Germany: Administrative Court of Baden-Württemberg confirms refugee status to a Palestinian national likely to be subject to compulsory military service in Syria

Wednesday, June 28, 2017

On 28 June 2017, the Administrative Court of Baden-Württemberg rejected an appeal by the Federal Office for Migration and Refugees and confirmed the decision to grant refugee status to a Palestinian national who had been granted refugee status under the mandate of UNRWA in Syria. He fled the civil war and applied for asylum in Germany based on, inter alia, the fact that he would be subjected to compulsory military service in the event of his return to Syria as he is close to reaching the age of majority. Based on country information on Syria, the Court concluded that Syrian men of military age are likely to be tortured by Syrian forces upon return or will, at least, face temporary arrest before being sent to a military unit. The Court found the risk of persecution to be of a political nature due to the political character of the military service in Syria, the totalitarian character of the regime and the excessive punishment for those who oppose to serve. Finally, the Court upheld the decision to grant the applicant refugee status.
Based on an unofficial translation by the ELENA Weekly Legal Update.

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Persecution (acts of)
Persecution Grounds/Reasons
Real risk
Refugee Status