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France - CNDA, 27 July 2010, Mr. A., n°08013573
Country of applicant: Afghanistan

The current situation in the province of Kabul cannot be seen as a situation of indiscriminate generalised violence, within the meaning of Article L.712-1 c) of Ceseda [which transposes Article 15 (c) of the Qualification Directive].

Date of decision: 27-07-2010
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),Art 15 (c)
Germany – Federal Administrative Court, 14 July 2010, 10 B 7.10
Country of applicant: Afghanistan

The High Administrative Court wrongly found that returnees without a family network generally could not return to Kabul as an internal protection alternative. The High Administrative Court was obliged to examine whether the applicant was the owner of property which might enable him to safeguard his means of existence upon return.

Date of decision: 14-07-2010
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 15 (c),Art 8
Spain - Supreme Court, 30 June 2011, 1519/2010
Country of applicant: Colombia

The applicant claimed asylum in 2006 (along with her children) alleging a well founded fear of persecution on the grounds of political opinion. The application was refused in the initial procedure and on appeal.  She returned to Colombia and two years later, returned to Spain and reapplied for asylum and was again refused. She lodged an appeal before the Supreme Court and was granted subsidiary protection.

Date of decision: 30-06-2010
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),Art 15 (c),Art 9,Art 10.1 (e)
Finland - Helsinki Administrative Court, 28 May 2010, 10/0642/1
Country of applicant: Somalia

The Helsinki Administrative Court found that a female minor from a town near Mogadishu was in need of subsidiary protection. The Court held that to return home the applicant would have to travel via Mogadishu which would place her at serious and personal risk due to the nature of the armed conflict.

Date of decision: 28-05-2010
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 15 (c)
Germany - Federal Administrative Court, 27 April 2010, 10 C 4.09
Country of applicant: Afghanistan

This case concerns the criteria for determining a serious individual threat and the necessary level of indiscriminate violence in an internal armed conflict.In order for Art 15 (c) of the Qualification Directive to apply, it is necessary to determine the level of indiscriminate violence in the territory of an internal armed conflict. When determining the necessary level of indiscriminate violence, not only acts which contravene international law, but any acts of violence which put life and limb of civilians at risk, have to be taken into account. In the context of Art 4.4 of the Qualification Directive, an internal nexus must exist between the serious harm (or threats thereof) suffered in the past, and the risk of future harm.

Date of decision: 27-04-2010
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 15 (c),Art 15 (b),Art 4.4,EN - Returns Directive, Directive 2008/115/EC of 16 December 2008,Article 3,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3
UK - Court of Appeal, 23 April 2010, HH (Somalia) & Others v Secretary of State for the Home Department [2010] EWCA Civ 426
Country of applicant: Somalia

In this case the Court applied the CJEU’s decision in Elgafaji and the UK Court of Appeal’s decision in QD and AH (see separate summary on EDAL) and considered whether UK Immigration Tribunals had jurisdiction to consider Art 15 (c) in cases where removal directions had not been set. The specific issue concerned the risk of indiscriminate violence en route from Mogadishu to a safe area. It further considered and made important obiter comments on the ambit of Art 15 (c).

Date of decision: 23-04-2010
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),Art 15 (c),Art 15 (b),Art 2 (e),Art 8,Art 16,Recital 26,Art 11.1 (e),EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 2,Article 3
Germany - Administrative Court Karlsruhe, 16 April 2010, A 10 K 523/08
Country of applicant: Iraq

Threats from terrorists against a person who has worked for the international forces in Iraq do not justify the granting of refugee status. Iraqi citizens who have cooperated with the occupying forces do not form a “social group” within the meaning of the Qualification Directive. However, the applicant is entitled to subsidiary protection since there is an armed conflict in the Nineveh region and because the threats by terrorists experienced in the past constitute individual “risk-enhancing” circumstances.

Date of decision: 16-04-2010
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 15 (c),Art 10.1 (d)
Germany - High Administrative Court Baden-Wuerttemberg, 25 March 2010, A 2 S 364/09
Country of applicant: Iraq

The revocation of refugee status in the case of a Kurd from Iraq was upheld: Even if one presumes that an internal armed conflict is taking place in the applicant’s home province (Tamim), it cannot be assumed that the indiscriminate violence has reached such a high level that practically any civilian is at risk of a serious and individual threat simply by his or her presence in the region.

Date of decision: 25-03-2010
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 15 (c),Art 14
France - CNDA, 11 March 2010, Mr. C., n°613430/07016562
Country of applicant: Iraq

The situation which currently prevails in the region of Mosul, as well as in the whole territory of Iraq, can no longer be considered as a situation of armed conflict, within the meaning of Article L.712-1 c) of Ceseda [which transposes Article 15 (c) of the Qualification Directive].

Date of decision: 11-03-2010
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),Art 15 (c),Art 2 (e)
Netherlands - AJDCoS, 26 January 2010, 200905017/1/V2
Country of applicant: Somalia

When assessing whether a situation under Art 15(c) of the Qualification Directive exists, consideration is given to the nature and intensity of the violence as a result of the conflict as well as its consequences for the civilian population of Mogadishu.

Date of decision: 26-01-2010
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 15 (c)