Case summaries
Germany - Adminstrative Court Trier, 23 March 2011, 5 K 1181/10.TR
Country of applicant:
China
Keywords:
Non-state actors/agents of persecution, Persecution Grounds/Reasons, Refugee sur place, Subsequent application, Membership of a particular social group, Gender Based Persecution
A mother of two children was recognised as a refugee as there was sufficient probability of her being forced to undergo sterilisation in China due to violation of the one child policy. Forced sterilisation constitutes a violation of the basic human right to physical integrity and human dignity to such an extent that it is without doubt relevant under Section 60 (1) of the Residence Act. / Art 1 A 2 of the 1951 Refugee Convention.
Date of decision:
23-03-2011
Relevant International and European Legislation:
EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 9,Art 10.1 (d),Art 5,Art 6 (c),Art 6 (a)