directive 2004/83/EC (the Qualification Directive) denotes normally or in the generality of cases. Thus the operation of an effective legal system for the detection, prosecution and punishment of acts constituting persecution or serious harm and access to such system by the claimant may not, in a given … Continue reading NA and VA (Protection: Article 7, Qualification Directive): UTIAC 19 Jun 2015

QD and AH (Iraq) v Secretary of State for the Home Department: CA 24 Jun 2009

Judges: Sedley, Longmore, Maurice Kay LJJ Citations: [2009] EWCA Civ 620, [2009] INLR 514, [2010] Imm AR 132, C5/2008/1706, C5/2009/0251 Links: Bailii Statutes: European Convention on Human Rights 2 3, Directive 2004/83/EC Jurisdiction: England and Wales Citing: Examined – Elgafaji and Elgafaji v Staatssecretaris van Justitie ECJ 17-Feb-2009 Europa (Grand Chamber) Directive 2004/83/EC – Minimum … Continue reading QD and AH (Iraq) v Secretary of State for the Home Department: CA 24 Jun 2009

B v Germany: ECJ 9 Nov 2010

ECJ Directive 2004/83/EC – Minimum standards for the grant of refugee status or of subsidiary protection – Article 12 – Exclusion from refugee status – Article 12(2)(b) and (c) – Notion of ‘serious non-political crime’ – Notion of ‘acts contrary to the purposes and principles of the United Nations’ – Membership of an organisation involved … Continue reading B v Germany: ECJ 9 Nov 2010

HM and Others (Article 15(C)) Iraq CG: UTIAC 13 Nov 2012

UTIAC A. Lawa) The guidance as to the law relating to Article 15(c) of the Refugee Qualification Directive 2004/83/EC given by the Tribunal in HM and Others (Article 15(c)) Iraq CG [2010] UKUT 331 (IAC) (‘HM1’) at [62]-[78] is reaffirmed. Of particular importance is the observation in HM1 that decision-makers ensure that following Elgafaji, Case … Continue reading HM and Others (Article 15(C)) Iraq CG: UTIAC 13 Nov 2012

HKK (Article 3: Burden/Standard of Proof): UTIAC 22 Oct 2018

(1) It has long been a requirement, found in the case law of the European Court of Human Rights (‘ECtHR’), for the government of a signatory state to dispel any doubts regarding a person’s claim to be at real risk of Article 3 harm, if that person adduces evidence capable of proving that there are … Continue reading HKK (Article 3: Burden/Standard of Proof): UTIAC 22 Oct 2018

Hazem Kamel Ismail v Bevandorlasi Es Allampolgarsagi Hivatal: ECJ 13 Sep 2012

ECJ Opinion – Directive 2004/83/EC – Conditions to be met by third country nationals or stateless persons claiming refugee status – Stateless persons of Palestinian origin having availed themselves of UNRWA assistance – Meaning of ‘[w]hen such protection or assistance has ceased for any reason’ and ‘entitled to the benefits of this Directive’ Judges: Sharpston … Continue reading Hazem Kamel Ismail v Bevandorlasi Es Allampolgarsagi Hivatal: ECJ 13 Sep 2012

HN v Minister For Justice, Equality And Law Reform: ECJ 7 Nov 2013

EcJ Opinion – Common European asylum system – Directive 2004/83/EC – Minimum standards for qualification for refugee status or subsidiary protection status – Directive 2005/85/EC – Minimum standards on procedures in Member States for granting and withdrawing refugee status – National procedural rule making the consideration of an application for subsidiary protection subject to the … Continue reading HN v Minister For Justice, Equality And Law Reform: ECJ 7 Nov 2013

FA (Iraq) v Secretary of State for The Home Department: SC 25 May 2011

Having failed in his asylum claim, FA claimed the protection of European law, saying that a right of appeal should be available to him against the refusal of his application for humanitarian relief under Eurpean law. Held: The matter raised issues requiring an answer from the ECJ, and the matter was referred accordingly. Judges: Lord … Continue reading FA (Iraq) v Secretary of State for The Home Department: SC 25 May 2011

FA (Iraq) v Secretary of State for The Home Department: CA 18 Jun 2010

The claimant had applied both for asylum and humanitarian protection. Both claims had been rejected, but he was given leave to stay in the UK for a further year. He now sought to appeal not only against the rejection of the asylum claim but also the humanitarian protection claim. Held: The claimant’s appeal succeeded. He … Continue reading FA (Iraq) v Secretary of State for The Home Department: CA 18 Jun 2010

