Belgium - Council for Alien Law Litigation, 30 May 2013, No. 103921
Keywords:
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Indiscriminate violence
Description
Violence in situations of international or internal armed conflict which presents a serious and individual threat to a civilian's life or person for the purposes of determining the risk of serious harm in the context of qualification for subsidiary protection status under QD Art. 15(c). |
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Refugee sur place
Description
In the EU context, a person granted refugee status based on international protection needs which arose sur place, i.e. on account of events which took place since they left their country of origin. In a global context, a person who is not a refugee when they leave their country of origin, but who becomes a refugee, that is, acquires a well-founded fear of persecution, at a later date. Synonym: Objective grounds for seeking asylum occurring after the applicant's departure from his/her country of origin Note: Refugees sur place may owe their fear of persecution to a coup d'état in their home country, or to the introduction or intensification of repressive or persecutory policies after their departure. A claim in this category may also be based on bona fide political activities, undertaken in the country of residence or refuge. |
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Political Opinion
Description
One of the grounds of persecution specified in the refugee definition per Article 1A ofthe1951 Refugee Convention. According to the Qualification Directive the concept of political opinion includes holding an opinion, thought or belief on a matter related to potential actors of persecution and to their policies or methods, whether or not that opinion, thought or belief has been acted upon by the applicant. |
Headnote:
The political activities carried out in Belgium by the Syrian Applicant justified granting him refugee status; he should not be confined to the subsidiary protection granted due to the indiscriminate violence generated by the armed conflict in Syria.
Facts:
The Applicant, a Syrian national of Kurdish extraction, was seeking refugee status on the grounds of his political involvement in the Syrian Kurdish Democratic Party. He claimed that he had been arrested by the Syrian authorities in 2005 and was at risk of further arrest for having subsequently organised various demonstrations.
The Office of the Commissioner General for Refugees and Stateless Persons (CGRS) did not consider the Applicant’s account of the organisation of recent demonstrations and the resulting risk of arrest to be credible. In light of the indiscriminate violence that was being generated by the armed conflict raging in Syria, the CGRS nonetheless granted the Applicant subsidiary protection.
Decision & reasoning:
Firstly, the judge held that the Applicant’s political activity in Belgium (representing the Syrian Kurdish Democratic Party, demonstrations, participation in the foundation of a Kurdish aid organisation for Syria, etc…) was not contested by the CGRS.
Secondly, the judge referred to the legal framework applicable to “sur place” refugees. The UNHCR Handbook on Procedures and Criteria for Determining Refugee Status invited “regard [to be had] to whether such actions [occurring within the country of residence] may have come to the notice of the authorities of the person’s country of origin and how they are likely to be regarded by those authorities.” For its part, Article 5(2) of the Qualification Directive emphasised that activities pursued in the country of residence must be taken into account “in particular” if they “constitute the expression and continuation of convictions or orientations held in the country of origin”.
Thirdly, the judge reviewed the cross-examination of the Applicant that he had conducted during the hearing. He emphasised that on that occasion, the Applicant “put forward convincing statements, full of sincerity, that demonstrated real, ongoing political commitment against the regime in place” (Section 6(8)).
On these grounds, the Applicant was granted refugee status.
Outcome:
Refugee status was granted.
Observations/comments:
In this ruling, the CALL based its recognition of refugee status on political activities carried out “in the country of residence”, holding that three criteria had been met : 1) The Syrian authorities were aware of these activities ; 2) these activities constituted the continuation of convictions expressed in Syria and 3) they reflected real and sincere political commitment.
The position is in line with that adopted by the three judges in the CALL ruling of 17 March 2009, Nr 24661.
Relevant International and European Legislation:
Cited National Legislation:
Other sources:
Statement of the grounds for the Bill establishing the Council For Alien Law Litigation