Political and security situation / International armed conflict

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

30 January 2014 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Internal armed conflict - International armed conflict - International humanitarian law (IHL) / Geneva Conventions | Countries: Belgium

18 July 2013 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Internal armed conflict - International armed conflict - International humanitarian law (IHL) / Geneva Conventions | Countries: Belgium

16 May 2012 | Judicial Body: Belgium: Conseil d'État | Topic(s): Conflict situation - Internal armed conflict - International armed conflict - International humanitarian law (IHL) / Geneva Conventions | Countries: Belgium

Application for review of decision of Second Secretary, Immigration at the Canadian Embassy in Moscow, Russia. Application granted on basis that the Officer failed to consider other protection on grounds apparent from evidence submitted other than those claimed by applicants.

28 March 2012 | Judicial Body: Canada: Federal Court | Topic(s): Credibility assessment - Evidence (including age and language assessments / medico-legal reports) - Extended definition - Gender discrimination - International armed conflict - Sexual and gender-based violence (SGBV) | Countries: Afghanistan - Canada

This judgment is final but may be subject to editorial revision.

7 July 2011 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): International armed conflict - Pre-trial detention - Right to liberty and security | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

This judgment is final but may be subject to editorial revision.

7 July 2011 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): International armed conflict - Right to life - Security forces - Security situation | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

Inédit au recueil Lebon. La décision du 11 mars 2009 de la Cour nationale du droit d'asile est annulée. L'affaire est renvoyée devant la Cour nationale du droit d'asile.

15 December 2010 | Judicial Body: France: Conseil d'Etat | Countries: Congo, Democratic Republic of the - France

17 August 2009 | Judicial Body: Eritrea-Ethiopia Claims Commission | Topic(s): Conflict situation - International armed conflict - Peace agreements | Countries: Eritrea - Ethiopia

17 August 2009 | Judicial Body: Eritrea-Ethiopia Claims Commission | Topic(s): Conflict situation - International armed conflict - Peace agreements | Countries: Eritrea - Ethiopia