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30/04/2021
BE: The CALL granted refugee status to an applicant from Turkey based on individual circumstances and due to insufficient state protection for gender based violence

ECLI
Input Provided By
EUAA IDS
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR)
Reference
Belgium, Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL], Applicant (Turkey) v Commissaire général aux réfugiés et aux apatrides (CGRS), no. 253 776 , 30 April 2021. 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=1824
Case history
Other information
Abstract

The applicant, Turkish national, was refused international protection by decision of 7 October 2020 by the Office of the Commissioner General for Refugees and Stateless Persons (CGRS), for lack of credibility and insufficient information provided. She contested the decision and argued that the determining authority did not properly assessed her allegations of fear of persecution by her ex-husband’s family (death threats) and her own family because of the divorce and the risk of being forced to marry another man and be separated from her children in case of return to her country of origin.  


The CALL allowed the appeal and held that the CGRS did not sufficiently take into account the particular profile of the applicant, her particular vulnerable situation and her significant psychological fragility which results from the medical certificate provided. Despite some grey points in the statements, the CALL conclude that the applicant provided sufficiently detailed, precise and plausible information in order to consider that she was victim of threats following the divorce and the benefit of doubt is being granted to her. Since the applicant complains of a fear of persecution from a non-state actor, the CALL had to look into available state protection. Based on the information provided by the applicant on domestic violence, feminicide and crimes of honour in Turkey, the CALL stated that there seems to be insufficient protection for women victims of violence.


Country of Decision
Belgium
Court Name
BE: Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL]
Case Number
no. 253 776
Date of Decision
30/04/2021
Country of Origin
Türkiye
Keywords
Actors of protection
Assessment of Application
Asylum Procedures/Special Procedures
Country of Origin Information
Credibility
Gender based persecution
Source
CALL