B v Germany: ECJ 1 Jun 2010

ECJ Minimum standards for conditions to be fulfilled by third-country nationals or stateless persons as refugees – Reasons for exclusion from refugee status – Article 12, paragraph 2 b) of Directive 2004/83 / EC – applicant’s past participation in the activities of an organization registered in the list of persons, groups and entities to which … Continue reading B v Germany: ECJ 1 Jun 2010

B v Germany (Opinion): ECJ 1 Jun 2010

ECJ Minimum standards for conditions to be fulfilled by third-country nationals or stateless persons as refugees – Reasons for exclusion from refugee status – Article 12, paragraph 2 b) of Directive 2004/83 / EC – applicant’s past participation in the activities of an organization registered in the list of persons, groups and entities to which … Continue reading B v Germany (Opinion): ECJ 1 Jun 2010

Bolbol (Area Of Freedom, Security And Justice): ECJ 4 Mar 2010

ECJ Minimum conditions to be fulfilled by persons from third countries or stateless persons in order to be able to claim refugee status – Stateless person of Palestinian origin – Conditions under which refugee status is accorded Article 12(1)(a) of Directive 2004/83/EC. Citations: C-31/09, [2010] EUECJ C-31/09 – O Links: Bailii Statutes: Directive 2004/83/EC Cited … Continue reading Bolbol (Area Of Freedom, Security And Justice): ECJ 4 Mar 2010

A, B and C: ECJ 17 Jul 2014

ECJ (Advocate General’s Opinion) Common European Asylum System – Directive 2004/83/EC – Refugee status – Directive 2005/85/EC – Assessment of applications for international protection – Assessment of facts and circumstances – Credibility of an applicant’s averred sexual orientation Judges: Sharpston AG Citations: C-148/13, [2014] EUECJ C-148/13 – O, ECLI:EU:C:2014:2111, [2014] EUECJ C-148/13 Links: Bailii, Bailii … Continue reading A, B and C: ECJ 17 Jul 2014

MB (Internal Relocation – Burden of Proof) Albania: UTIAC 30 Jul 2019

The burden of proof remains on the appellant, where the respondent has identified the location to which it is asserted they could relocate, to prove why that location would be unduly harsh, in line with AMM and others (conflict; humanitarian crisis; returnees; FGM) Somalia CG [2011] UKUT 445 (IAC), but within that burden, the evaluation … Continue reading MB (Internal Relocation – Burden of Proof) Albania: UTIAC 30 Jul 2019

MP (Protection Subsidiaire D’Une Victime De Tortures Passees): ECJ 24 Apr 2018

ECJ Area of Freedom, Security and Justice – Judgment – Reference for a preliminary ruling – Asylum policy – Charter of Fundamental Rights of the European Union – Article 4 – Directive 2004/83/EC – Article 2(e) – Eligibility for subsidiary protection – Article 15(b) – Risk of serious harm to the psychological health of the … Continue reading MP (Protection Subsidiaire D’Une Victime De Tortures Passees): ECJ 24 Apr 2018

Elgafaji and Elgafaji v Staatssecretaris van Justitie: ECJ 17 Feb 2009

Europa (Grand Chamber) Directive 2004/83/EC – Minimum standards for determining who qualifies for refugee status or for subsidiary protection status – Person eligible for subsidiary protection Article 2(e) – Real risk of suffering serious harm – Article 15(c) -Serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations … Continue reading Elgafaji and Elgafaji v Staatssecretaris van Justitie: ECJ 17 Feb 2009

M v Minister for Justice and Equality, Ireland, Attorney General: ECJ 9 Feb 2017

(Judgment) Reference for a preliminary ruling – Area of freedom, security and justice – Directive 2004/83/EC – Minimum standards for the qualification and status of third country nationals or stateless persons as refugees – Application for subsidiary protection – Lawfulness of the national procedure for examining an application for subsidiary protection made after the rejection … Continue reading M v Minister for Justice and Equality, Ireland, Attorney General: ECJ 9 Feb 2017

Commissaire general aux refugies et aux apatrides v Lounani: ECJ 31 Jan 2017

ECJ (Judgment) Reference for a preliminary ruling – Area of freedom, security and justice – Asylum – Directive 2004/83/EC – Minimum standards for the qualification and status of third country nationals or stateless persons as refugees – Article 12(2)(c) and Article 12(3) – Exclusion from being a refugee – Concept of ‘acts contrary to the … Continue reading Commissaire general aux refugies et aux apatrides v Lounani: ECJ 31 Jan 2017

