EDAL case summaries
Country of Decision: Denmark
Country of Applicant: Iraq
Keywords: Assessment of facts and circumstances, Non-state actors/agents of persecution, Persecution Grounds/Reasons, Political Opinion, Real risk, Relevant Documentation, Relevant Facts, Religion, Well-founded fear
The applicant, an ethnic Arab and a Sunni Muslim from Baghdad, who had worked in a firm with foreign connections in the Green Zone, had received threats from a Shia militia and his brother was abducted during a search for him at his home.
The Board found that the applicant, if returned to Iraq, was in real risk of suffering serious harm.
The Board did not find reason for granting refugee status under the Danish Aliens Act Art. 7 (1). The Board therefore granted subsidiary protection under the Danish Aliens Act Art. 7 (2).
Date: 25-01-2017
Country of Applicant: Iraq
Keywords: Gender Based Persecution, Individual threat, Internal protection, Personal circumstances of applicant, Religion
This case concerned the risk of violation of Article 3 for the proposed deportation to Iraq of a single female who was a member of the Mandaean religious minority.
In its previous judgment the Court had found that there would be no violation, provided that the applicant was returned to the Kurdistan Region of Iraq.
The case was struck out unanimously by the Grand Chamber pursuant to Article 37 § 1 ECHR given that the applicant had been granted a permanent residence permit in Sweden.
Date: 08-04-2015
Country of Decision: Germany
Country of Applicant: Iraq
Keywords: Actor of persecution or serious harm, Armed conflict, Crime against humanity, Indiscriminate violence, Membership of a particular social group, Non-state actors/agents of persecution, Previous persecution, Refugee Status, Religion, Unaccompanied minor
In light of a deterioration of safety conditions in Iraq since June 10th 2014 members of the Yazidi religious group living in the province of Ninive (Mosul) are in danger of persecution solely on the basis of their religious beliefs, from which they can’t reasonably seek effective protection from the Iraqi state nor from any other organization, which could offer protection. Furthermore they can’t now, nor will they for the foreseeable future be able to evade persecution by seeking refuge in safe havens within country boarders.
Date: 15-08-2014
Country of Applicant: Iraq
Keywords: Actors of protection, Individual threat, Internal protection, Persecution (acts of), Religion
In 8 joined cases, the Applicants’ deportation to Iraq would not violate Articles 2 or 3 due to the possibility of their internal relocation away from their former homes to other regions of Iraq.
Date: 27-06-2013
Country of Decision: Belgium
Country of Applicant: Iraq
Keywords: Assessment of facts and circumstances, Obligation/Duty to cooperate, Personal circumstances of applicant, Individual threat, Religion
The CALL refers to the judgment in the case M. M. vs Minister for Justice, Equality and Law Reform, Ireland, Attorney General by the Court of Justice of the European Union in relation to the interpretation of Article 4 of Directive 2004/83/EC to point out the obligation of Member States to cooperate in establishing the relevant elements in the asylum-seeker's story and thus to carry out a further examination of the specific situation of the asylum seeker.
Date: 03-01-2013
Country of Decision: Sweden
Country of Applicant: Iraq
Keywords: Persecution Grounds/Reasons, Religion, Child Specific Considerations, Family unity (right to), Individual assessment, Internal protection, Personal circumstances of applicant, Standard of proof
Greater caution is required when applying an internal protection alternative to families with children than to adults without children. The Kurdish controlled areas of northern Iraq cannot be considered as a relevant and reasonable flight option for a Christian family, as the Migration Board was not able to show that there currently is no requirement for sponsorship, either to enter or to legally establish oneself there.
An internal protection alternative must be relevant and reasonable. Relevant means that the location is accessible to the individual in a practical, safe and legal...
Date: 16-05-2011
Country of Decision: France
Country of Applicant: Iraq
Keywords: Persecution Grounds/Reasons, Religion, Indiscriminate violence
As soon as one persecution ground (in this case religion) exists and the other conditions for qualifying for refugee status are fulfilled, refugee status must be recognised rather than subsidiary protection, including in a context of generalised violence.
Date: 15-05-2009
Country of Decision: Germany
Country of Applicant: Iraq
Keywords: Persecution Grounds/Reasons, Religion, Membership of a particular social group, Burden of proof, Internal protection, Non-state actors/agents of persecution, Persecution (acts of)
This case concerned the assessment of "group" persecution against Arab Sunnites in Iraq. In order to establish the existence of group persecution it is necessary to at least approximately determine the number of acts of persecution and to link them to the entire group of persons affected by that persecution ( "density of persecution"). Acts of persecution not related to the characteristics relevant to asylum (reasons for persecution) are not to be included.
Date: 21-04-2009
Country of Decision: Germany
Country of Applicant: Iraq
Keywords: Persecution Grounds/Reasons, Religion, Assessment of facts and circumstances, Individual assessment, Internal protection, Non-state actors/agents of persecution, Previous persecution, Personal circumstances of applicant, Standard of proof
Currently every Sunnite and Shiite from Central and South Iraq is to be considered as a refugee within the meaning of Section 60 (1) Residence Act and the 1951 Refugee Convention, if he/she originates from a region with mixed denominations.
Returnees who originate from regions of mixed denominations cannot obtain internal protection in any part of Iraq.
Date: 12-10-2007
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- Internal protection 5
- Persecution Grounds/Reasons 5
- Non-state actors/agents of persecution 4
- Personal circumstances of applicant 4
- Assessment of facts and circumstances 3
- Individual threat 3
- Indiscriminate violence 2
- Individual assessment 2
- Membership of a particular social group 2
- Persecution (acts of) 2
- Previous persecution 2
- Standard of proof 2
- Actor of persecution or serious harm 1
- Actors of protection 1
- Armed conflict 1
- Burden of proof 1
- Child Specific Considerations 1
- Crime against humanity 1
- Family unity (right to) 1
- Gender Based Persecution 1
- Obligation/Duty to cooperate 1
- Political Opinion 1
- Real risk 1
- Refugee Status 1
- Relevant Documentation 1
- Relevant Facts 1
- Unaccompanied minor 1
- Well-founded fear 1
