Case summaries
The Court must inquire into the circumstances which establish a risk of inhuman or degrading treatment fulfilling the requirements of subsidiary protection.
The applicant, being a young, single man and fit for work, is at no substantial individual risk, neither in his home province Parwan nor in Kabul. Therefore, it can remain undecided if the conflict in Afghanistan constitutes an internal armed conflict.
The applicant was granted a residence permit on the grounds of subsidiary protection. Based on up-to-date accounts of the security situation in central Iraq he was found to be at risk of suffering serious harm from indiscriminate violence in Baghdad, his region of origin, in accordance with Section 88(1)(3) of the Aliens’ Act. The ruling of the CJEU in Elgafaji v Staatssecretaris van Justitie (C-465/07) was taken into consideration in the case.
Country of origin information can verify a situation in which the risk of persecution can exceptionally be considered to be proved without substantiating the personal circumstances of the applicant. The danger of the harm is real, and complies with the requirements of subsidiary protection.
The applicant’s claim for refugee status was rejected as Convention grounds were not established, however, subsidiary protection was granted in the alternative by the court on the basis of grave human rights violations and the prohibition of torture (Art 3 of the European Convention on Human Rights (ECHR)).
The court accepted the argument that by granting a lower protection status (tolerated status), even if the applicant qualifies for subsidiary protection, the asylum authority violates Art 15 (b) and (c) of the Qualification Directive (Art 61 (b) and (c) of the Asylum Act)
The region of El Fasher, in Darfur (Sudan), is plagued by a generalised armed conflict.
Before granting subsidiary protection under Article L.712-1 c) Ceseda [which corresponds to Article 15 (c) of the Qualification Directive] to an applicant originating from the Congo, the Court had to inquire whether the situation of general insecurity which prevails in this country results from a situation of internal or international armed conflict.
Even if it is assumed that an internal armed conflict is taking place, a serious individual risk can only be established if the degree of indiscriminate violence which is characteristic of the conflict has reached such a high level that any civilian is at risk of a serious individual threat simply by his or her presence in the region.
The suicide attacks and bombings typical of Iraq and also of the hometown of the applicants can be classified as acts of indiscriminate violence. However, a density of danger as it is necessary for the assumption of a serious and individual risk cannot be established. Nor do the applicants possess individual characteristics which result in an increased risk for them when compared to other members of the civilian population.
The applicant is not entitled to protection from deportation within the meaning of Section 60 (7) (2) of the Residence Act / Art 15 (c) of the Qualification Directive as the levels of indiscriminate violence in his home area are not characterised by a sufficient "density of danger".
Where the situation described in Art 15(c) of the Qualification Directive does not occur in all parts of the country of origin, it must be assessed in respect of the distinct area of the country from which the applicant originates.