You are here
Home › Internal armed conflict ›EDAL case summaries
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
Country of Decision: Spain
Country of Applicant: Syria
Keywords: Accommodation centre, Credibility assessment, Internal armed conflict, Refugee Status, Relevant Documentation, Subsidiary Protection
When addressing asylum claims, refugee status must be recognised when there is a well-founded fear of persecution for any of the reasons foreseen in the 1951 Refugee Convention. Assessment of an asylum request fundamentally needs careful consideration of the facts and personal circumstances of the asylum seeker, as well as an analysis of the nature of the risk. The criteria of this test does not have to be restrictive, it is sufficient that the competent authority has a rational belief that the requirements are met for the purpose of receiving refugee status.
Date: 15-12-2015
Country of Applicant: Syria
Keywords: Armed conflict, Country of origin information, Detention, Effective access to procedures, Effective remedy (right to), Indiscriminate violence, Internal armed conflict, Protection, Real risk, Refugee Status, Serious harm, Well-founded fear
The applicants, a stateless Palestinian from Syria and two Syrian nationals, had been ordered to be expelled to Syria by the Russian authorities, and were detained in a detention centre in Russia pending this. The Court found that their expulsion to Syria would breach Articles 2 and 3, that Articles 5(4) and 5(1)(f) had been violated with regards to their detention, and that the restrictions on their contact with their representatives had breached Article 34.
Date: 15-10-2015
Country of Decision: Poland
Country of Applicant: Ukraine
Keywords: Country of origin information, Internal armed conflict, Internal protection, Relevant Facts
The risk of persecutions should be assessed only on the basis of the current state of affairs or a prognosis of the situation in the foreseeable future, based on documented facts and not on general hypothesis regarding potential changes with no probability assessment. There is no doubt that in Ukraine there is a serious crisis, because of armed conflict in the part of the country, but for now there is no real risk that the conflict will cover the whole country.
The applicant is a member of a protestant church, while the dominating religion is orthodox. This circumstance should be...
Date: 01-10-2015
Pages
Languages
Filter by case summary type
Filter by applicable legal provisions
Filter by keywords
- (-) Remove Internal armed conflict filterInternal armed conflict
- Subsidiary Protection 54
- Indiscriminate violence 35
- Serious harm 25
- Internal protection 24
- Individual threat 23
- Country of origin information 14
- Real risk 13
- Persecution Grounds/Reasons 11
- Credibility assessment 8
- Actor of persecution or serious harm 7
- Armed conflict 7
- Inhuman or degrading treatment or punishment 7
- Refugee Status 6
- Assessment of facts and circumstances 5
- Exclusion from protection 5
- Membership of a particular social group 5
- Personal circumstances of applicant 5
- Political Opinion 5
- Revocation of protection status 5
- Burden of proof 4
- Humanitarian considerations 4
- Individual assessment 4
- Persecution (acts of) 4
- Relevant Facts 4
- Well-founded fear 4
- Effective remedy (right to) 3
- International armed conflict 3
- Relevant Documentation 3
- Religion 3
- Serious non-political crime 3
- Standard of proof 3
- War crimes 3
- Circumstances ceased to exist 2
- Crime against humanity 2
- Effective access to procedures 2
- Gender Based Persecution 2
- Medical Reports/Medico-legal Reports 2
- Non-state actors/agents of persecution 2
- Race 2
- Terrorism 2
- Accommodation centre 1
- Actors of protection 1
- Child Specific Considerations 1
- Detention 1
- Discrimination 1
- Family member 1
- Final decision 1
- Freedom of movement (right to) 1
- Previous persecution 1
- Procedural guarantees 1
- Protection 1
- Refugee sur place 1
- Responsibility for examining application 1
- Safe third country 1
- Subsequent application 1
- Torture 1
Filter by date
Filter by country of applicant
- Iraq 18
- Afghanistan 16
- Somalia 10
- Syria 7
- Russia 5
- Russia (Chechnya) 3
- Ukraine 3
- Sri Lanka 2
- Armenia 1
- Burundi 1
- Colombia 1
- Guinea 1
- Ivory Coast 1
- Kenya 1
- Nigeria 1
- Sudan 1
- United Kingdom 1
