Luxembourg - Administrative Tribunal, 1st Chamber, 37892, 14 July 2017

Country of Decision:
Country of Applicant:
Date of Decision:
14-07-2017
Citation:
37892
Court Name:
Administrative Tribunal
National / Other Legislative Provisions:
Luxembourg - Law of 18 December 2015 : articles 2
39
40
42 and 48
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Headnote: 

The situation in Iraq may be considered as being an internal armed conflict thus justifying the grant of subsidiary protection.

Facts: 

On 03 2010, the applicant applied for international protection and was subsequently interviewed in order to determine the competent authority according to the Dublin III Regulation. The competent State was Italy.

On 11 March 2016, the Luxembourg authorities informed the applicant via letter of their rejection of his application and called for the applicant’s immediate departure from the country within 30 days. The applicant appealed this decision.

 

Decision & Reasoning: 

The judge found that the applicant was not being persecuted because he belongs to the Christian Turkmen ethnic minority but because he had had an extramarital affair. As such, the persecution is not founded on religious considerations and the provisions of the 1951 Geneva Convention are not fulfilled.

However, the tribunal found that the current situation in Iraq, which is characterised by protracted armed conflict between different actors: state forces, paramilitary groups both Shia and Sunni, ISIS. This conflict has been marked by terror attacks perpetrated against the civilian population, systematically causing a number of deaths; the tribunal further recognises ongoing human rights law violations. The tribunal further found that there was a “situation of internal armed conflict between different actors” in Iraq.

The judge found that the applicant should be granted subsidiary protection.   

 

Outcome: 

The appeal has been accepted and the applicant has been granted subsidiary protection.

 

Observations/Comments: 

The original case summary was writen by Passerell a.s.b.l