EDAL case summaries
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).
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.
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.
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.
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...
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.
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.
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.
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- Internal protection 5
- Persecution Grounds/Reasons 5
- Personal circumstances of applicant 4
- Assessment of facts and circumstances 3
- Individual threat 3
- Non-state actors/agents of persecution 3
- Individual assessment 2
- Persecution (acts of) 2
- Standard of proof 2
- Actors of protection 1
- Burden of proof 1
- Child Specific Considerations 1
- Family unity (right to) 1
- Gender Based Persecution 1
- Indiscriminate violence 1
- Membership of a particular social group 1
- Obligation/Duty to cooperate 1
- Political Opinion 1
- Previous persecution 1
- Real risk 1
- Relevant Documentation 1
- Relevant Facts 1
- Well-founded fear 1