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28/05/2020
BE: The CALL held that the risks arising from the COVID-19 pandemic do not justify a need for international protection as such risks are not due to an actor of persecution

ECLI
Input Provided By
EUAA Queries
Other Source/Information
Type
Judgment
Relevant Legislative Provisions
Recast 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 QD)/or QD 2004/83/EC
Reference
Belgium, Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL], X (Georgia) v Office of the Commissioner General for Refugees and Stateless Persons (Commissaire général aux réfugiés et aux apatrides, CGRS), no. 236 159, 28 May 2020. 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=1210
Case history
Other information
Abstract

The applicant applied for asylum alledging she was the victim of harassement and domestic violence. This claim was rejected by the CGRS. She then further appealed claiming that the COVID-19 pandemic substantialy changed her situation.


The court noted that the applicant did not bring any further evidence to substantiate her need of protection due to harassement and domestic violence, but she brought up a generic argumentation about the pandemic, without showing how this would change concretely her situation regarding her need for international protection. The court underlined that the risks arising from the pandemic are not caused by one of the actors of persecution, as foreseen under Belgian legislation and the recast Qualification Directive, Article 6. The court observed that the fact that there are travel restrictions to Georgia and only Georgian nationals can enter the country does not prove that the applicant would be subject to torture or inhuman or degreading treatment (as defined under ECHR, Article 3) and it also does not suggest that the pandemic situation is more serious in Georgia than in Belgium.


Country of Decision
Belgium
Court Name
BE: Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL]
Case Number
no. 236 159
Date of Decision
28/05/2020
Country of Origin
Georgia
Keywords
Actors of protection
COVID-19/Emergency measures
First instance determination
Original Documents