Hungary - Administrative and Labour Court of Budapest, 28 May 2013, S.A. v Office of Immigration and Nationality (OIN) 3.K.31404/2013/4
Keywords:
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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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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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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 Court recognised the Applicant as a refugee because he would be at risk of persecution due to his political opinions upon returning to his home country.
Facts:
The Applicant requested refugee status in 2003. The Respondent rejected the request for refugee status, but found that non-refoulementapplied (tolerated status). In 2008 the Respondent launched ex officio proceedings for a review of the tolerated status and found that the Applicant could not be recognised as having either refugee or subsidiary protection status, and non-refoulement did not apply.
In 2012 the Applicant requested refugee status again, since he was previously involved in opposition activities against the Syrian government in protests in Istanbul (he took part in demonstrations and made comments on social networking sites). The Respondent once more rejected the request for refugee status, but granted subsidiary protection status to the Applicant on account of the civil war raging in Syria (Section 61 c) of the Asylum Act).
Decision & reasoning:
According to the Court, the Applicant expressed clear political opinions, in which he disapproved of and wanted to bring about the fall of the Syrian government. The Respondent did not dispute that persons pursuing anti-government activities abroad would be at serious risk upon returning home, and that the Syrian government is continuously and intensively gathering information about anti-government activities both in Syria and abroad. The Applicant does not have to prove that the authorities in the country of origin were already aware of his political views before he left the country.
As for refugee sur place status, Section 6 (3) of the Asylum Act is not applicable (i.e. the Applicant cannot be recognised as a refugee on the basis ofcircumstances triggering persecution which were brought about by him after leaving the country of origin) because the expression of political opinions requires that there be action; nevertheless, the fact that the Syrian government disregards fundamental rights cannot be held against the Applicant.
In view of all this, the Court amended the Respondent’s decision and granted refugee status to the Applicant.
Outcome:
Refugee status granted.