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10/10/2019
EE: Tallinn Court of Appeal rules on political situation in Gambia

ECLI
Input Provided By
EUAA Courts and Tribunals Network
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
Revised Qualification Directive (Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as BIP for a uniform status for refugees or for persons eligible for subsidiary protection- recast)/or QD 2004/83/EC
Reference
Estonia, Courts of Appeal (Circuit Courts) [Ringkonnakohtud], M.L.J. (Gambia) v Politsei- ja Piirivalveamet (Police and Border Guard Board), 3-19-760, 10 October 2019. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1015
Case history
Other information
Abstract

The judgment involved a citizen of Gambia who had been granted refugee status in 2016 on the ground that the applicant’s father who had been a high government official was later seen as a political opponent to the governing regime. The competent body ended the international protection in 2019, relying on COI according to which the political situation in Gambia had changed.


The court of appeal noted that in order to establish the significant and non-temporary change of circumstances, one must compare the current situation with the situation that existed when the refugee status was granted. The court found that since the political regime in Gambia had changed, the person concerned could no longer continue to refuse to avail himself of the protection of the country of nationality. The court also noted that the person herself had not been persecuted in Gambia. 


Country of Decision
Estonia
Court Name
EE: Courts of Appeal (Circuit Courts) [Ringkonnakohtud]
Case Number
3-19-760
Date of Decision
10/10/2019
Country of Origin
Gambia
Keywords
Cessation of protection
Country of Origin Information
Withdrawal/End/Revocation/Renewal of Protection