Case Law

The Committee makes the following recommendations to the State party: (a) Concerning the author of the communication and her daughters: (i) Reopen their asylum case, taking into account the Committee’s views; (ii) Refrain from forcibly returning them to Jordan, where they would be exposed to a real, personal and foreseeable risk of severe forms of gender-based violence. (b) General: (i) Take all measures necessary to ensure that victims of gender-based forms of persecution who are in need of protection, regardless of their status or residence, are not returned under any circumstance to any country in which their life would be at risk or where they might be subjected to gender-based violence or to torture or ill-treatment; (ii) Ensure that the threshold for accepting asylum applications is measured not against the probability but against the reasonable likelihood that the claimant has a well-founded fear of persecution or that she would be exposed to persecution upon her return; (iii) Ensure that women asylum seekers have timely information on the importance of the first interview and what constitutes relevant information in that context; (iv) Ensure that, whenever necessary, examiners use all the means at their disposal to produce and/or verify the necessary evidence in support of the application, including by seeking and gathering information from reliable governmental and non-governmental sources on human rights in the country of origin, in particular relating to the situation of women and girls, and taking all necessary measures in that regard; (v) Ensure, when interpreting all legally recognized grounds for asylum, the classification of claims for asylum on the basis of gender under the grounds of membership of a particular social group, where necessary, and consider adding sex and/or gender and other status to the list of grounds for refugee status in national asylum legislation;

15 July 2019 | Judicial Body: UN Committee on the Elimination of Discrimination Against Women (CEDAW) | Legal Instrument: 1979 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) | Topic(s): Domestic violence - Forced marriage - Gender-based persecution - Women's rights | Countries: Denmark - Jordan - Palestine, State of

whether acts may be sufficient to satisfy the threshold for exclusion from the Convention under Article 1F(c), where those acts were neither themselves completed or attempted terrorist acts, nor can they be shown to have led to specific completed or attempted terrorist acts by others.

26 April 2018 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Legal Instrument: 1951 Refugee Convention | Topic(s): Acts contrary to the purposes and principles of the United Nations - Exclusion clauses | Countries: Egypt - Jordan - United Kingdom of Great Britain and Northern Ireland

3 August 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): Credibility assessment - Freedom of religion - Right to education - Right to employment | Countries: Australia - Jordan

28 April 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): 1951 Refugee Convention - Arbitrary arrest and detention - Credibility assessment - Forced marriage - Physical harm - Religious persecution (including forced conversion) | Countries: Australia - Jordan

6 November 2014 | Judicial Body: United Kingdom: Court of Session (Scotland) | Topic(s): Arbitrary arrest and detention - Deportation / Forcible return - False documents - Palestinian - Prison or detention conditions | Countries: Jordan - United Kingdom of Great Britain and Northern Ireland

12 May 2014 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Persecution based on political opinion | Countries: Australia - Jordan

5 December 2013 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Discrimination based on race, nationality, ethnicity - Palestinian - Statelessness | Countries: Australia - Jordan

29 July 2013 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Credibility assessment - Discrimination based on race, nationality, ethnicity - Freedom of speech - Palestinian - Persecution based on political opinion - Protests / Demonstrations / Riots / Civil unrest | Countries: Australia - Jordan - Palestine, State of

24 May 2013 | Judicial Body: France: Cour nationale du droit d'asile | Countries: France - Jordan - Palestine, State of

14 January 2013 | Judicial Body: Australia: Refugee Review Tribunal | Countries: Australia - Iraq - Jordan