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ASYLUM | FORCED MARRIAGE | GUINEA-BISSAU | FULA ETHNIC GROUP | ISLAMIC FAITH

 

Central Administrative Court South, proc. 07157/11, 24.02.2011

 

JURISDICTION: Administrative

SUBJECT: Asylum application

RAPPORTEUR: Teresa de Sousa

RULING: Grants the appeal, overturning the appealed judgment, and upholds the action, annulling the contested act and ordering the appealed party (through the Foreigners and Borders Service) to assess and decide on the application for asylum or residence on humanitarian grounds, with the necessary steps based on objective and reliable evidence.

DOMESTIC LAW:

Law No. 27/2008, of 30 June 2008 [Articles 2(1)(j), 18, 84]

Decreto-Lei n.º 27/2008, de 30 de junho (artigo 18.º)

Code of Administrative Procedure (Article 87)

Code of Civil Procedure [Articles 659, 668(1)]

Code of Procedure for the Administrative Courts [Article 71(2)]

INTERNATIONAL LAW:

UNHCR Handbook on Procedures and Criteria for Determining Refugee Status (§ 196)

FOREIGN LAW: n.a.

EXTRA-LEGAL SOURCES: n.a.

KEYWORDS: Asylum; burden of proof; forensic exams; deficient procedural inquest; controverted and uncertain facts; refugee status; foreigners; stateless persons; race; religion; nationality; membership of a particular social group; state of nationality or of habitual residence; severe physical abuse at the hands of the boyfriend; information available on the country of origin; forced marriage; physical and sexual violence against women; Guinean state; asylum application; systematic violation of women’s rights; Guinea-Bissau; news media from all over the world; local traditions; marriage arranged by the father; alleged “honour”; border checkpoint at Lisbon airport; Guinean passport; Portuguese residence permit; Foreigners and Borders Service; international area of the border checkpoint; Portuguese Council for Refugees; national of Guinea-Bissau; documents’ authenticity; fake passport; someone else’s residence permit; Fula ethnic group; Islamic faith; ancient tradition in the Muslim community; promised in marriage by the father; women’s rights’ NGOs operating in the country; Lusa news agency; forced marriage of young girls; ingrained ancient practice; Guinea-Bissau’s animist ethnic groups; Balantas; Papéis; Guinean youths; refuge in churches; Evangelic Church; US Department of State Report; national and international human rights groups; International Committee of the Red Cross; local NGOs; programmes to fight child marriages and to protect the victims; age group of adolescents and youths targeted by the practice; national citizen; economic difficulties; benefit of the doubt; unfounded and fraudulent asylum application; residence permit on humanitarian grounds; systematic violation of human rights; false information; situation in the applicant’s country of origin; Interview to Establish the Status of Refugee; custom in the Muslim community of Guinea Bissau; virgin; language; hearing of Guinean citizen; specific social group; certain regions (mostly rural) of Guinea Bissau; social group with certain common characteristics; vulnerability to the weight of tradition and religion in forced marriages and marriages arranged by the families; urban environment where traditional practices of forced marriages are not so ingrained; schooling; visible physical marks; informal talk

COMMENTS: Coming soon.

REFERENCES IN THE LITERATURE:

JERÓNIMO, Patrícia, “Intolerância, integração e acomodação jurídica das minorias islâmicas na Europa – os desafios postos à prática judicial” [Intolerance, integration and accommodation of Muslims in Europe – challenges to court practice], in Paulo Pulido Adragão et al. (eds.), Atas do II Colóquio Luso-Italiano sobre Liberdade Religiosa, Porto, FDUP, 2017, pp. 59-100.

 

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Posted inASYLUM FORCED MARRIAGE FULA ETHNIC GROUP GUINEA-BISSAU MUSLIM RELIGION
TagsLusa News Agency Alleged “Honour” Stateless Asylum Hearing of Guinean Citizen Documents' Authenticity Someone Else's Residence Permit Residence Permit on Humanitarian Grounds Portuguese Residence Permit Balantas Benefit of the Doubt Marriage Arranged by the Father Forced Marriage Forced Marriage of Young Girls Certain Regions (Mostly Rural) of Guinea Bissau National Citizen International Committee of the Red Cross Portuguese Council For Refugees Informal Talk Custom in the Muslim Community of Guinea Bissau Deficient Procedural Inquest Economic Difficulties Interview to Establish the Status of Refugee Schooling State of Nationality or of Habitual Residence Guinean State Refugee Status Foreigners Fula Ethnic Group Guinea-Bissau's Animist Ethnic Groups Controverted and Uncertain Facts Age Group of Adolescents and Youths Targeted by the Practice Severe Physical Abuse at the Hands of the Boyfriend Social Group With Certain Common Characteristics Specific Social Group National and International Human Rights Groups Guinea-Bissau Evangelic Church Information Available on the Country of Origin False Information Membership of a Particular Social Group Guinean Youths Language Urban Environment Where Traditional Practices of Forced Marriages Are Not So Ingrained News Media From All Over the World National of Guinea-Bissau Nationality Women's Rights' NGOS Operating in the Country Local NGOS Burden of Proof Papers Fake Passport Guinean Passport Asylum Application Unfounded and Fraudulent Asylum Application Forensic Exams Border Checkpoint at Lisbon Airport Ingrained Ancient Practice Programmes to Fight Child Marriages and to Protect the Victims Promised in Marriage by the Father Race Refuge in Churches US Department of State Report Religion Muslim Religion Visible Physical Marks Foreigners and Borders Service Systematic Violation of Women's Rights Systematic Violation of Human Rights Situation in the Applicant's Country of Origin Ancient Tradition in the Muslim Community Local Traditions Physical and Sexual Violence Against Women Virgin Vulnerability to the Weight of Tradition and Religion in Forced Marriages and Marriages Arranged by the Families International Area of the Border Checkpoint