EDAL case summaries
Country of Decision: Germany
Country of Applicant: Iraq
Keywords: Subsidiary Protection, Real risk, Serious harm, Individual threat, Indiscriminate violence, Internal armed conflict, Assessment of facts and circumstances, Circumstances ceased to exist, Revocation of protection status
When establishing the necessary “density of danger” in an internal armed conflict within the meaning of Section 60 (7) (2) Residence Act/Art. 15 (c) Qualification Directive, it is not sufficient to quantitatively determine the number of victims in the conflict. It is necessary to carry out an “evaluating overview” of the situation, which takes into account the situation of the health system. However, this issue was not decisive in the present case, as the applicant would only face a low risk of being seriously harmed.
Date: 17-11-2011
Country of Decision: Germany
Country of Applicant: Turkey
Keywords: Subsidiary Protection, Serious harm, Torture, Inhuman or degrading treatment or punishment, Exclusion from protection, Previous persecution, Revocation of protection status, Standard of proof
The facilitated standard of proof under Art. 4.4 of the Qualification Directive may be applied to the examination of subsidiary protection. Under German law, subsidiary protection is not excluded on the ground that the applicant is a “danger to the community”.
Date: 07-09-2010
Country of Decision: Germany
Country of Applicant: Afghanistan
Keywords: Subsidiary Protection, Serious harm, Individual threat, Indiscriminate violence, Internal armed conflict, Revocation of protection status
This case concerns the criteria for determining a serious individual threat and the necessary level of indiscriminate violence in an internal armed conflict.In order for Art 15 (c) of the Qualification Directive to apply, it is necessary to determine the level of indiscriminate violence in the territory of an internal armed conflict. When determining the necessary level of indiscriminate violence, not only acts which contravene international law, but any acts of violence which put life and limb of civilians at risk, have to be taken into account. In the context of Art 4.4 of the...
Date: 27-04-2010
Country of Decision: Germany
Country of Applicant: Iraq
Keywords: Subsidiary Protection, Serious harm, Indiscriminate violence, Internal armed conflict, Revocation of protection status
The revocation of refugee status in the case of a Kurd from Iraq was upheld: Even if one presumes that an internal armed conflict is taking place in the applicant’s home province (Tamim), it cannot be assumed that the indiscriminate violence has reached such a high level that practically any civilian is at risk of a serious and individual threat simply by his or her presence in the region.
Date: 25-03-2010
Country of Decision: Germany
Country of Applicant: Afghanistan
Keywords: Subsidiary Protection, Serious harm, Individual threat, Indiscriminate violence, Internal armed conflict, Humanitarian considerations, Internal protection, Revocation of protection status
The situation in Paktia province in Afghanistan meets the requirements of an internal armed conflict in terms of Section 60 (7) (2) Residence Act / Art 15 (c) of the Qualification Directive. An internal armed conflict does not necessarily have to affect the whole of the country of origin. The concept of internal protection does not apply if the applicant cannot reasonably be expected to reside in another part of the country because of an illness, even if that illness is not life-threatening (epilepsy in the case at hand).
Date: 11-12-2008
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