Political and security situation / Internal armed conflict

On 26 December 2019, the Supreme Court issued a decision in a case concerning the registration of the fact of death having occurred in Donetsk NGCA. The application was submitted along with the claim for the accumulated pension debt of a deceased husband. There was no decision regarding the accumulated pension debt, since the first step concerned registration of the fact of death that occurred in the NGCA and exemption from the court fee. In its decision the Supreme Court interprets a complex legal rule which regulates the exemption from court fees in cases establishing legal facts (birth, death, marriage etc.) “that were submitted to the court in connection with armed aggression, armed conflict, temporary occupation and resulted in internal displacement, wounds, captivity or violated property rights”. The Court insisted that such exemption should be granted only if an application is submitted in relation to an armed conflict (e.g. death due to shelling or wounds), while in the present case recognition of the fact of death is related to the issue of pension. In addition to this, the Court stated that in cases related to the registration of the fact of death of those who went missing or dead during the ATO/JFO but on reasons not directly related to hostilities, the applicants are obliged to pay court fees, but may request their reimbursement.

20 November 2019 | Judicial Body: Ukraine: Supreme Court | Topic(s): Internal armed conflict - Ukrainians | Countries: Ukraine

situation in region and Kabul is likely to be qualified as situation of indiscriminate violence resulting from an internal armed conflict in light of subsidiary protection. In these conditions, the prefect had erred in applying the law by deciding that, instead of authorising to register the application in France, the applicant be transferred to Finland where this country had already rejected the asylum application, expelled and issue an entry ban against the applicant.

13 March 2018 | Judicial Body: France: Cour administrative | Legal Instrument: 1951 Refugee Convention | Topic(s): Generalized violence - Internal armed conflict - Refoulement | Countries: Afghanistan - Finland - France

i) Is the Appellant at risk under Article 15(c) if returned to Libya? ii) If Article 15(c) does apply, can the Appellant relocate to, and reasonably be expected to stay in, another part of the country in which he would not face such a risk? (humanitarian protection) Replaces AT & others (Article 15(c); risk categories) Libya CG [2014] UKUT 00318 (IAC) in respect of the assessment of the art 15(c) risk

29 June 2017 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Complementary forms of protection - Country of origin information (COI) - Generalized violence - Internal armed conflict | Countries: Libya - United Kingdom of Great Britain and Northern Ireland

30 October 2015 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Armed groups / Militias / Paramilitary forces / Resistance movements - Deportation / Forcible return - Generalized violence - Internal armed conflict - Security situation | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

5 August 2014 | Judicial Body: United States Court of Appeals for the Second Circuit | Topic(s): Internal armed conflict - Persecution based on political opinion | Countries: Nepal - United States of America

4 April 2014 | Judicial Body: Belgium: Conseil du Contentieux des Etrangers | Topic(s): 1951 Refugee Convention - Internal armed conflict - Refugee status determination (RSD) / Asylum procedures | Countries: Belgium - Syrian Arab Republic

30 January 2014 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Internal armed conflict - International armed conflict - International humanitarian law (IHL) / Geneva Conventions | Countries: Belgium

23 October 2013 | Judicial Body: Belgium: Conseil du Contentieux des Etrangers | Topic(s): Complementary forms of protection - Conflict situation - Internal armed conflict - Regional instruments | Countries: Belgium - Central African Republic

18 July 2013 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Internal armed conflict - International armed conflict - International humanitarian law (IHL) / Geneva Conventions | Countries: Belgium

10 October 2012 | Judicial Body: Colombia: Corte Constitucional | Topic(s): Internal armed conflict | Countries: Colombia