Search Results for: Qualification Directive 2004/83/EC

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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

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

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

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

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

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

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

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

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

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

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

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

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