Case summaries
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.
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.
In the case of individuals who are eligible for subsidiary protection according to the Qualification Directive, the limitation of residence represents an unauthorised limitation on the free movement of persons according to Article 32 of the Qualification Directive if it is based solely on social welfare grounds.
The case refers to an appeal to the Supreme Court brought by the appellant against the High National Court’s decision to deny asylum.
The appellant is a Syrian national of Kurdish ethnicity and claims to be affiliated to the Kurdish political party “Azadi Akrad Siria” and to carry out political propaganda activities on their behalf.The Court affirms the denial of asylum and furthermore excludes the appellant from having the status of refugee sur place, even though the situation in Syria has changed since the application for asylum was lodged.However, taking into account the severe deterioration of the socio-political situation in Syria, the Supreme Court recognises the appellant’s right to remain in Spain on humanitarian grounds.
The Syrian Kurdish Applicant has been persecuted and tortured for his nationality and imputed political opinion.
The MOI and the Regional Court were correct in dismissing a minor applicant's claim for international protection relying on the fact that both parents applications were rejected.
The court found that a prohibition of deportation under Section 60 (2) of the Residence Act (corresponding to Art. 15 (b) of the Qualification Directive) was established due to the existence of a general risk of persecution in case of return to Syria. The Administrative Court, in their assessment of risk, went far beyond the prevailing case law, particularly that of the High Administrative Courts.
A particular mode of persecution cannot be detected in Syria due to the arbitrariness and the juxtaposition of different intelligence services, whose impact cannot be predicted.
A further deterioration of the situation has occurred in light of recent developments and the bloody suppression of the protest movements.
Currently even persons who have not been politically active in exile are, with considerable probability, at risk of being arrested on return, not only for a short period - they are also at risk of torture and other inhuman treatment.
A stateless Kurd from Syria was not recognised as a refugee. The court held:
- The denial of re-entry of stateless Kurds is not to be considered political persecution because a general institutional practice cannot be detected which is aimed against ethnic Kurds in a manner that is relevant to asylum grounds (Art 10 of the Qualification Directive).
- Whether the legal practice of Syrian legislation on citizenship and the denial of re-entry are part of a restrictive policy towards Kurds, and support the aims of the State of Syria in respect of its settlement policy, is not important when determining political persecution under Section 60 (1) sentence (5) of the Residence Act in connection with Art. 9 and 10 Qualification Directive.
The CALL considered that the internal protection alternative rule limits access to international protection and found that, in order for the rule to be applied, it is up to the asylum authority to demonstrate (1) that there is a part of the country of origin where the applicant has no reason to fear persecution and runs no real risk of serious harm, and (2) that it could be reasonably expected of the applicant to stay in that part of the country (taking into account the general circumstances in the country and the personal circumstances of the applicant).
Refusal to grant social security to political refugees was in breach of the Convention.