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.
A stateless Palestinian woman from Syria who was registered with the UNRWA but who was no longer receiving support from the organisation was granted refugee status by the Migration Court of Appeal, and the case was returned to the Swedish Migration Board for re-examination of the period of validity of the residence permit.
A recognised refugee may only be refused a residence document if there are serious grounds to consider that he is a danger to the security of the Federal Republic of Germany.
The question as to whether a refugee should be refused a residence document because he supports a terrorist organisation can only be determined following a comprehensive, specific verification of the activities of the organisation and the foreign national based on an overall evaluation by the trial judge (following the decision of 15 March 2005 – Federal Administrative Court 1 C 26.03 - Federal Administrative Court 123, 114).
1. The expulsion of a recognised refugee may only take place subject to the requirements of Article 21 (3) in conjunction with (2) and Article 24 (1) of the Qualification Directive.
2. Compelling grounds for public security or order according to Article 24 (1) of the Qualification Directive do not presuppose any outstanding acts of extraordinary danger in support of international terrorism; neither does specific involvement of a sympathiser suffice unless it is characterised by a large degree of continuity and as such shapes and influences the environment of the terrorist organisation.