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EDAL case summaries

Germany - Federal Administrative Court, 26 February 2009, 10 C 50.07

Country of Decision: Germany
Country of Applicant: Azerbaijan, Russia
Keywords: Assessment of facts and circumstances, Country of former habitual residence, Individual assessment, Internal protection, Persecution (acts of), Personal circumstances of applicant, Safe third country, Stateless person
  1. The denial of citizenship may represent a severe violation of basic human rights according to Art. 9.1 (a) of the Qualification Directive.
  2. In assessing the severity of the violation of rights caused by the denial of citizenship, under Art. 4.3 of the Qualification Directive, the individual situation and personal circumstances of the person concerned have to be taken into account.
  3. A person is stateless according to Section 3 (1) of the Asylum Procedure Act, if no state considers him/her as a national under its own law, i.e. a de jure stateless person. For de-facto...
Date: 15-02-2009

Greece - Thrace Appeal Council, July 2005, Application No. 139/2005

Country of Decision: Greece
Country of Applicant: Azerbaijan
Keywords: Non-refoulement, Persecution (acts of), Persecution Grounds/Reasons, Political Opinion, Protection, Real risk, Refugee Status

Rejection of an extradition request by Azerbaijan in a case where the wanted person had been recognised as a refugee by Germany. Azerbaijan's request for extradition because of acts contrary to common criminal law was a premise aimed at stifling the wanted person's political opposition to the extraditing country's government. Azerbaijan was requesting extradition for political reasons.
Date: 07-07-2005

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