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ASYLUM | NIGERIA | BENIN ETHNIC GROUP | CHRISTIAN FAITH | FORCED MARRIAGES | MARRIAGE WITH MUSLIM

 

Central Administrative Court South, proc. 09498/12, 21.02.2013

 

JURISDICTION: Administrative

SUBJECT: Asylum application

RAPPORTEUR: Paulo Pereira Gouveia

RULING: Rejects the appeal and confirms the lower court ruling which had dismissed the appeal against the decision by the National Director of the Foreigners and Borders Service to reject the asylum application lodged by the appellant.

DOMESTIC LAW:

Portuguese Constitution [Article 33(8)]

Civil Code (Article 342)

Asylum Act – Law No. 27/2008, of 30 June 2008 [Articles 2, 3, 7, 9, 15, 18, 28(1), 84]

Code of Administrative Procedure (Article 87)

Code of Procedure for the Administrative Courts [Articles 90, 95(2)]

Code of Civil Procedure [Article 660(2)]

Supreme Administrative Court judgment, proc. 0996/03, 01.07.2004

Supreme Administrative Court judgment, proc. 0159/11, 15.11.2012

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

Central Administrative Court South judgment, proc. 09098/12, 04.10.2012

INTERNATIONAL LAW:

Universal Declaration of Human Rights (Article 14)

Geneva Convention on the Status of Refugees, of 28 July 1951 (Articles 1-A, 33)

New York Protocol of 31 January 1967

European Convention on Human Rights (Article 3)

EU Charter of Fundamental Rights [Article 19(2)]

FOREIGN LAW: n.a.

EXTRA-LEGAL SOURCES: n.a.

KEYWORDS: Asylum; right to asylum, credibility test; political asylum; refugee law; massive flows of displaced populations; Institute of International Law; territorial sovereignty; foreign citizens; stateless persons; country of origin; benefit of the doubt; burden of proof; lack of evidence; personal documents; Nigeria; Foreigners and Borders Service; border checkpoint at Lisbon International Airport; Bissau; valid ID; asylum application on humanitarian grounds; Benin ethnic group; Christian faith; Nigeria passport; forged document; Swedish residence permit; Benin; Burkina Faso; Mali; refugee status; state of nationality; women married against their will; practice in some regions of Nigeria; social group with certain common characteristics; vulnerability to the weight of tradition and religion; forced marriages; marriages arranged between families; Muslim man; Guinea-Bissau; Guinea-Conakry; Senegal; fear of ill-treatment; Church; human right organisations; Western Africa; objective reality in the country; applicant’s geographic mobility in Nigeria and neighbouring countries; country’s geographic size and number of inhabitants; systematic human rights violations; residence permit on humanitarian grounds; history of violence against women; domestic violence; large emigration push towards Europe; economic reasons; persecution due to religion; racial situation; religious beliefs; medieval sanctuaries; foreign country; procedure for assessment of the quality of refugee; obligation to grant asylum; entitlement to stay in the territory of the state of refuge; special status for refugees; limits to removal of foreigners from national territory; UNHCR; case law of the European Court of Human Rights; principle of non-refoulement; question of personal, cultural and family customs; objective assessment of the situation in the country of origin; countries with authoritarian or violent governments

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 MARRIAGE WITH MUSLIM FORCED MARRIAGE BENIN ETHNIC GROUP NIGERIA CHRISTIAN FAITH
TagsUNHCR Western Africa Stateless Asylum Political Asylum Residence Permit on Humanitarian Grounds Swedish Residence Permit Avaliação Objetiva da Situação no País de Origem Benefit of the Doubt Benin Bissau Burkina Faso Marriages Arranged Between Families Forced Marriages Foreign Citizens Religious Convictions Country's Geographic Size and Number of Inhabitants Right To Asylum Refugee Law Entitlement to Stay in the Territory of the State of Refuge Valid ID Forged Document Personal Documents State of Nationality Refugee Status Special Status For Refugees Benin Ethnic Group Lack of Evidence Massive Flows of Displaced Populations Applicant's Geographic Mobility in Nigeria and Neighbouring Countries Social Group With Certain Common Characteristics Guinea-Conakry Guinea-Bissau History of Violence Against Women Muslim Man Church Instituto de Direito Internacional Case Law of the European Court of Human Rights Limits to Removal of Foreigners From National Territory Mali Women Married Against Their Will Nigeria Obligation to Grant Asylum Burden of Proof Human Right Organisations Country of Origin Foreign Country Countries With Authoritarian or Violent Governments Nigeria Passport Asylum Application on Humanitarian Grounds Persecution Due to Religion Border Checkpoint at Lisbon International Airport Practice in Some Regions of Nigeria Large Emigration Push Towards Europe Principle of Non-Refoulement Procedure For Assessment of the Quality of Refugee Question of Personal Cultural and Family Customs Economic Reasons Objective Reality in the Country Fear of Ill-Treatment Christian Faith Medieval Sanctuaries Senegal Foreigners and Borders Service Systematic Human Rights Violations Racial Situation Territorial Sovereignty Credibility Test Domestic Violence Vulnerability to the Weight of Tradition and Religion