Belgium - Council for Alien Law Litigation, No. 259 490, 23/08/2021
Keywords:
| Keywords |
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Actors of protection
Description
"Actors such as: (a) the State; or (b) parties or organisations, including international organisations, controlling the State or a substantial part of the territory of the State; who take reasonable steps to prevent the persecution or suffering of serious harm, inter alia, by operating an effective legal system for the detection, prosecution and punishment of acts constituting persecution or serious harm, and the applicant has access to such protection." |
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Exclusion from protection
Description
Exclusion from being a refugee on any of the grounds set out in Article 12 of the Qualification Directive or exclusion from being eligible for subsidiary protection on any of the grounds set out in Article 17 of the Qualification Directive. |
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Refugee Status
Description
The recognition by a Member State of a third-country national or stateless person as a refugee. |
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Cessation of protection
Description
Pertaining to thecircumstances in which a person may no longer be considered to be a refugee or to be eligible for subsidiary protection. |
Headnote:
In the case of an Iranian applicant, who was already granted refugee status in Greece, the Court ruled that the first instance authority (the Commissioner General for Refugees and Stateless Persons) must take into account information regarding the living conditions of refugees in deciding whether the applicant shall be granted refugee status in Belgium.
Facts:
The applicant is an Iranian national who was granted international protection in Greece. She then fled to Belgium where she again applied for international protection. Her asylum claim was rejected and she appealed against that decision.
Decision & reasoning:
At first, the applicant challenged the Commissioner-General’s finding that she still enjoys international protection in Greece. The Council of Aliens Law Litigation (the Council) found that the applicant did not demonstrate that her international protection in Greece had ceased to exist.
Nonetheless, the Council agreed with the applicant’s argumentation that refugees in Greece find themselves in a situation where it is very difficult for them to meet basic needs such as housing and eating.
Considering the fact that refugees face obstacles in accessing socio-economic and medical assistance, the Court annulled the Commissioner-General’s decision.
Outcome:
The appeal was granted, and the Council referred the case back to the Commissioner-General for Refugees and Stateless Persons.
Observations/comments:
This summary was written by Amirsalar Kavoosi, student at the Human Rights and Migration Law Clinic of the University of Gent.
Cited National Legislation:
| Cited National Legislation |
| 15 December 1980 Law (Loi du 15 décembre 1980 sur l’accès au territoire le séjour l’établissement et l’éloignement des étrangers) |
Cited Cases:
| Cited Cases |
| CJEU - Ibrahim and Others, Joined Cases C-297/17, C-318/17, C-319/17 and C-438/17, 19/03/2019 |