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Germany - Federal Administrative Court, 24 February 2011, 10 C 3.10
Country of applicant: Iraq

Application of the CJEU ‘s ruling of the 2 March 2010, Abdulla et al. Case C 175/08 et al, following the request for a preliminary ruling by the Federal Administrative Court.

The High Administrative Court was correct in holding that the circumstances upon which the recognition of refugee status was based have ceased to exist. However, it did not examine sufficiently whether a well-founded fear of persecution persists for other reasons.

Date of decision: 24-02-2011
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 2 (e),Art 8,Art 4.4,Art 2 (c),Art 11.1 (e),Art 11.2