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E 2372/2021-17

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) | Document type: Case Law | Topic(s): Armed forces / Military - Asylum-seekers - International armed conflict - Social group persecution | Countries: Austria - Iraq

International Protection Considerations with Regard to People Fleeing the Republic of Iraq

May 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Country/Situation Specific Position Papers

Iraq: Information on the treatment of atheists and apostates by society and authorities in Erbil; state protection available (2013-September 2016)

2 September 2016 | Publisher: Canada: Immigration and Refugee Board of Canada | Document type: Query Responses

Iraq : information sur le traitement réservé aux athées et aux apostats par la société et les autorités à Erbil; protection offerte par l'État (2013-septembre 2016)

2 September 2016 | Publisher: Canada: Immigration and Refugee Board of Canada | Document type: Query Responses

Widespread human rights violations being committed by all parties in Iraq – UN report

13 July 2015 | Publisher: UN News Service | Document type: Country News

Informationszentrum Asyl und Migration Briefing Notes (9 März 2015)

9 March 2015 | Publisher: Germany: Federal Office for Migration and Asylum | Document type: Country News

Informationszentrum Asyl und Migration Briefing Notes (9 März 2015)

9 March 2015 | Publisher: Germany: Federal Office for Migration and Asylum | Document type: Country News

Information Centre Asylum and Migration: Briefing Notes (9 March 2015)

9 March 2015 | Publisher: Germany: Federal Office for Migration and Asylum | Document type: Country News

We're Here: Iraqi LGBT People's Accounts of Violence and Rights Abuse

November 2014 | Publisher: OutRight Action International | Document type: Country Reports

RRT Case No. 1401030

31 October 2014 | Judicial Body: Australia: Refugee Review Tribunal | Document type: Case Law | 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

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