International law

July 2020 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Country Reports

July 2020 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Country Reports

July 2020 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Country Reports

Article 9(3) of Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted is to be interpreted as meaning that there must always be a causal link between the reasons for persecution in Article 10(1) and the acts of persecution defined in Article 9(1), including in cases where an applicant for international protection seeks to rely on Article 9(2)(e) of that directive. – Where an applicant for asylum seeks to invoke Article 9(2)(e) of Directive 2011/95 as the act of persecution, reliance upon that provision does not automatically establish that the person concerned has a well-founded fear of persecution because he holds a political opinion within the meaning of Article 10(1)(e) thereof. It is for the competent national authorities, acting under the supervision of the courts, to establish whether there is a causal link for the purposes of that directive. In conducting that assessment the following factors may be relevant: whether the applicant’s home country is conducting a war; the nature and methods employed by the military authorities in such a war; the availability of country reports documenting matters such as whether recruitment for military service is by conscription; whether the status of conscientious objector is recognised under national law and, if so, the procedures for establishing such status; the treatment of those subject to conscription who refuse to perform military service; the existence or absence of alternatives to military service; and the applicant’s personal circumstances, including his age.

28 May 2020 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Legal Instrument: 2004 Qualification Directive (EU) | Topic(s): EU Qualification Directive - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution based on political opinion | Countries: Germany - Syrian Arab Republic

The concept of ‘protection’ of the ‘country of nationality’ in Article 2(c) and Article 11(1)(e) of Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted refers primarily to State protection on the part of an applicant’s country of nationality. It is nonetheless necessarily implicit in the provisions of Article 7(1)(b) and (2) Directive 2004/83 that in certain instances actors other than the State, such as parties or organisations can supply protection deemed equivalent to State protection in lieu of the State where those non-State actors control all or a substantial part of a State and have also sought to replicate traditional State functions by providing or supporting a functioning legal and policing system based on the rule of law. Mere financial and/or material support provided by non-State actors falls below the threshold of protection envisaged by Article 7 of Directive 2004/83. In order to ascertain whether a person has a well-founded fear of persecution, in accordance with Article 2(c) of Directive 2004/83, from non-State actors, the availability of ‘protection’ as described by Article 7(2) of that directive by actors of protection must be taken into consideration. The same analysis must be conducted in respect of the cessation of refugee status in accordance with Article 11(1)(e) of Directive 2004/83. The term ‘the protection of country of nationality’ in Article 11(1)(e) of Directive 2004/83 implies that any inquiry as to the nature of the protection available in that country in the context of a cessation decision is the same as envisaged by Article 7 of that directive. In order to arrive at the conclusion that a refugee’s fear of being persecuted is no longer well-founded, the competent authorities, by reference to Article 7(2) of Directive 2004/83, must verify, having regard to the refugee’s individual situation, that the actor or actors of protection of the third country in question have taken reasonable steps to prevent the persecution, that they therefore operate, inter alia, an effective legal system for the detection, prosecution and punishment of acts constituting persecution and that the national concerned will have access to such protection if he or she ceases to have refugee status.

30 April 2020 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Legal Instrument: 2004 Qualification Directive (EU) | Topic(s): Cessation clauses - Changes of circumstances in home country - EU Qualification Directive - State protection | Countries: Somalia - United Kingdom of Great Britain and Northern Ireland

April 2020 | Publisher: UN Network on Migration | Document type: Thematic Guidelines

March 2020 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Country Reports

March 2020 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Country Reports

9 January 2020 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Country Reports

12 December 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Comments on National Legislation