Netherlands - AJDCoS, 13 January 2010, 200904515/1/V1

Country of Decision:
Country of Applicant:
Date of Decision:
13-01-2010
Citation:
200904515/1/V1
Court Name:
Administrative Jurisdiction Division of the Council of State
Keywords:
Relevant Legislative Provisions:
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Headnote: 

Art 5 of the Qualification Directive does not require that the relevant activity, in relation to a sur place claim that gives rise to well-founded fear of persecution, is a continuation of previous activities performed in the country of origin.

Facts: 

The applicant put forward that he had converted to Christianity in the Netherlands and was therefore at risk on return to Iran. The Secretary of State rejected the asylum application because the applicant did not meet the requirements of a refugee sur place claim. The Secretary of State held this view because the facts on which the applicant relied for his sur place claim did not originate in his country of origin. The District court had held that the rejection of the application lacked thorough reasoning. The Secretary of State for Justice appealed against the decision of the district court of Arnhem of 26 May 2009 (08/16068).

Decision & Reasoning: 

Under paragraph C2/2.6 of the Aliens Circulaire (Vc) the applicant cannot be regarded as a refugee sur place, because the conversion must stem from a conviction that already existed in the country of origin. However, Article 5 of the Qualification Directive does not require that the relevant activity, in this case the conversion to Christianity, is a continuation of previous activities performed in the country of origin. It was held that paragraph C2/2.6 Vc, as it was at the relevant time, was therefore inconsistent with Art 5 of the Qualification Directive.

Outcome: 

The appeal was dismissed.