Case summaries
Finland - Supreme Administrative Court, 30 Dec 2010, KHO:2010:3964
Country of applicant:
Iraq
Keywords:
Country of origin information, Humanitarian considerations, Indiscriminate violence, Personal circumstances of applicant, Serious harm, Subsidiary Protection, Internal armed conflict
The case considered whether the security situation in central-Iraq, and particularly in Baghdad, met the prerequisites for granting a residence permit on the grounds of subsidiary protection. It was confirmed that the need for international protection must be evaluated not only on points of law but also on points of fact. Both the applicant’s account of prior events in the country of origin, as well as current country of origin information regarding the security situation, must be taken into account in the risk assessment. As such, the evaluation is tied to a particular individual and to a particular time and place.
Date of decision:
30-12-2010
Relevant International and European Legislation:
EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),Art 2 (e),Art 8,Art 15,Art 4.4,Art 16,Art 19,EN - Charter of Fundamental Rights of the European Union,Article 2,Article 18,Article 19,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3