Case summaries
Germany – High Administrative Court Hessen, 15 September 2010, 5 A 1985/08.A
Country of applicant:
Sri Lanka
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.
Date of decision:
15-09-2010
Relevant International and European Legislation:
EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 14.4 (b)
Germany – High Administrative Court Niedersachsen, 11 August 2010, 11 LB 405/08
Country of applicant:
Turkey
Keywords:
Circumstances ceased to exist, Exclusion from protection, Revocation of protection status, Terrorism
- 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.
Date of decision:
11-08-2010
Relevant International and European Legislation:
EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 12,Art 3,Art 14,Art 12.2,Art 12.3,Art 14.3,Art 14.4 (b),Art 14.1,Art 14.5