Czech Republic v Commission – T-141/15: ECFI 20 Oct 2016

ECJ (Judgment) Reference for a preliminary ruling – Directive 2004/83/EC – Minimum standards for granting refugee status or subsidiary protection status – National procedural rule laying down, for the submission of an application for subsidiary protection, a period of 15 working days from notification of the rejection of the application for asylum – Procedural autonomy … Continue reading Czech Republic v Commission – T-141/15: ECFI 20 Oct 2016

Danqua v Minister For Justice And Equality Ireland: ECJ 20 Oct 2016

ECJ Refugee Status : Subsidiary Protection Status : Judgment – Reference for a preliminary ruling – Directive 2004/83/EC – Minimum standards for granting refugee status or subsidiary protection status – National procedural rule laying down, for the submission of an application for subsidiary protection, a period of 15 working days from notification of the rejection … Continue reading Danqua v Minister For Justice And Equality Ireland: ECJ 20 Oct 2016

MP (Sri Lanka) v Secretary of State for The Home Department: SC 22 Jun 2016

The issue in this appeal is whether the appellant is entitled to ‘subsidiary protection status’ under articles 2 and 15 of EU Council Directive 2004/83/EC on the minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of … Continue reading MP (Sri Lanka) v Secretary of State for The Home Department: SC 22 Jun 2016

Shepherd v Bundesrepublik Deutschland: ECJ 26 Feb 2015

ECJ Judgment – Reference for a preliminary ruling – Area of freedom, security and justice – Asylum – Directive 2004/83/EC – Article 9(2)(b), (c), and (e) – Minimum standards for the qualification and status of third-country nationals or stateless persons as refugees – Conditions for obtaining refugee status – Acts of persecution – Criminal penalties … Continue reading Shepherd v Bundesrepublik Deutschland: ECJ 26 Feb 2015

Bundesrepublik Deutschland v Y and Z: ECJ 5 Sep 2012

ECJ (Grand Chamber) Directive 2004/83/EC – Minimum standards for determining who qualifies for refugee status or for subsidiary protection status – Article (2)(c) – Classification as a ‘refugee’ – Article 9(1) – Definition of ‘acts of persecution’ – Article 10(1)(b) – Religion as ground for persecution – Connection between the reasons for persecution and the … Continue reading Bundesrepublik Deutschland v Y and Z: ECJ 5 Sep 2012

HT v Land Baden-Wurttemberg: ECJ 11 Sep 2014

ECJ Advocate General’s Opinion – Area of freedom, security and justice – Asylum and immigration – Rules on minimum standards for the qualification and status of third-country nationals or stateless persons as refugees and the content of the protection granted – Revocation of a residence permit under Article 24(1) of Directive 2004/83/EC – Conditions – … Continue reading HT v Land Baden-Wurttemberg: ECJ 11 Sep 2014

AT and Others (Article 15C; Risk Categories) (CG): UTIAC 14 Jul 2014

UTIAC Country guidance (1) In the aftermath of the armed revolution that brought about the fall of the dictatorial and repressive regime of Colonel Qadhafi, the central government in Libya has relied on various militias to undertake security and policing functions. Those militias and the many others that operate within Libya, often have their own … Continue reading AT and Others (Article 15C; Risk Categories) (CG): UTIAC 14 Jul 2014

Mohamed M’Bodj v Cabinet: ECJ 17 Jul 2014

ECJ (Advocate General’s Opinion) (French Text) European Common Asylum System – Directive 2004/83/EC – Minimum standards for the conditions to be fulfilled by third-country nationals or stateless persons status and subsidiary protection – Third-country suffering a disability and authorized by a Member State to reside on its territory for medical reasons – Included in the … Continue reading Mohamed M’Bodj v Cabinet: ECJ 17 Jul 2014

X, Y And Z v Minister Voor Immigratie, Integratie En Asiel: ECJ 7 Nov 2013

ECJ Directive 2004/83/EC – Minimum standards relating to the conditions for granting refugee status or subsidiary protection status – Article 10(1)(d) – Membership of a particular social group – Sexual orientation – Reason for persecution – Article 9(1) – Concept of ‘persecution’ – Well-founded fear of being persecuted on account of membership of a particular … Continue reading X, Y And Z v Minister Voor Immigratie, Integratie En Asiel: ECJ 7 Nov 2013

Commission of The European Communities v Kingdom of Sweden: ECJ 14 May 2009

ECJ (Judgment Of The Court (Sixth Chamber)) Failure of a Member State to fulfil obligations – Directive 2004/83/EC – Failure to transpose within the prescribed period Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid … Continue reading Commission of The European Communities v Kingdom of Sweden: ECJ 14 May 2009

