EDAL case summaries

The applicant, an ethnic Samia and Christian Protestant from Mukono, Uganda, became aware of his sexual orientation when he was between 7 and 9 years old and has had several both short and longer relations with men.

The Refugee Appeals Board accepted the applicants account which included imprisonment and physical and sexual abuse as well as harassment by village locals. Consequently, the Board found that the applicant was at risk of persecution by his family and locals against which no protection by the authorities could be obtained. Therefore, the applicant was granted refugee...

Usually it does not infringe the constitutional right of equality nor the UN Convention on the Rights of Persons with Disabilities, when the residence permit of a disabled foreign national is restricted on grounds of a lack of independent secured livelihood pursuant to §§ 25 (5) 1, 12 (2) 2 German Residence Act.

An applicant may be granted refugee status under Article 1 of the 1951 Geneva Convention for fear of persecution based on sexual orientation. This depends on whether or not, according to the conditions prevailing in the country of origin, persons sharing a sexual orientation may be regarded as a social group within the meaning of the Convention.

The purpose of the child care benefit “500+” envisaged in the Law of 11 February 2016 is to provide assistance to parents and guardians in raising children by covering some expenses related to their needs. Excluding refugees from persons entitled to this benefit because their residence card does not contain a note “access to labour market” would lead to unfair differentiation of the legal situation of the foreigners (dividing them into those who were issued a residence card with the note “access to labour market“ and those issued a residence card without this note) and of the children (...