Adjudication of asylum claims (refugee status determination / asylum procedures) / Social group persecution

In it’s judgement E 2372/2021 issued 7 October 2021, the Constitutional Court ruled that due to “UNHCR International Protection Considerations with Regard to People Fleeing the Republic of Iraq” from May 2019, Sunni Arab men and boys of fighting age, who lived in an area under ISIS control and/or where ISIS maintains a presence and women and children associated with real or perceived ISIS members on account of their family or tribal relations meet a specific risk profile as they are under general suspicion of supporting ISIS. Therefore, people fulfilling these characteristics are likely in need of international refugee protection, depending on the individual circumstances of the case. Referring to the UNHCR International Protection Considerations as well as the “EASO Country Guidance: Iraq” from January 2021 the Constitutional Court ruled that the Federal Administrative Court must duly take into consideration the individual situation of the complainant against the backdrop of the specific risk profile in case the complainant has put forward fear of persecution because of the affiliation to the risk profile in a substantiated way. In the present case the Federal Administrative Court assumed that the alleged threat by Shiite militias was due to the battles between ISIS, militias and Iraqi units at that time and has not been directed against the complainant or his family directly. It denied an individual persecution without considering that the complainant – a Sunni Arab of fighting age, who lived in an area under ISIS control – was meeting a specific risk profile. The Federal Administrative Court’s findings were thus found to be arbitrary by the Constitutional Court.

27 January 2022 | Judicial Body: Austria: Constitutional Court of Austria (Verfassungsgerichtshof) | Topic(s): Armed forces / Military - Asylum-seekers - International armed conflict - Social group persecution | Countries: Austria - Iraq

31 October 2014 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Armed groups / Militias / Paramilitary forces / Resistance movements - Persecution based on political opinion - Religious persecution (including forced conversion) - Shia - Social group persecution | Countries: Australia - Iraq

2 April 2013 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Racial / Ethnic persecution - Refugee status determination (RSD) / Asylum procedures - Religious persecution (including forced conversion) - Returnees - Social group persecution - Statelessness - Statelessness Determination Procedures - Sunni | Countries: Australia - Iraq - Kuwait

1 April 2013 | Judicial Body: Australia: Refugee Review Tribunal | Countries: Australia - Iraq

12 September 2012 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Persecution based on political opinion - Religious discrimination - Shia - Social group discrimination - Social group persecution | Countries: Australia - Iraq

17 May 2012 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Muslim - Shia - Social group persecution | Countries: Australia - Iraq

6 March 2012 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Persecution based on political opinion - Social group persecution | Countries: Australia - Iraq

17 June 2011 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Country of origin information (COI) - Persecution based on political opinion - Political parties - Religious persecution (including forced conversion) - Social group persecution - Sunni | Countries: Australia - Iraq

Heard at Field House on 16 May 2011.

16 May 2011 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Religious persecution (including forced conversion) - Shia - Social group persecution - Sunni | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

7 June 2010 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Country of origin information (COI) - Gender-based persecution - Honour killings - Religious persecution (including forced conversion) - Sexual and gender-based violence (SGBV) - Single heads of household - Social group persecution - Sunni - Women-at-risk | Countries: Australia - Iraq