Denmark - the Refugee Appeals Board’s decision of 25 May 2018

Country of Decision:
Country of Applicant:
Date of Decision:
25-05-2018
Court Name:
The Refugee Appeals Board
National / Other Legislative Provisions:
Denmark - The Danish Aliens Act Art. 7 (1)
Denmark - The Danish Aliens Act Art. 7 (2)
Denmark - The Danish Aliens Act Art. 7 (3)
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Headnote: 

The complainant, an Ethnic Maktumin Stateless Kurd from Amuda, Al-Hasakah, Syria, was granted temporary protection under the Danish Aliens Act Art. 7 (3).

On 31 August 2017 the complainant lodged a complaint claiming refugee status under the Danish Aliens Act Art. 7 (1) or alternatively subsidiary protection under the Danish Aliens Act Art. 7 (2).

The Board found that the complainant fulfilled the conditions for subsidiary protection under the Danish Aliens Act Art. 7 (2) as he would risk participating in acts of war during the compulsory military service.

Facts: 

The complainant, born in 1991, is an Ethnic Maktumin Stateless Kurd from Amuda, Al-Hasakah, Syria. He entered Denmark in October 2015 and in December 2015 he was granted temporary protection under the Danish Aliens Act Art. 7 (3).

On 31 August 2017 the complainant lodged a complaint claiming refugee status under the Danish Aliens Act Art. 7 (1) or alternatively subsidiary protection under the Danish Aliens Act Art. 7 (2).

In support of the complaint he informed that he feared if returned to Syria as stateless he would have no rights. Further, he feared being forcibly recruited to the YPG and the PKK. Since the complainant left Syria his parents have been visited three times by the PKK asking where the complainant and his brothers were located. The complainant explained that his village Amuda is small and the complainant’s father is well known as he owns a shop.

Decision & Reasoning: 

The Refugee Appeals Board accepted that the residence of the complainant’s parents had been visited three times with the aim of recruiting one of the sons of the family to military service.

The Board also accepted that the Kurdish authorities according to the report from the Danish Immigration Service from October 2015: “Syria: Update on Military Service, Mandatory Self-Defence Duty and recruitment to the YPG” have introduced compulsory military service and that the complainant would be at risk as all his brothers also have left the country.

The Board further accepted that the complainant would risk participating in acts of war during the compulsory military service. Therefore, the Board found that the complainant fulfilled the conditions for subsidiary protection under the Danish Aliens Act Art. 7 (2).

Consequently, the complainant was granted subsidiary protection under the Danish Aliens Act Art. 7 (2).

Outcome: 

The applicant was granted subsidiary protection under the Danish Aliens Act Art. 7 (2).

Other sources cited: 

The Danish Immigration Service: “Syria: Update on Military Service, Mandatory Self-Defence Duty and recruitment to the YPG”, October 2015.