Denmark - the Refugee Appeals Board’s decision of 16 February 2017

Country of Decision:
Country of Applicant:
Date of Decision:
16-02-2017
Court Name:
The Refugee Appeals Board
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Headnote: 

The applicant, a stateless Palestinian and a Sunni Muslim from Baghdad, had been threatened by a Shia Militia working with or for the Ministry of Interior.

Based on the coherent, logical and consistent account in accordance with the current country of origin information the Board found the applicant exposed to persecution by the authorities or persecution supported by the authorities.

The applicant was granted refugee status under the Danish Aliens Act Art. 7 (1).

Facts: 

The applicant, born in 1971, is a Stateless Palestinian and a Sunni Muslim from Baghdad, Iraq. He entered Denmark in August 2015 and applied for refugee status. He stated that he feared if he returned to Iraq he would be kidnapped and killed by Shia Militia working with or for the Ministry of Interior. The applicant also referred to the general conditions for Stateless Palestinians as the overall goal of the Authorities is to make Stateless Palestinians leave the country.

In support of his application he referred to his home being searched by the authorities several times since 2013. In June 2015, the applicant received threats from [A] who was a spy for and transmitted the threats on behalf of the Intelligence Service of the Ministry of Interior. [A] told the applicant that the Intelligence Service was collecting information about the applicant with the aim of arresting him. [A] proposed the applicant to pay an unknown man from an unknown militia to have his name cleared. The applicant never met the unknown man and left the country immediately after the threats.

The applicant was informed that five days after his departure five armed men from the Intelligence Service asked for him in the coffee shop he usually frequented. Further, his brother was detained and tortured by unknown men asking for information about the applicant.

The Danish Immigration Service rejected the asylum application in September 2016.

Decision & Reasoning: 

The account of the applicant has been established by the Refugee Appeals Board.

The board accepted the applicant’s account. The Board emphasised that the account was coherent, logical and consistent, and that it was in accordance with the current country of origin information about the conditions of the Stateless Palestinians in Baghdad, the cooperation of the authorities with the Shia Militias, and the general suspicion of the authorities towards Stateless Palestinians whom they believe support terrorist action.

The Board also rendered probable the relation between “the applicant’s conflict” and the following search by the Intelligence Service at the coffee shop and the arrest of the applicant’s brother. Therefore, the Board found the applicant at the time of his departure as being exposed  to persecution by the authorities or persecution supported by the authorities.

Consequently, the Board granted the applicant refugee status under the Danish Aliens Act Art. 7 (1).

Outcome: 

The applicant was granted refugee status under the Danish Aliens Act Art. 7 (1).