Luxembourg - Administrative Tribunal, 1st Chamber, 37892, 14 July 2017
| Country of Decision: | Luxembourg |
| Country of applicant: | Iraq |
| Court name: | Administrative Tribunal |
| Date of decision: | 14-07-2017 |
| Citation: | 37892 |
Keywords:
| Keywords |
|
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. |
|
Internal armed conflict
Description
“A conflict in which government forces are fighting with armed insurgents, or armed groups are fighting amongst themselves.” |
Headnote:
The situation in Iraq may be considered as being an internal armed conflict thus justifying the grant of subsidiary protection.
Facts:
On 03 2010, the applicant applied for international protection and was subsequently interviewed in order to determine the competent authority according to the Dublin III Regulation. The competent State was Italy.
On 11 March 2016, the Luxembourg authorities informed the applicant via letter of their rejection of his application and called for the applicant’s immediate departure from the country within 30 days. The applicant appealed this decision.
Decision & reasoning:
The judge found that the applicant was not being persecuted because he belongs to the Christian Turkmen ethnic minority but because he had had an extramarital affair. As such, the persecution is not founded on religious considerations and the provisions of the 1951 Geneva Convention are not fulfilled.
However, the tribunal found that the current situation in Iraq, which is characterised by protracted armed conflict between different actors: state forces, paramilitary groups both Shia and Sunni, ISIS. This conflict has been marked by terror attacks perpetrated against the civilian population, systematically causing a number of deaths; the tribunal further recognises ongoing human rights law violations. The tribunal further found that there was a “situation of internal armed conflict between different actors” in Iraq.
The judge found that the applicant should be granted subsidiary protection.
Outcome:
The appeal has been accepted and the applicant has been granted subsidiary protection.
Observations/comments:
The original case summary was writen by Passerell a.s.b.l
Cited National Legislation:
| Cited National Legislation |
| 39 |
| Luxembourg - Law of 18 December 2015 : articles 2 |
| 40 |
| 42 and 48 |