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Country of Decision: Netherlands
Country of Applicant: Palestinian Territory
Keywords: Exclusion from protection, Internal armed conflict, Refugee Status, Stateless person
A stateless person from Palestine who was registered by UNRWA and received its assistance shall not be excluded from refugee status when it is established that his personal safety in Palestine is at serious risk and it is impossible for UNRWA to guarantee that the living conditions, which has forced the individual to leave Palestine, are compatible with its mission.
From the available evidence, the Court concludes that UNRWA is unable to provide protection and assistance to Palestinian refugees in Gaza.
Date: 24-08-2020
Country of Applicant: Sudan
Keywords: Access to the labour market, Burden of proof, Credibility assessment, Inhuman or degrading treatment or punishment, Internal armed conflict, Political Opinion, Real risk, Refugee Status, Well-founded fear
National authorities are best placed to assess the credibility of asylum claimants.
The ill-treatment of people of non-Arab ethnic origin in Sudan is not systematic. Therefore, when the personal circumstances of an applicant that may create a risk of persecution are insufficiently substantiated, the applicant’s removal to Sudan will not give rise to a violation of Article 3 of the Convention.
Date: 02-06-2020
Country of Applicant: Afghanistan
Keywords: Armed conflict, Burden of proof, Country of origin information, Effective access to procedures, Inhuman or degrading treatment or punishment, Internal armed conflict, Internal protection, Relevant Facts, Subsidiary Protection
The Court of Appeal set aside the Upper Tribunal’s Country Guidance on internal relocation to Kabul, on the basis that it had made a factual error, wrongly stating that civilian causalities amounted to less than 0.001 per cent, rather than less than 0.1 per cent, of the population of Kabul. However, it did dismiss AS’s ground of appeal, which concerned whether internal relocation would be unreasonable.
Date: 24-05-2019
Country of Decision: Denmark
Country of Applicant: Syria
Keywords: Actor of persecution or serious harm, Country of origin information, Internal armed conflict, Persecution Grounds/Reasons, Refugee Status, Relevant Facts, Subsidiary Protection
The complainant, an Ethnic Maktumin Stateless Kurd from Amuda, Al-Hasakah, Syria, was granted temporary protection under the Danish Aliens Act Art. 7 (3).
On 31 August 2017 the complainant lodged a complaint claiming refugee status under the Danish Aliens Act Art. 7 (1) or alternatively subsidiary protection under the Danish Aliens Act Art. 7 (2).
The Board found that the complainant fulfilled the conditions for subsidiary protection under the Danish Aliens Act Art. 7 (2) as he would risk participating in acts of war during the compulsory military service.
Date: 25-05-2018
Country of Decision: Denmark
Country of Applicant: Syria
Keywords: Actor of persecution or serious harm, Country of origin information, Internal armed conflict, Persecution Grounds/Reasons, Refugee Status, Relevant Documentation
The complainant, an Ethnic Arab and Sunni Muslim from Damascus, Syria, was granted temporary protection under the Danish Aliens Act Art. 7 (3).
On 1 March 2017, the complainant lodged a complaint claiming refugee status under the Danish Aliens Act Art. 7 (1).
The Board accepted that the complainant, who did not want to be redrafted into the Syrian Army, if he returned to Syria, would be at risk of being recalled to military service and therefore at specific and individual risk of persecution covered by the Danish Aliens Act Art. 7 (1). Consequently, the complainant was granted...
Date: 01-03-2018
Country of Decision: Luxembourg
Country of Applicant: Iraq
Keywords: Internal armed conflict, Subsidiary Protection
The situation in Iraq may be considered as being an internal armed conflict thus justifying the grant of subsidiary protection.
Date: 14-07-2017
Country of Decision: Denmark
Country of Applicant: Syria
Keywords: Actor of persecution or serious harm, Country of origin information, Family member, Internal armed conflict, Membership of a particular social group, Persecution Grounds/Reasons, Refugee Status, Relevant Facts
The applicant, an ethnic Kurd and a Sunni Muslim from Aleppo, Syria was granted temporary protection under the Danish Aliens Act Art. 7 (3).
A complaint to the Refugee Appeals Board was lodged claiming refugee status under the Danish Aliens Act Art 7 (1), alternatively subsidiary protection under the Danish Aliens Act Art 7 (2).
The applicants mother was granted refugee status under the Danish Aliens Act Art. 7 (1) due to her work in a health clinic treating injured insurgents.
The majority of the Board, referring to country of origin information, found that the...
Date: 10-05-2017
Country of Decision: France
Country of Applicant: Afghanistan
Keywords: Assessment of facts and circumstances, Country of origin information, Effective access to procedures, Indiscriminate violence, Internal armed conflict, Responsibility for examining application, Well-founded fear
Article 3 of the ECHR imposes an absolute obligation on contracting States not to deport an asylum seeker where doing so would expose him or her to a genuine and serious risk of violence. Under the discretionary clause in Article 17(1) of the Dublin III Regulation, this remains the case where the application does not fall within the immediate responsibilities of that State.
Date: 03-04-2017
Country of Decision: Denmark
Country of Applicant: Syria
Keywords: Credibility assessment, Crime against humanity, Exclusion from protection, Internal armed conflict, Persecution Grounds/Reasons, Political Opinion, Real risk, Refugee Status, Relevant Facts, Serious non-political crime, War crimes
The applicant, who had deserted the Syrian army, was seen in isolation covered by the Danish Aliens Act Art. 7 (1) [refugee status]. However, the Board found serious reasons to assume that the applicant had committed a crime against humanity and war crimes during his military service and consequently he was excluded from protection. Nevertheless, the Danish Aliens Act Art. 31, (2) is an obstacle to his expulsion as he would risk persecution covered by the Danish Aliens Act Art. 7 (1) in the case of returning to Syria.
Date: 06-02-2017
Country of Decision: Denmark
Country of Applicant: Afghanistan
Keywords: Assessment of facts and circumstances, Country of origin information, Internal armed conflict, Internal protection, Non-state actors/agents of persecution, Persecution (acts of), Personal circumstances of applicant, Subsidiary Protection
The applicant, a minor, an Afghan citizen, ethnic Pashtun and a Sunni Muslim from Chahar Dara district in Kunduz Province, feared if returned to Afghanistan he would be killed or forcibly recruited by the Taliban.
The Board notes that the applicant is 15 years old, Pashtun, illiterate and the eldest son of the family where the father was killed in 2015. Further, the Board notes that according to country of origin information it is credible that the Taliban recruits young men and boys in Chahar Dara.
With reference to the applicant being a minor and without a network the Board...
Date: 17-01-2017
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