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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 - High Administrative Court of Baden-Wurttemberg, 20 May 2008, A 10 S 72/08
Country of applicant: Pakistan

Art 10.1 (b) of the Qualification Directive guarantees wide reaching protection of the freedom of religion. However, merely belonging to the Ahmadiyya religious community does not justify the granting of refugee status.

Date of decision: 20-05-2008
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 4.3,Art 9.2,Art 10.1 (b),Art 9.1,Art 2 (c),EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 9
España - Tribunal Supremo, 15 febrero 2008, Nº 6252/2004
Country of applicant: Nigeria

The applicant lodged an appeal before the Supreme Court against the High National Court’s decision to reject her asylum application. She claimed to have experienced persecution in Nigeria for religious reasons: her parents were killed in a religious confrontation between Muslims and Catholics. However, she did not explain how this fact was linked to a subsequent persecution. The Court held that the applicant was not a victim of religious persecution in accordance with the 1951 Refugee Convention, but that she had fled from a general conflict and a situation of political instability.

Date of decision: 15-02-2008
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 4.3,Art 10.1 (b),Art 1
Czech Republic - Supreme Administrative Court, 29 March 2004, L.M.C. v Ministry of Interior, 5 Azs 4/2004-49
Country of applicant: Vietnam

Refusal to perform compulsory basic military service cannot be considered as a reason for granting asylum, particularly if such a refusal is not connected with manifested political or religious beliefs.

Date of decision: 29-03-2004
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 10.1 (d),Art 10.1 (e),Art 10.1 (b)