EDAL case summaries
Country of Decision: United Kingdom
Keywords: Country of origin information, Indiscriminate violence, Individual assessment, Individual threat, Inhuman or degrading treatment or punishment, Internal armed conflict, Internal protection, Subsidiary Protection
The degree of indiscriminate violence in certain parts of Iraq was such as to expose persons to a real risk of serious harm within the meaning of Article 15(c) of the Qualification Directive merely due to their presence there.
However, other areas of the country (including Baghdad City) did not meet this threshold, and as such, Iraqi nationals could be forcibly returned to these areas as it would not generally be unreasonable or unduly harsh for them to internally relocate there.
Date: 30-09-2015
Country of Decision: Germany
Country of Applicant: Afghanistan
Keywords: Assessment of facts and circumstances, Indiscriminate violence, Individual assessment, Individual threat, Inhuman or degrading treatment or punishment, Internal armed conflict, Non-state actors/agents of persecution, Personal circumstances of applicant, Real risk, Standard of proof, Subsidiary Protection, Torture
The actual risk of inhuman treatment or punishment by the Taliban because of desertion from one of their forced recruitment training camps can justify a deportation ban according to clause 60 (2) of the Residence Act (Article 15(b) of the Qualification Directive) in the case of Afghanistan.
Targeted criminal violence is defined in Article 15 (b) of the Qualification Directive (clause 60 (2) of the Residence Act) but not in Article 15 (c) of the Qualification Directive (clause 60 (7) p. 2 of the Residence Act), because in this context there is no specific risk of an internal armed...
Date: 06-03-2012
Country of Decision: Belgium
Country of Applicant: Unknown
Keywords: Indiscriminate violence, Individual assessment, Inhuman or degrading treatment or punishment, Personal circumstances of applicant
The real risk of suffering the type of serious harm envisaged in Article 15(b) of the Qualification Directive (torture and inhuman or degrading treatment) may be established by an Applicant who proves that he is a member of a group systematically targeted for such harm and who does not put forward any other circumstances relating to his individual case.
Date: 16-02-2012
Country of Decision: Germany
Country of Applicant: Afghanistan
Keywords: Subsidiary Protection, Serious harm, Individual threat, Indiscriminate violence, Internal armed conflict, Assessment of facts and circumstances, Individual assessment
The applicant, being a young, single man and fit for work, is at no substantial individual risk, neither in his home province Parwan nor in Kabul. Therefore, it can remain undecided if the conflict in Afghanistan constitutes an internal armed conflict.
Date: 03-02-2011
Country of Decision: Hungary
Country of Applicant: Afghanistan
Keywords: Assessment of facts and circumstances, Individual assessment, Country of origin information, Credibility assessment, Real risk, Subsidiary Protection, Indiscriminate violence, Serious harm
Country of origin information can verify a situation in which the risk of persecution can exceptionally be considered to be proved without substantiating the personal circumstances of the applicant. The danger of the harm is real, and complies with the requirements of subsidiary protection.
Date: 28-12-2010
Country of Applicant: Sri Lanka
Keywords: Access to the labour market, Indiscriminate violence, Individual assessment, Inhuman or degrading treatment or punishment
This case concerned the removal of a Sri Lankan national of Tamil ethnicity to Sri Lanka. The Court held that he belonged to a specific group all of whose members were at risk of ill-treatment and so could not be returned. The Applicant did not need to show that he was more at risk than others in this group. The case concerned a situation of generalized violence in Sri Lanka.
Date: 06-08-2008
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