Diakite v Commissaire General Aux Refugies et aux apatrides: ECJ 30 Jan 2014

ECJ Directive 2004/83/EC – Minimum standards for granting refugee status or subsidiary protection status – Person eligible for subsidiary protection – Article 15(c) – Serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of armed conflict – ‘Internal armed conflict’ – Interpretation independent of international humanitarian law … Continue reading Diakite v Commissaire General Aux Refugies et aux apatrides: ECJ 30 Jan 2014

Bolbol (Area Of Freedom, Security And Justice): ECJ 17 Jun 2010

ECJ Directive 2004/83/EC – Minimum standards for the qualification and status of third country nationals or stateless persons as refugees – Stateless person of Palestinian origin who has not sought protection or assistance from the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) – Application for refugee status – … Continue reading Bolbol (Area Of Freedom, Security And Justice): ECJ 17 Jun 2010

X, Y And Z v Minister Voor Immigratie, Integratie En Asiel: ECJ 11 Jul 2013

ECJ Opinion – Directive 2004/83/EC – Conditions to be met by third country nationals or stateless persons claiming refugee status – Meaning of persecution – Sexual orientation Sharpston AG C-199/12, [2013] EUECJ C-199/12 Bailii Directive 2004/83/EC European Cited by: Opinion – X, Y And Z v Minister Voor Immigratie, Integratie En Asiel ECJ 7-Nov-2013 ECJ … Continue reading X, Y And Z v Minister Voor Immigratie, Integratie En Asiel: ECJ 11 Jul 2013

Ali, Regina (on The Application of) v The Secretary of State for The Home Department: Admn 9 Jan 2015

The claimant complained that the respondent when granting her a time limited leave to remain only, had by making her immigration status incompatible with that of her five children failed to comply with her obligations under the 2009 Act. The defendant had issued a supplementary decision directly addressing section 55, but the claimant said that … Continue reading Ali, Regina (on The Application of) v The Secretary of State for The Home Department: Admn 9 Jan 2015

Secretary of State for the Home Department v K, Fornah v Secretary of State for the Home Department: HL 18 Oct 2006

The claimants sought asylum, fearing persecution as members of a social group. The fear of persecution had been found to be well founded, but that persecution was seen not to arise from membership of a particular social group. Held: The appeals succeeded. In order to found such a social group, the connection between the members … Continue reading Secretary of State for the Home Department v K, Fornah v Secretary of State for the Home Department: HL 18 Oct 2006

MM v Minister for Justice, Equality and Law Reform Ireland, Attorney General: ECJ 22 Nov 2012

ECJ Reference for a preliminary ruling – Common European Asylum System – Directive 2004/83/EC – Minimum standards for qualification for refugee status or subsidiary protection status – Article 4(1), second sentence – Cooperation of the Member State with the applicant to assess the relevant elements of his application – Scope – Lawfulness of the national … Continue reading MM v Minister for Justice, Equality and Law Reform Ireland, Attorney General: ECJ 22 Nov 2012

MT (Article 1F (A) – Aiding and Abetting) Zimbabwe: UTIAC 2 Feb 2012

UTIAC In the context of exclusion under Article 1F(a) of the 1951 Refugee Convention (Article 12(2)(a) of 2004/83/EC (the Refugee Qualification Directive):i) The requirement set out at Article 7(1) of the International Criminal Court Statute (ICC Statute) that acts be ‘committed as part of a widespread or systematic attack directed against any civilian population with … Continue reading MT (Article 1F (A) – Aiding and Abetting) Zimbabwe: UTIAC 2 Feb 2012

DL (DRC) v The Entry Clearance Officer, Pretoria: CA 18 Dec 2008

The Court asked: ‘1(a) Is a person who is outside his country of origin and recognised as a refugee, and who has subsequent to that recognition taken on the nationality of the host country, still a refugee within the meaning of the 1951 Geneva Convention on the Status of Refugees?(b) If such a person does … Continue reading DL (DRC) v The Entry Clearance Officer, Pretoria: CA 18 Dec 2008

JS (Sri Lanka), Regina (on The Application of) v Secretary of State for The Home Department: SC 17 Mar 2010

The asylum seeker was accused of complicity in war crimes in Sri Lanka. He had worked as an intelligence officer but his cover had been broken and he fled to the UK. It was said that he was excluded from protection as an asylum seeker. Held: The Home Secretary’s appeal failed. Article 28 is to … Continue reading JS (Sri Lanka), Regina (on The Application of) v Secretary of State for The Home Department: SC 17 Mar 2010