Luxembourg - Administrative Tribunal, 3rd Chamber, 38651, 11 July 2017

Country of Decision:
Country of Applicant:
Date of Decision:
11-07-2017
Citation:
38651
Court Name:
Administrative Tribunal
National / Other Legislative Provisions:
Luxembourg - Law of 18 December 2015: articles 2 b
34
37
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42
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Headnote: 

On top of the usual conditions, the tribunal takes into consideration climate conditions and the consequences on the population in its examination of a subsidiary protection application. 

Facts: 

On 22 July 2017, the applicants applied for asylum, which was rejected on 05 October 2017 and the applicants appealed this decision on 02 November 2016.

 

Decision & Reasoning: 

The fact that one of the applicants is wanted by the militia for a crime that he might have committed does not fulfill the requirements laid down in the 1951 Geneva Convention provisions.

The tribunal found that the security situation in Iraq can be likened to a “situation of civil war between several actors” ever since the fall of S. Hussein: terror attacks against the civilians are perpetrated in public places and the militia are repeatedly violating human rights and using torture.

Also, the judges agree that the Sunni population is not exposed to any more risks than the rest of the population. Accordingly, the refusal to grant refugee status is founded on that.

Regarding subsidiary protection, the tribunal found that the terror attacks also take place in less densely populated areas (cf : TA, 05.07.2017, n° 37908).

The existence of an internal armed conflict makes it impossible to ask for protection from the authorities.

Additionally, the judge took into account the difficult environmental conditions particular to Iraq and the difficulties that result from this for the population; the conditions are “difficult to bear for people used to living in very warm conditions”.

 

 

Outcome: 

The tribunal accepted the appeal and granted subsidiary protection to the applicants.

 

 

Observations/Comments: 

Beyond the usual considerations (internal armed conflict, ability to get protection from the authorities, etc.), the tribunal examines a new element: the environmental conditions that can render a return difficult, if not impossible, for Iraqi applicants.

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