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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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Refugee Appeal Nos. 76559, 76560 & 76561

8 November 2010 | Judicial Body: New Zealand: Refugee Status Appeals Authority | Topic(s): Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Kurd - Non-state agents of persecution - Persecution based on political opinion - Persecution of family members - Racial / Ethnic persecution - Social group persecution | Countries: New Zealand - Turkey

Refugee Appeal No. 76417

21 January 2010 | Judicial Body: New Zealand: Refugee Status Appeals Authority | Topic(s): Country of origin information (COI) - Kurd - Non-state agents of persecution - Persecution based on political opinion | Countries: Iraq - New Zealand

Application No. 76138

An application pursuant to s129L of the Immigration Act 1987 to cease to recognise a person as a refugee.

23 September 2008 | Judicial Body: New Zealand: Refugee Status Appeals Authority | Topic(s): Cessation clauses - Evidence (including age and language assessments / medico-legal reports) - Kurd - Passports - Persecution based on political opinion | Countries: New Zealand - Turkey

Refugee Appeal No. 76044

The Refugee Status Appeals Authority reaffirmed in this decision New Zealand jurisprudence on the internal protection alternative, holding that even were it free to do so, it would not follow the decisions of the House of Lords in Januzi v Secretary of State for the Home Department [2006] 2 AC 426 and AH (Sudan) v Secretary of State for the Home Department [2007] 3 WLR 832 which facilitate the withholding of recognition of refugee status. The Authority emphasized that such withholding of recognition can only occur in a highly limited class of case where (a) the proposed internal protection alternative is accessible to the individual. This requires that the access be practical, safe and legal; (b) in the proposed site of internal protection there is no risk of being persecuted for a Convention reason; (c) in the proposed site of internal protection there are no new risks of being persecuted or of being exposed to other forms of serious harm or of refoulement; and finally, (d) in the proposed site of internal protection basic norms of civil, political and socio-economic rights will be provided by the State. The Authority has also declined to follow the two recent decisions of the High Court of Australia in SZATV v Minister for Immigration and Citizenship (2007) 237 ALR 634 and SZFDV v Minister for Immigration and Citizenship (2007) 237 ALR 660. In these two decisions the "protection" element of the refugee definition in Article 1A(2) was interpreted as "diplomatic protection".

In this decision, addressing honour killings in Turkey, the Authority also held that the political opinion ground was the most appropriate Convention ground on which the claim succeeded. The Authority has made important observations about gender in the context of the political opinion ground and the need for that ground to receive a gender-sensitive interpretation. It concluded that "honour" enforces rigid control by men over women and their sexuality. It is about policing community norms and codes of behaviour, collective decisions and acts of punishment. Ultimately, it is about the distribution and exercise of power in Turkish society. The observance of honour reflects the gendered inequality of power in that society. In the specific context the Authority was satisfied that the claimant's assertion of her right to life and of her right to control her life and her challenge to inequality and the structures of power which support it, was plainly "political" as that term is used in the Refugee Convention.

11 September 2008 | Judicial Body: New Zealand: Refugee Status Appeals Authority | Topic(s): Blood feuds - Country of origin information (COI) - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Kurd - Persecution based on political opinion - Social group persecution - State protection - Well-founded fear of persecution | Countries: New Zealand - Turkey

Refugee Appeal No. 76094

This is an abridged version of the decision. Some particulars have been removed from or summarised in the decision pursuant to s129T of the [New Zealand] Immigration Act 1987. Where this has occurred, it is indicated by square brackets.

30 June 2008 | Judicial Body: New Zealand: Refugee Status Appeals Authority | Topic(s): Arbitrary arrest and detention - Country of origin information (COI) - Kurd - Passports - Persecution based on political opinion - Racial / Ethnic persecution - Unlawful departure | Countries: New Zealand - Syrian Arab Republic

Refugee Appeal No. 76188

28 May 2008 | Judicial Body: New Zealand: Refugee Status Appeals Authority | Topic(s): Arbitrary arrest and detention - Country of origin information (COI) - Freedom from torture, inhuman and degrading treatment - Kurd - Passports - Persecution based on political opinion | Countries: Iran, Islamic Republic of - New Zealand

Refugee Appeal No. 75999

26 March 2007 | Judicial Body: New Zealand: Refugee Status Appeals Authority | Topic(s): Country of origin information (COI) - Credibility assessment - Discrimination based on race, nationality, ethnicity - Evidence (including age and language assessments / medico-legal reports) - Kurd - Persecution based on political opinion - Right to education - Witnesses | Countries: Iran, Islamic Republic of - New Zealand

Refugee Appeal No. 75779

10 May 2006 | Judicial Body: New Zealand: Refugee Status Appeals Authority | Topic(s): Country of origin information (COI) - Kurd - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Racial / Ethnic persecution | Countries: New Zealand - Syrian Arab Republic

Refugee Appeal No. 75378

19 October 2005 | Judicial Body: New Zealand: Refugee Status Appeals Authority | Topic(s): Arbitrary arrest and detention - Country of origin information (COI) - Freedom from torture, inhuman and degrading treatment - Kurd - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution based on political opinion | Countries: New Zealand - Turkey

Refugee Appeal No. 75248

19 May 2005 | Judicial Body: New Zealand: Refugee Status Appeals Authority | Topic(s): Arbitrary arrest and detention - Christian - Country of origin information (COI) - Freedom from torture, inhuman and degrading treatment - Kurd - Persecution based on political opinion - Religious persecution (including forced conversion) | Countries: Iraq - New Zealand

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