Asylum Laws Europe

Title
Description
URL
Istanbul Convention
The Council of Europe Convention on preventing and combating violence against women (‘Istanbul Convention’), which came into force in 2014, is the first legally binding international instrument on preventing and combating violence against women and girls at international level. It establishes a comprehensive framework of legal and policy measures for preventing such violence, supporting victims and punishing perpetrators. The Istanbul Convention also refers to migrants and asylum seekers.
https://www.coe.int/en/web/istanbul-convention/text-of-the-convention
EU Qualification Directive
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
https://eur-lex.europa.eu/TodayOJ
OO (gay men: risk) Algeria v. Secretary of State for the Home Department
null
https://www.refworld.org/docid/5163f5154.html
Guidelines on International Protection No. 9: Claims to Refugee Status based on Sexual Orientation and/or Gender Identity within the context of Article 1A(2) of the 1951 Convention and/or its 1967 Protocol relating to the Status of Refugees
Guidelines on International Protection No. 9: Claims to Refugee Status based on Sexual Orientation and/or Gender Identity within the context of Article 1A(2) of the 1951 Convention and/or its 1967 Protocol relating to the Status of Refugees
https://www.unhcr.org/509136ca9.pdf
UK - Supreme Court, 7 July 2010, HJ (Iran) v Secretary of State for the Home Department [2010] UKSC 31
The UK Supreme Court allowed the appeal on the basis that, firstly, it was not in dispute that homosexuals are members of a particular social group being defined by the immutable characteristic of their sexuality. Further, to compel a homosexual person to pretend that their sexuality does not exist, or that the behaviour by which it manifests itself can be suppressed, is to deny the fundamental right to be who he or she is. Persecution includes death, torture or imprisonment. The 1951 Convention would not provide protection to those who faced discrimination on the grounds of sexual orientation or who face disapproval from their family or society. However, one of the purposes of the Convention is to counteract discrimination and it does not permit or envisage applicants being returned to their country ‘on condition’ that they take steps to avoid offending their persecutors. Persecution does not cease to be persecution if the person persecuted can eliminate the harm by taking avoiding action. Therefore, the Court of Appeal’s test of “reasonable tolerability” was incorrect.
http://www.asylumlawdatabase.eu/en/case-law/uk-supreme-court-7-july-2010-hj-iran-v-secretary-state-home-department-2010-uksc-31
CJEU: Judgment in case C-473/16 F, 25 January 2018
The Court of Justice of the EU ruling in the case of F in 2018: On 25 January 2018, the Court of Justice of the European Union ruled in case C-473/16 F. The main proceedings concern a Nigerian national whose asylum application was rejected at first instance by the Hungarian authorities on the basis of an expert’s report prepared by a psychologist indicating that his homosexuality could not be confirmed via different tests. Seized on appeal, the Administrative and Labour Court of Szeged decided to stay the proceedings and to ask the CJEU’s guidance regarding the possibility to rely on psychologists’ expert opinions for assessing the credibility of asylum seekers fearing persecution on account of their sexual orientation. The CJEU ruled that expert reports enabling the national authorities to better assess an application for international protection must be consistent with the fundamental rights guaranteed by the Charter of Fundamental Rights of the European Union, such as the right to respect for human dignity and the right to respect for private and family life. Accordingly, certain forms of expert reports may prove useful for the assessment of the facts and circumstances set out in the application and may be prepared without prejudicing the fundamental rights of the asylum seeker. However, a determining authority cannot base its decision solely on the conclusions of an expert’s report and cannot be bound by the report’s conclusion.
http://www.asylumlawdatabase.eu/en/content/cjeu-judgment-case-c-47316-f-25-january-2018
Joined cases A (C-148/13), B (C-149/13), C (C-150/13) v Staatssecretaris van Veiligheid en Justitie
Court of Justice of the EU ruling of 2014 in the case of A,B,C (confirming that an applicant’s sexual orientation must not infringe their fundamental human rights and condemned the use of ‘tests’ and stereotypes in assessing the request for asylum). It also states that non-revealing of their sexuality at the first instance is not grounds for rejection.
http://www.equalrightstrust.org/ertdocumentbank/Case%20summary%20-%20CJEU%20Preliminary%20ruling%20%27Homosexuality%20test%27.pdf
CJEU judgment in C-199/12, C 200/12 and C 201/12, X, Y and Z, 7 November 2013
The Court of Justice of the EU ruling of 2013 in the case of X, Y, and Z Court ruled that ‘a person’s sexual orientation is a characteristic so fundamental to his identity that he should not be forced to renounce it’ [46]. As to (b), the court saw the condition as met by virtue of ‘the existence of criminal laws … which specifically target homosexuals’. The court states that ‘requiring members of a social group sharing the same sexual orientation to conceal that orientation is incompatible with the recognition of a characteristic so fundamental to a person’s identity that the persons concerned cannot be required to renounce it’ [70]. In addition, ‘the fact that [the Applicant] could avoid the risk by exercising greater restraint than a heterosexual in expressing his sexual orientation is not to be taken into account’
http://www.asylumlawdatabase.eu/en/content/cjeu-judgment-c-19912-c-20012-and-c-20112-x-y-and-z-7-november-2013
European Union Directive On Gender Identity As Grounds For Asylum
In 2011, the European Union adopted the recast of the Qualification Directive which recognizes prosecution based on sexual orientation and gender identity as grounds for asylum. Article 10(1)(d) of the directive states that “gender-related aspects, including gender identity and sexual orientation, shall be given due consideration for the purposes of determining membership of a particular social group or identifying a characteristic of such a group”.
https://www.ecre.org/wp-content/uploads/2016/07/ECRE-Information-Note-on-the-Qualification-Directive-recast_October-2013.pdf
O.M. v. Hungary
The European Court of Human Rights decides on the detention of asylum seekers in the case of an Iranian refugee who entered Hungary illegally and subsequently sought asylum. He was detained by the Hungarian Government die to the risk of abscondering. The European Court of Human Rights decides that this was an arbitrary arrest.
https://www.refworld.org/docid/577b7dcf4.html
Yogyakarta Principles
Principles on the application of international human rights law in relation to sexual orientation and gender identity
https://www.refworld.org/docid/48244e602.html
Cartagena Declaration on Refugees
Cartagena Declaration on Refugees. The Cartagena Declaration on Refugees is a non-binding agreement which was adopted by the Colloquium on the International Protection of Refugees in Latin America, Mexico and Panama, held at Cartagena, Colombia from 19-22 November 1984.
https://www.oas.org/dil/1984_cartagena_declaration_on_refugees.pdf
1969 Organization of African Unity Convention
Concerns the constantly increasing numbers of refugees in Africa and desirous of finding ways and means of alleviating their misery and suffering as well as providing them with a better life and future.
http://www.achpr.org/files/instruments/refugee-convention/achpr_instr_conv_refug_eng.pdf
1967 Protocol Relating to the Status of Refugees
The Protocol Relating to the Status of Refugees is a key treaty in international refugee law. It entered into force on 4 October 1967, and 146 countries are parties.
https://www.refworld.org/docid/3ae6b3ae4.html
1951 Refugee Convention
The Convention Relating to the Status of Refugees, also known as the 1951 Refugee Convention, is a United Nations multilateral treaty that defines who is a refugee, and sets out the rights of individuals who are granted asylum and the responsibilities of nations that grant asylum.
https://www.refworld.org/docid/3be01b964.html
European Convention of Human Rights;
The European Convention on Human Rights is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953.
https://www.echr.coe.int/Documents/Convention_ENG.pdf
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