Status of refugees

The new country guidance in the UK on the risk on return for followers of the Sikh and Hindu religions in Afghanistan

TG and others (Afghan Sikhs persecuted) (CG) [2015] UKUT 595 (IAC) (3 November 2015)

This case is identified as a country guidance on the risk on return for followers of the Sikh and Hindu religions in Afghanistan where the essential questions are whether the current situation in Kabul is such that they would be at risk of persecution if removed per se according to Article 9 of Directive 2004/83/EC and the Convention Relating to the Status of Refugees (the Refugee Convention) and whether the rights stated in Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) would be violated if removed. Some members of the Sikh and Hindu communities continue to suffer harassment at the hands of Muslim zealots but not all of them are at risk in Afghanistan. Whether any form of discrimination amount to persecution such as to entitle an individual to a grant of international protection is fact sensitive, and will depend upon the individual’s particular characteristics, wealth and background.

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The Luxembourg Administrative court placed Kosovo in the ”safe countries” list disabling Kosovo nationals to seek asylum

Luxembourg, Cour Administrative, Arrêt n° 34778C, 02.10.2014

International protection – List of safe countries of origin – Republic of Kosovo – Safe country of origin

The Grand-Ducal regulation of 19 June 2013 amending the Grand-Ducal regulation of 21 December 2007 establishing a list of safe countries of origin within the meaning of the amended law of 5 May 2006 relating to the right of asylum and complementary forms of protection taken under Article 21 of the above-mentioned law and the notice of the Council of State of 4 June 2013, amended the Grand-Ducal regulation of 21 December 2007 by the addition, to Article 1, paragraph 1, of the Republic of Kosovo to the list of safe countries of origin. Several persons of Kosovan origin introduced an action for annulment of this regulatory act.

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