International law / EU Qualification Directive

In the light of the foregoing considerations, I propose that the Court should answer the first and second questions referred for a preliminary ruling by the Verwaltungsgerichtshof Baden-Württemberg (Higher Administrative Court, Baden-Württemberg, Germany) as follows: 1. Article 15(c), read in conjunction with Article 2(f), 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, must be interpreted as precluding a national practice whereby a finding of serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of armed conflict, within the meaning of that provision, can be made, in a case where that civilian is not specifically targeted by reason of factors particular to his or her circumstances, only if the ratio between the number of casualties in the area in question and the total number of individuals making up the population of that area reaches a fixed threshold. 2. In order to verify the level of the degree of indiscriminate violence of the armed conflict, for the purposes of determining whether there is a real risk of serious harm within the meaning of Article 15(c) of Directive 2011/95, it is necessary to carry out a comprehensive assessment, both quantitative and qualitative in nature, of all relevant facts characterising that conflict, based on the collection of objective, reliable and up-to-date information including, in particular, the geographical scope of the situation of indiscriminate violence, the actual destination of the applicant in the event that he or she is returned to the relevant country or region, the intensity of the armed confrontations, the duration of the conflict, the level of organisation of the armed forces involved, the number of civilians killed, injured or displaced as a result of the fighting, and the nature of the methods or tactics of warfare employed by the parties to the conflict.

24 February 2021 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Topic(s): EU Qualification Directive | Countries: Afghanistan - Germany

21 September 2020 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Court Interventions / Amicus Curiae

July 2015 | Publisher: European Union: European Asylum Support Office (EASO) | Document type: Thematic Reports

2 December 2014 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Topic(s): Credibility assessment - EU Qualification Directive - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity | Countries: Afghanistan - Gambia - Netherlands - Uganda

25 February 2014 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Court Interventions / Amicus Curiae

21 August 2013 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Court Interventions / Amicus Curiae

18 May 2012 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Topic(s): Country of origin information (COI) - EU Qualification Directive - IDP camps - Internal armed conflict - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Internally displaced persons (IDPs) | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

December 2011 | Publisher: Consonant (formerly Asylum Aid) | Document type: Country Reports

23 December 2010 | Judicial Body: France: Cour nationale du droit d'asile | Document type: Case Law | Topic(s): Complementary forms of protection - EU Qualification Directive - Internal armed conflict | Countries: Afghanistan - France

Application for judicial review.

21 December 2010 | Judicial Body: United Kingdom: High Court (England and Wales) | Document type: Case Law | Topic(s): Appeal / Right to appeal - Complementary forms of protection - Country of origin information (COI) - EU Qualification Directive - Fresh / New claim - Internal armed conflict | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland