Case summaries
Germany - Federal Administrative Court, 20 February 2013, 10 C 23.12
Country of applicant:
Pakistan
Keywords:
Actor of persecution or serious harm, Persecution Grounds/Reasons, Personal circumstances of applicant, Serious harm, Refugee Status, Religion
The concept of a serious violation of religious freedom according to Article 9(1)(a) of the Qualification Directive (2004/83/EC) does not simply refer to a serious encroachment on the freedom to practice one’s faith in private but also the freedom to practice religion in a public context.
The enforced renunciation of religious activities can constitute persecution. Since persecution may lie in the prohibition itself, the actual future behaviour of the asylum-seeker and associated involvement in the other legal interests of the party concerned (e.g. life and freedom) are not relevant.
Date of decision:
20-02-2013
Relevant International and European Legislation:
Art 10.1 (b),Art 9.1 (a),Art 2 (c),Art 10.1,Article 15,Article 9,Article 10