Case summaries
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