Case summaries

The situation in Iraq is not characterised by an armed conflict within the meaning of Section 60 (7) (2) Residence Act / Art 15 (c) of the Qualification Directive. In any case, there is no sufficient individual risk for returnees.

This case confirmed that the Qualification Directive makes a clear distinction between refugees and those in need of subsidiary protection. Further, that Art 28 of the Asylum Procedures Directive, which considers unfounded applications, is not applicable to those who fall within the scope of Art 15(c) of the Qualification Directive. 

The security and humanitarian situation in Kabul does not meet the standards for a “situation of extreme risk” (extreme Gefahrenlage) for a returnee who grew up in Kabul. Art 15 (c) of the Qualification Directive requires that a particular risk resulting from an armed conflict is substantiated.

This case concerns the definition of the term “internal armed conflict” within the meaning of Art 15 (c) of the Qualification Directive:

1. When defining the term “international or internal armed conflict” as set out in Art 15 (c) of the Qualification Directive one has to take into account international law, in particular the four Geneva Conventions on International Humanitarian Law of 12 August 1949 and the Additional Protocols of 8 June 1977.
2. An internal armed conflict within the meaning of Art 15 (c) of the Qualification Directive does not necessarily have to extend to the whole territory of a state.
3. An examination of the requirements for subsidiary protection under Art 15 (c) of the Qualification Directive is not precluded if the authorities have issued a general “suspension of deportation”.

The Minister for Immigration and Asylum must, when making an assessment of whether the applicant is eligible for asylum where there is no internal protection alternative, take into consideration the general circumstances in that part of the country and the applicant’s personal circumstances at the time of the decision.

The CALL ruled that for the recognition of subsidiary protection status (serious threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict), where doubt exists as to whether a person is a civilian or not, that person shall be considered to be a civilian.

The question as to whether or not an armed conflict existed has to be answered according to humanitarian law (common Art 3 of the Geneva Convention and the second additional protocol).

Members of a family, who are Russian citizens of Chechen ethnicity, who originate from Chechnya, can avail of internal protection (in the context of persecution by non-state actors, Section 60 (1) sentence (4) (c) of the Residence Act in conjunction with Art 8 of the Qualification Directive) in areas outside Chechnya, if one family member (in this instance the wife) possesses a new Russian internal passport, which is an important requirement for registration.