Case summaries
Rejection of the re-application of Lebanese nationals as inadmissible "subsequent applications" under Directive 2013/32/EU.
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.
The case concerned an appeal against a decision of the Ministry of Interior (MOI) to refuse a claim for subsidiary protection status on the grounds that the applicant was excluded as a result of his activities, which were considered ‘contrary to the purposes and principles of the United Nations.’ The appeal was successful, the Supreme Administrative Court (SAC) held that exclusion clauses must be interpreted restrictively, that there must be ‘serious grounds to believe’ such acts were carried out and notwithstanding the exclusion clause, non refoulement obligations under Art 3 of the ECHR apply.
The CALL ruled that the Qualification Directive, with reference to the grounds for revocation, clearly shows a difference between the various types of protection and that there is no indication that the Belgian legislator wished to deviate from this. Subsidiary protection can be revoked on the basis of a “serious crime” committed after protection was granted.