Luxembourg - Administrative Court, 31663C, 7 February 2013
| Country of Decision: | Luxembourg |
| Country of applicant: | Iraq |
| Court name: | Administrative Court |
| Date of decision: | 07-02-2013 |
| Citation: | 31663C |
Keywords:
| Keywords |
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Country of origin information
Description
"Information used by the Member States authorities to analyse the socio-political situation in countries of origin of applicants for international protection (and, where necessary, in countries through which they have transited) in the assessment, carried out on an individual basis, of an application for international protection.” It includes all relevant facts as they relate to the country of origin at the time of taking a decision on the application, obtained from various sources, including the laws and regulations of the country of origin and the manner in which they are applied, regulations of the country of origin, plus general public sources, such as reports from (inter)national organisations, governmental and non-governmental organisations, media, bi-lateral contacts in countries of origin, embassy reports, etc. This information is also used inter alia for taking decisions on other migration issues, e.g. on return, as well as by researchers. One of the stated aims of the European Asylum Support Office (EASO) is to progressively bring all activities related to practical cooperation on asylum under its roof, to include the collection of Country of Origin Information and a common approach to its use. |
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Subsidiary Protection
Description
The protection given to a third-country national or a stateless person who does not qualify as a refugee but in respect of whom substantial grounds have been shown for believing that the person concerned, if returned to his or her country of origin, or in the case of a stateless person, to his or her country of former habitual residence, would face a real risk of suffering serious harm as defined in Article 15 of 2004/83/EC, and to whom Article 17(1) and (2) of 2004/83/EC do not apply, and is unable, or, owing to such risk, unwilling to avail himself or herself of the protection of that country.” “Note: The UK has opted into the Qualification Directive (2004/83/EC) but does not (legally) use the term Subsidiary Protection. It is believed that the inclusion of Humanitarian Protection within the UK Immigration rules fully transposes the Subsidiary Protection provisions of the Qualification Directive into UK law. |
Headnote:
Based solely on a 2012 UNHCR report, subsidiary protection was granted to the applicant as an individual risk to his life was recognised.
Facts:
On 28 June 2010, the applicant lodged his asylum request, which was rejected by the Ministry on 30 March 2012.
The applicant decided to appeal this decision.
Decision & reasoning:
The court based its entire appreciation of the situation of a 2012 UNHCR report in order to establish that the security situation in Iraq is that of blind violence during an internal armed conflict.
Indeed, the court relied on the information from this report in order to conclude that the applicant would be individually targeted by this “blind violence” because of the applicant’s place of birth, place of residence, membership of a particular political group and because of the applicant’s profession (teacher), which is especially at risk of violence.
Outcome:
In its decision, the administrative court granted the applicant subsidiary protection.
Observations/comments:
Even before the 2017 decisions, the court displayed flexibility with regards to applicants from Iraq, not by granting them refugee status but by recognising with ease (for instance by solely basing itself on the UNHCR report) that the applicant would be at risk of death should he be returned to his country of origin.
In short, it may be opportune to use this case in the context of an appeal in order to underline the continuity of the administrative jurisprudence regarding Iraqi applicants and the protracted nature of violence recognised by the court in 2013.
The original version of this case summary was completed by Passerell a.s.b.l. and translated by Jessica Pradille.
Cited National Legislation:
| Cited National Legislation |
| Luxembourg - o Law of 05 May 2006 : articles 2 and 37 |