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EDAL case summaries

Denmark - the Refugee Appeals Board’s decision of 25 May 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 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

Denmark - The Refugee Appeals Board’s decision of 10 May 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

Denmark - the Refugee Appeals Board’s decision of 6 February 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

Poland - Judgement of the Voivodeship Administrative Court in Warsaw from 1 October 2015 no IV SA/Wa 685/15 annulling the decision of the Refugee Board on refusing refugee status, subsidiary protection and tolerated stay permit.

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

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