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EDAL case summaries

Germany - High Administrative Court of Niedersachsen, 13 April 2011, 13 LB 66/07

Country of Decision: Germany
Country of Applicant: Iraq
Keywords: Subsidiary Protection, Real risk, Serious harm, Individual threat, Indiscriminate violence, Internal armed conflict, Child Specific Considerations

The question of whether the current situation in Iraq is an internal armed conflict (nationwide or regionally) according to Section 60 (7) (2) Residence Act/Art. 15 (c) Qualification Directive was left open. Even if one assumes that such a conflict takes place, subsidiary protection is only to be granted if the applicant is exposed to a serious and individual threat to life or physical integrity “in the course of” such a conflict. This cannot be established regarding the applicant in the present case.
Date: 13-04-2011

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