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ASYLUM | SUBSIDIARY PROTECTION | MEMBERSHIP OF BAMILEKE ETHNIC GROUP | DISCRIMINATION BASED ON GENDER

 

Central Administrative Court South, proc. 707/18.6BELSB, 06.09.2018

 

JURISDICTION: Administrative

SUBJECT: Application for international protection

RAPPORTEUR: Ana Celeste Carvalho

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 which held that the application for asylum and subsidiary protection was unfounded.

DOMESTIC LAW:

Portuguese Constitution [Article 8(1)]

Asylum Act – Law No. 27/2008, of 30 June 2008, amended by Law No. 26/2014, of 5 May 2014 [Articles 2(1), 3, 5, 6, 7, 84]

Code of Procedure for the Administrative Courts (Articles 111, 140, 146)

Code of Civil Procedure [Articles 195, 199(1), 635(4), 639, 663(7)]

Central Administrative Court South judgment, proc. 10920/14, 20.03.2014

INTERNATIONAL LAW:

Universal Declaration of Human Rights (Article 14)

Geneva Convention of 28 July 1951 (Article 33)

New York Protocol of 31 January 1967

EU Charter of Fundamental Rights (Article 18)

Council Directive 2004/83/EC, of 29 April 2004, on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted

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

UNHCR Handbook on Procedures (§§ 195, 196)

FOREIGN LAW: n.a.

EXTRA-LEGAL SOURCES: n.a.

KEYWORDS: Asylum; subsidiary protection; membership of Bamileke ethnic group; group characteristics; international protection; generic and inconsistent statements; Cameroon; race; religion; nationality; membership of a particular social group; country of origin; Foreigners and Borders Service; curse; divorced woman; culture; ritual; persecution by her own family; tribal rituals of forgiveness and purification; pastor; reality of women in Cameroon; beliefs; applicant’s deposition; distinctive feature; forced marriages; discrimination based on gender; traditions; average man; common sense; refugee status; alleged demonic cult; healer; Nigeria; Morocco; right to asylum; benefit of the doubt; unemployment; strictly personal reasons; residence permit on humanitarian grounds; non-refoulement; Portuguese Council for Refugees; Mauritius passport; forged document; identity theft; denial of entry into national territory; ethnic organisation; African countries; utterly implausible; purification session; fake identity; African territory; African continent; persecuted by members of the cult; membership of a certain ethnic group; native of a certain country; access to higher education; access to the labour market; broad concept of agents of persecution; complaint lodged with the police; burden of proof; likelihood criterion; persecution based on gender; person truly in need of international protection; persecution due to her status as divorced woman; higher education degree

COMMENTS: Coming soon.

REFERENCES IN THE LITERATURE: n.a.    

 

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Posted inASYLUM DISCRIMINATION BASED ON GENDER MEMBERSHIP OF BAMILEKE ETHNIC GROUP SUBSIDIARY PROTECTION
TagsAccess to Higher Education Access to the Labour Market Asylum Residence Permit on Humanitarian Grounds Benefit of the Doubt Common Sense Cameroon Distinctive Feature Group Characteristics Forced Marriages Broad Concept of Agents of Persecution Portuguese Council For Refugees African Continent Beliefs Likelihood Criterion Culture Healer Applicant's Deposition Right To Asylum Discrimination Based on Gender Forged Document Refugee Status Average Man Fake Identity Membership of a Particular Social Group Curse Morocco Strictly Personal Reasons Divorced Woman Nationality Native of a Certain Country Nigeria Burden of Proof Ethnic Organisation Country of Origin African Countries Mauritius Passport Pastor Persecution by Her Own Family Persecution Due to Her Status as Divorced Woman Persecution Based on Gender Persecuted by Members of the Cult Membership of Bamileke Ethnic Group Membership of a Certain Ethnic Group Person Truly in Need of International Protection Principle of Non-Refoulement International Protection Subsidiary Protection Complaint Lodged With the Police Race Reality of Women in Cameroon Denial of Entry Into National Territory Generic and Inconsistent Statements Religion Tribal Rituals of Forgiveness and Purification Ritual Foreigners and Borders Service Purification Session Unemployment Alleged Demonic Cult African Territory Higher Education Degree Utterly Implausible Traditions Identity Theft