EDAL case summaries
Country of Decision: Germany
Country of Applicant: Syria
Keywords: Country of origin information, Duty of applicant, Political Opinion, Refugee Status, Religion, Subsidiary Protection, Torture
When deciding whether refugee status should be available , one must not only consider any pre-persecution but also post-flight circumstances. Judged on a forward looking basis of persecution of political enemies within Syrian territory, upon return to Syria there continues to be a danger of individual persecution including human rights violations by reason of belonging to a certain group.
Date: 07-10-2016
Country of Decision: Germany
Country of Applicant: China, China (Tibet)
Keywords: Persecution Grounds/Reasons, Race, Political Opinion, Inhuman or degrading treatment or punishment, Gender Based Persecution, Internal protection, Previous persecution, Refugee sur place, Standard of proof
Tibetans in China are not at risk of “group persecution” based on their ethnicity. However, individual acts of persecution (the rape of a Tibetan woman by security forces in the present case) do constitute past persecution since they have to be regarded as being connected to the persecution ground “race”.
Date: 03-11-2011
Country of Decision: Germany
Country of Applicant: Afghanistan
Keywords: Political Opinion, Subsidiary Protection, Serious harm, Individual threat, Indiscriminate violence, Internal armed conflict, Internal protection, Personal circumstances of applicant, Subsequent application
The applicant was eligible for subsidiary protection as an internal armed conflict is taking place in Logar. The applicant, in case of return to Afghanistan, could not relocate to Kabul, since he could not secure his livelihood there. In order to secure his livelihood, he could not rely on property which his family had possessed in the province of Logar.
Date: 25-08-2011
Country of Decision: Germany
Country of Applicant: Afghanistan
Keywords: Persecution Grounds/Reasons, Membership of a particular social group, Political Opinion, Actor of persecution or serious harm, Actors of protection, Assessment of facts and circumstances, Non-state actors/agents of persecution, Previous persecution
Refugee status was granted to the applicants (parents) because of their advocacy in Afghanistan for democracy, separation of state and religion, equality between men and women, and their membership of and support for the party “Comprehensive movement for democracy and progress in Afghanistan”. Refugee status was granted to their children because of their membership of a particular social group of “family”.
Threats by political opponents are to be considered as imminent persecution by non-State actors according to Art. 60 (1) sentence 4 (c) of the Residence Act in conjunction with...
Date: 07-07-2011
Country of Decision: Germany
Country of Applicant: Syria
Keywords: Refugee Status, Persecution Grounds/Reasons, Political Opinion, Persecution (acts of), Stateless person
A stateless Kurd from Syria was not recognised as a refugee. The court held:
- The denial of re-entry of stateless Kurds is not to be considered political persecution because a general institutional practice cannot be detected which is aimed against ethnic Kurds in a manner that is relevant to asylum grounds (Art 10 of the Qualification Directive).
- Whether the legal practice of Syrian legislation on citizenship and the denial of re-entry are part of a restrictive policy towards Kurds, and support the aims of the State of Syria in respect of its settlement policy, is not...
Date: 25-05-2011
Country of Decision: Germany
Country of Applicant: Iraq
Keywords: Persecution Grounds/Reasons, Membership of a particular social group, Political Opinion
The group of “Iraqi citizens who cooperate with the coalition forces” in Iraq is not to be characterised as a “social group” within the meaning of the Qualification Directive (confirmation of decision of Administrative Court of Karlsruhe of the 16 April 2010, A 10 K 523/08). It cannot be assumed that any kind of cooperation with the coalition forces is an expression of a certain political conviction or that Islamist terrorist organisations would have an understanding of this kind of cooperation.
Date: 01-12-2010
Country of Decision: Germany
Country of Applicant: Ethiopia
Keywords: Persecution Grounds/Reasons, Political Opinion, Refugee sur place
The applicant was granted refugee status because of political activities in exile. In the case of applicants from Ethiopia, a risk of persecution is not restricted to leading personalities of the opposition in exile as the Ethiopian government has shown an interest in recording the names and functions of all political opponents.
Date: 17-08-2010
Country of Decision: Germany
Country of Applicant: Nigeria
Keywords: Gender Based Persecution, Persecution Grounds/Reasons, Membership of a particular social group, Political Opinion, Subsidiary Protection, Assessment of facts and circumstances, Country of origin information, Personal circumstances of applicant
- In principle, a threat of female genital mutilation (FGM) has to be considered as political persecution according to Section 60 (1) Residence Act.
- In Nigeria, FGM is still widespread in all known forms. For the Edo ethnic group, it is usually performed between seven and fourteen days after birth.
- The number of circumcisions performed (among the Edo ethnic group) during puberty has decreased significantly in recent years and circumcisions in adulthood are no longer performed, or they are only carried out in a small number of cases.
In the present case the...
Date: 10-05-2010
Country of Decision: Germany
Country of Applicant: Iran
Keywords: Persecution Grounds/Reasons, Political Opinion, Child Specific Considerations, Refugee sur place, Subsequent application
If a subsequent asylum application is based on circumstances which the applicant has created by his own decision, refugee status shall not be granted if the applicant was able to develop his own political conviction at the time of the (termination of the) preceding asylum procedure. This can be assumed to be the case at the age of 16, or at the age of 18 at the latest.
Date: 24-09-2009
Languages
Filter by case summary type
Filter by applicable legal provisions
Filter by keywords
- (-) Remove Political Opinion filterPolitical Opinion
- Persecution Grounds/Reasons 7
- Membership of a particular social group 3
- Refugee sur place 3
- Subsidiary Protection 3
- Assessment of facts and circumstances 2
- Country of origin information 2
- Gender Based Persecution 2
- Internal protection 2
- Personal circumstances of applicant 2
- Previous persecution 2
- Refugee Status 2
- Subsequent application 2
- Actor of persecution or serious harm 1
- Actors of protection 1
- Child Specific Considerations 1
- Duty of applicant 1
- Indiscriminate violence 1
- Individual threat 1
- Inhuman or degrading treatment or punishment 1
- Internal armed conflict 1
- Non-state actors/agents of persecution 1
- Persecution (acts of) 1
- Race 1
- Religion 1
- Serious harm 1
- Standard of proof 1
- Stateless person 1
- Torture 1
Filter by country of applicant
- Afghanistan 2
- Syria 2
- China 1
- China (Tibet) 1
- Ethiopia 1
- Iran 1
- Iraq 1
- Nigeria 1
Filter by country of decision
- (-) Remove Germany filterGermany
