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Adjudication of asylum claims (refugee status determination / asylum procedures) / Persecution based on political opinion

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Somali Association of South Africa and Others v The Refugee Appeal Board and Others (Case no 585/2020) [2021] ZASCA 124 (23 September 2021)

23 September 2021 | Judicial Body: South Africa: Supreme Court of Appeal | Document type: Case Law | Topic(s): Burden of proof - Credibility assessment - Persecution based on political opinion - Rule of law / Due process / Procedural fairness | Countries: Somalia - South Africa

International Protection Considerations with regard to people fleeing the Syrian Arab Republic, Update VI

March 2021 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Country/Situation Specific Position Papers

Opinion of Advocate General Sharpston in Case C‑238/19 EZ v Federal Republic of Germany, represented by the Bundesamt für Migration und Flüchtlinge (Request for a preliminary ruling from the Verwaltungsgericht Hannover (Administrative Court, Hanover, Germany))

Article 9(3) of Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted is to be interpreted as meaning that there must always be a causal link between the reasons for persecution in Article 10(1) and the acts of persecution defined in Article 9(1), including in cases where an applicant for international protection seeks to rely on Article 9(2)(e) of that directive. – Where an applicant for asylum seeks to invoke Article 9(2)(e) of Directive 2011/95 as the act of persecution, reliance upon that provision does not automatically establish that the person concerned has a well-founded fear of persecution because he holds a political opinion within the meaning of Article 10(1)(e) thereof. It is for the competent national authorities, acting under the supervision of the courts, to establish whether there is a causal link for the purposes of that directive. In conducting that assessment the following factors may be relevant: whether the applicant’s home country is conducting a war; the nature and methods employed by the military authorities in such a war; the availability of country reports documenting matters such as whether recruitment for military service is by conscription; whether the status of conscientious objector is recognised under national law and, if so, the procedures for establishing such status; the treatment of those subject to conscription who refuse to perform military service; the existence or absence of alternatives to military service; and the applicant’s personal circumstances, including his age.

28 May 2020 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Legal Instrument: 2004 Qualification Directive (EU) | Topic(s): EU Qualification Directive - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution based on political opinion | Countries: Germany - Syrian Arab Republic

International Protection Considerations with Regard to People Fleeing the Republic of Iraq

May 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Country/Situation Specific Position Papers

Jailed Russian activist Ponomaryov warns of 'mass political repression'

5 December 2018 | Publisher: Radio Free Europe/Radio Liberty | Document type: Country News

Decision 201701423/1/V2

21 November 2018 | Judicial Body: Netherlands, The: Council of State (Raad van State) | Document type: Case Law | Topic(s): Gender-based persecution - Persecution based on political opinion - Religious persecution (including forced conversion) - Sexual and gender-based violence (SGBV) - Women's rights - Women-at-risk | Countries: Afghanistan - Netherlands

Russians honor victims of Stalin's terror, urge release of 'political prisoners' under Putin

29 October 2018 | Publisher: Radio Free Europe/Radio Liberty | Document type: Country News

Ethiopia: Political situation and treatment of opposition

10 October 2018 | Publisher: Danish Immigration Service | Document type: Country Reports

Freedom in the World 2018 - Maldives

5 October 2018 | Publisher: Freedom House | Document type: Annual Reports

Burundi: the Commission of Inquiry is deeply concerned by the freedom of action and the impunity of the Imbonerakure

5 September 2018 | Publisher: UN Office of the High Commissioner for Human Rights (OHCHR) | Document type: Country Reports

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