Case summaries
France - Council of State, 4 May 2011, Ofpra vs. Mr. A., n°320910
Country of applicant:
Unknown
Article 1F(b) of the 1951 Refugee Convention is applicable even if the sentence (for a serious non-political crime) has been served. The Court has to inquire whether the reception of the applicant in France represents a danger or a risk to the population.
Date of decision:
04-05-2011
Relevant International and European Legislation:
EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 12.2 (b),Art 17.1 (d)
Germany - Federal Administrative Court, 7 September 2010, 10 C 11.09
Country of applicant:
Turkey
Keywords:
Exclusion from protection, Inhuman or degrading treatment or punishment, Previous persecution, Revocation of protection status, Serious harm, Standard of proof, Subsidiary Protection, Torture
The facilitated standard of proof under Art. 4.4 of the Qualification Directive may be applied to the examination of subsidiary protection. Under German law, subsidiary protection is not excluded on the ground that the applicant is a “danger to the community”.
Date of decision:
07-09-2010
Relevant International and European Legislation:
EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 15 (b),Art 4.4,Art 17.1 (d)