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Germany - High Administrative Court Nordrhein-Westfalen, 19 June 2008, 20 A 4676/06.A
Country of applicant: Afghanistan

The High Administrative Court decided that a considerable likelihood of group persecution of Hindus in Afghanistan did not exist. The “density” of recorded acts of violence was too low to justify the assumption that Hindus were facing an accumulation of human rights violations or other measures within the meaning of the Qualification Directive.

Date of decision: 19-06-2008
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 10,Art 10.1 (b),Art 4.4,Art 9.2 (f),Art 9.2 (b),Art 9.2 (c),Art 9.1 (a),Art 9.2 (d),Art 9.2 (a)
Germany - Administrative Court Stuttgart, 29 June 2006, A 11 K 10841
Country of applicant: Iran

This case concerned the application of Art 10.1 (d) of the Qualification Directive, as applied to lesbians from Iran. It was found that the "particular social group", described as homosexual (lesbian) women, has a distinct identity in Iran, because they are perceived as being different by the surrounding society (Art. 10.1 (d) (1) of the Qualification Directive).

Further, that there is a high likelihood that a homosexual relationship between women would be persecuted when detected, because it constitutes a breach of a cultural norm, even worse than among homosexual (gay) men.

Date of decision: 29-06-2006
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 8,Art 7,Art 9,Art 10.1 (d),Art 12,Art 10,Art 6,Art 11,Art 9.2 (c),Art 9.1 (a),EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 15