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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

Iraq: Law No. 2 of 2020: Second Amendment to the Law on Compensation of Victims of War Operations, Military Mistakes and Terrorist Operations

7 January 2020 | Publisher: National Legislative Bodies / National Authorities | Document type: National Legislation

Militants kill 10 Iranian soldiers near Iraqi border

21 July 2018 | Publisher: Radio Free Europe/Radio Liberty | Document type: Country News

Winning the Post-ISIS Battle for Iraq in Sinjar

20 February 2018 | Publisher: International Crisis Group (ICG) | Document type: Country Reports

Iraq: Investigate Killing of School Principal, Cameraman

2 November 2017 | Publisher: Human Rights Watch | Document type: Country News

Report on the Protection of Civilians in the context of the Ninewa Operations and the retaking of Mosul City, 17 October 2016 – 10 July 2017

November 2017 | Publisher: UN Assistance Mission for Iraq (UNAMI) | Document type: Country Reports

Iranian general reportedly played key role in swift takeover of Iraq's Kirkuk

21 October 2017 | Publisher: Radio Free Europe/Radio Liberty | Document type: Country News

Iraq: Investigate Abuses in Hawija Operation

28 September 2017 | Publisher: Human Rights Watch | Document type: Country News

Information Centre Asylum and Migration Briefing Notes (17 July 2017)

17 July 2017 | Publisher: Germany: Federal Office for Migration and Asylum | Document type: Country News

Informationszentrum Asyl und Migration Briefing Notes (17 Juli 2017)

17 July 2017 | Publisher: Germany: Federal Office for Migration and Asylum | Document type: Country News

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