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DK: The Refugee Board dismissed asylum request of Syrian applicant due to a change in the situation in Damascus.

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Other Source/Information:
Referral to the CJEU
Original Documents
Relevant Legislative Provisions
European Convention on Human Rights;
Denmark, Refugee Appeals Board [Flygtningenævnet], Applicant (Syria) v Danish Immigration Service (no. 2), 29 May 2020. Link redirects to the English summary in the EUAA Case Law Database.
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Case history
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The applicant is an ethnic Arab and Sunni Muslim from Damascus, Syria. As a reason for asylum, the applicant fears her former parent-in-law in Syria because she is divorced. She claimed that both she and her family in Syria have received telephone threats from her former spouse and his family after she has applied for divorce. The applicant also referred to the general situation in Syria.

The Immigration Service dismissed the applicant's request for asylum and the applicant appealed the decision.

Refugee Appeals Board upheld the decision of the Immigration Service, holding that the threats by her former spouse ceased when she reported him to the police in Denmark and that the threats from the family of her father-in-law ended when both she and her family changed telephone numbers. The Refugee Board considered that the applicant has not shown any plausible evidence that her conflict with the family-in-law is of a nature or intensity such as to justify the grant of a residence permit under Section 7 (1) or (2) of the Aliens Act. In addition, neither the applicant nor her family has at any time experienced problems with the Syrian authorities, even though her brothers have not completed military service and the brother deserted and has been granted asylum in another European country. Furthermore, the Refugee Appeals Board observed that the applicant has family in Syria that helped her and supported her divorc, so that she will not be considered as a single woman without networks on a return to Syria.

It further held that since June 2019, the situation in Damascus is no longer such that any person would be in a real risk of being subjected to abuses contrary to Article 3 of the ECHR solely because of mere presence in the area.

Thus, the Refugee Appeals Board confirmed the decision of the Immigration Service and held that the applicant must leave Denmark withing seven days from the date of service.

Country of Decision
Court Name
DK: Refugee Appeals Board [Flygtningenævnet]
Case Number
Date of Decision
Country of Origin