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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.
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.
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.
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.
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...
The situation in Iraq may be considered as being an internal armed conflict thus justifying the grant of subsidiary protection.
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...
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.
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.
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...
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