Denmark - the Refugee Appeals Board’s decision of 25 May 2018
Keywords:
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Actor of persecution or serious harm
Description
Per Art. 6 QD actors who subject an individual to acts of serious harm (as defined in Art. 15). Actors of persecution or serious harm include: (a) the State; (b) parties or organisations controlling the State or a substantial part of the territory of the State; (c) non-State actors, if it can be demonstrated that the actors mentioned in (a) and (b), including international organisations, are unable or unwilling to provide protection against persecution or serious harm as defined in Article 7. |
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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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Persecution Grounds/Reasons
Description
Per Article 1A ofthe1951 Refugee Convention, one element of the refugee definition is that the persecution feared is “for reasons of race, religion, nationality, membership of a particular social group or political opinion“. Member States must take a number of elements into account when assessing the reasons for persecution as per Article 10 of the Qualification Directive. |
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Relevant Facts
Description
An assessment of an application for international protection must take into account all relevant facts, including those relating to: the country of origin at the time of taking a decision on the application, including laws and regulations of the country of origin and the manner in which they are applied; relevant statements and documentation presented by the applicant; the individual position and personal circumstances of the applicant; and other matters set out in Article 4 of the Qualification Directive |
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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. |
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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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Internal armed conflict
Description
“A conflict in which government forces are fighting with armed insurgents, or armed groups are fighting amongst themselves.” |
Headnote:
The complainant, an Ethnic Maktumin Stateless Kurd from Amuda, Al-Hasakah, Syria, was granted temporary protection under the Danish Aliens Act Art. 7 (3).
On 31 August 2017 the complainant lodged a complaint claiming refugee status under the Danish Aliens Act Art. 7 (1) or alternatively subsidiary protection under the Danish Aliens Act Art. 7 (2).
The Board found that the complainant fulfilled the conditions for subsidiary protection under the Danish Aliens Act Art. 7 (2) as he would risk participating in acts of war during the compulsory military service.
Facts:
The complainant, born in 1991, is an Ethnic Maktumin Stateless Kurd from Amuda, Al-Hasakah, Syria. He entered Denmark in October 2015 and in December 2015 he was granted temporary protection under the Danish Aliens Act Art. 7 (3).
On 31 August 2017 the complainant lodged a complaint claiming refugee status under the Danish Aliens Act Art. 7 (1) or alternatively subsidiary protection under the Danish Aliens Act Art. 7 (2).
In support of the complaint he informed that he feared if returned to Syria as stateless he would have no rights. Further, he feared being forcibly recruited to the YPG and the PKK. Since the complainant left Syria his parents have been visited three times by the PKK asking where the complainant and his brothers were located. The complainant explained that his village Amuda is small and the complainant’s father is well known as he owns a shop.
Decision & reasoning:
The Refugee Appeals Board accepted that the residence of the complainant’s parents had been visited three times with the aim of recruiting one of the sons of the family to military service.
The Board also accepted that the Kurdish authorities according to the report from the Danish Immigration Service from October 2015: “Syria: Update on Military Service, Mandatory Self-Defence Duty and recruitment to the YPG” have introduced compulsory military service and that the complainant would be at risk as all his brothers also have left the country.
The Board further accepted that the complainant would risk participating in acts of war during the compulsory military service. Therefore, the Board found that the complainant fulfilled the conditions for subsidiary protection under the Danish Aliens Act Art. 7 (2).
Consequently, the complainant was granted subsidiary protection under the Danish Aliens Act Art. 7 (2).
Outcome:
The applicant was granted subsidiary protection under the Danish Aliens Act Art. 7 (2).
Cited National Legislation:
| Cited National Legislation |
| Denmark - The Danish Aliens Act Art. 7 (1) |
| Denmark - The Danish Aliens Act Art. 7 (2) |
| Denmark - The Danish Aliens Act Art. 7 (3) |
Other sources:
The Danish Immigration Service: “Syria: Update on Military Service, Mandatory Self-Defence Duty and recruitment to the YPG”, October 2015.