Case summaries
HIV-related marginalisation and discrimination can reach the threshold of seriousness to establish persecution but is not sufficient to be granted international protection. In order to benefit from international protection, it must be established that there are personal reasons for a well-founded fear of being persecuted due to HIV-contamination. In this context, seropositivity can be regarded as being part of a social group, which is a valid persecution ground. In the case at hand, the Court took into account aspects of vulnerability which are unrelated to HIV-status.
This case concerned the revocation of refugee status as a result of the applicant having been convicted of criminal offences. Although the circumstances which led to the recognition of refugee status have not ceased to exist, the revocation of refugee status was deemed to be lawful, since the applicant was convicted of several criminal offences. It was also found that the corresponding provision of German law was in line with Art 14.4 (b) of the Qualification Directive.
- An individual is not excluded from refugee status where they have been convicted and sentenced as a juvenile, this only applies in cases of convictions and sentences according to the criminal law applicable to adults.
- The applicant is not excluded from refugee status because of publicly distributing portraits of Öcalan (founder of the PKK) as a youth. This cannot be considered as an act of supporting terrorism within the meaning of the exclusion ground of Art 12.2 of the Qualification Directive.