Case Law

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

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 | 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

28 June 2017 | Judicial Body: Germany: Verwaltungsgericht | Legal Instrument: 1951 Refugee Convention | Topic(s): Freedom from torture, inhuman and degrading treatment - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Palestinian - Persecution based on political opinion - Refugee status determination (RSD) / Asylum procedures - Torture | Countries: Germany - Palestine, State of

http://www.asylumlawdatabase.eu/en/content/ecthr-na-v-switzerland-no-5036414-ai-v-switzerland-no-2337815-articles-2-and-3-30-may-2017

30 May 2017 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Expulsion - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion - Refoulement - Right to life | Countries: Sudan - Switzerland

http://www.asylumlawdatabase.eu/en/content/ecthr-na-v-switzerland-no-5036414-ai-v-switzerland-no-2337815-articles-2-and-3-30-may-2017

30 May 2017 | Judicial Body: Council of Europe | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Expulsion - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion - Refoulement - Right to life | Countries: Sudan - Switzerland

The case concerns the validity of a decision to reject an asylum application pursuant to the Immigration Act section 28 subsection 4. The provision applies to asylum seekers who need protection because of their acts in Norway, and implies that such applicants may not be recognised as refugees if the main purpose of their acts has been to obtain a residence permit. For the Supreme Court, the question is whether this exemption is consistent with the Refugee Convention of 28 July 1951 Article 1 A.

17 March 2017 | Judicial Body: Norway: Supreme Court | Topic(s): Persecution based on political opinion - Refugees sur place - Sur place persecution | Countries: Ethiopia - Norway

13 March 2017 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Country of origin information (COI) - Credibility assessment - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Persecution based on political opinion | Countries: Sri Lanka - United Kingdom of Great Britain and Northern Ireland

13 March 2017 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Country of origin information (COI) - Credibility assessment - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Persecution based on political opinion | Countries: Sri Lanka - United Kingdom of Great Britain and Northern Ireland