Case Law

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

29 July 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): 1951 Refugee Convention - Armed forces / Military - Christian - Persecution based on political opinion - Physical harm - Religious discrimination - Religious persecution (including forced conversion) - Threats / Intimidation | Countries: Australia - Iraq

Forty-third session.

10 December 2009 | Judicial Body: UN Committee Against Torture (CAT) | Topic(s): Armed forces / Military - Complementary forms of protection - Convention against Torture (CAT) - Crimes against humanity - Deportation / Forcible return - Exclusion clauses - Exhaustion of domestic remedies - Freedom from torture, inhuman and degrading treatment - Non-refoulement - Rejected asylum-seekers | Countries: Canada - Iraq

Heard at Birmingham, 10 June 2008 and Field House, 23 January 2009. NH (Iraq-Yazidis) Iraq CG [2004] UKIAT 00306 is no longer to be followed.

2 December 2009 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Armed forces / Military - Armed groups / Militias / Paramilitary forces / Resistance movements - Combatants / Former combatants - Country of origin information (COI) - International humanitarian law (IHL) / Geneva Conventions - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Non-state agents of persecution - Persecution based on political opinion - Refugee status determination (RSD) / Asylum procedures - Religious persecution (including forced conversion) - Right to life - Security situation - War crimes - Yazīdī | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

20 January 2009 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Armed forces / Military - Christian - Country of origin information (COI) - Criminal justice - Deportation / Forcible return - Extrajudicial executions - Freedom from torture, inhuman and degrading treatment - Non-state agents of persecution - Persecution based on political opinion - Religious persecution (including forced conversion) - Right to life - Security situation | Countries: Iraq - Sweden

Applications for permission to apply for judicial review.

10 September 2008 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Armed forces / Military - Asylum policy - Exceptional leave to remain (ELR) | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

On appeal from the Asylum and Immigration Tribunal [AIT No: HX/0911/2004].

5 July 2007 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Armed forces / Military - Country of origin information (COI) - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Persecution based on political opinion | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland