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25/11/2021
BE: The CALL overturned a negative decision and found that the stateless applicant justified a fear of persecution in Saudi Arabia; refugee status was granted.

ECLI
Input Provided By
EUAA IDS
Other Source/Information
Type
Judgment
Relevant Legislative Provisions
UN International Covenants / UN Conventions
Reference
Belgium, Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL], Applicant v Commissaire général aux réfugiés et aux apatrides (CGRS), 256 667, 25 November 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=2241
Case history
Other information
Abstract

The applicant, of Palestinian origins, Arab ethnicity and Muslim, has applied for international protection and alleged to have been born in Saudi Arabia where he lived till he travelled to Egypt for studies. He encountered issues in Egypt as he was searched for at his grand parents place, and detained together with other 50 persons of Palestinian origins. The applicant invoked that he further returned to Saudi Arabia and it was difficult to find a job and to live since he was required to provide support of guarantor to reside there. His application for asylum was rejected by the CGRS which assessed that the applicant had no fear of persecution upon return and that the requirements for international protection have not been met. The applicant appealed against the negative decision and argued that the determining authority has insufficiently reasoned over his fear of persecution if returned to Saudi Arabia.


The CALL examined the case and relied on multiple COI reports emerging from different sources on the situation of Palestinians in Egypt and Saudi Arabia. It found that the application shall be examined with regard to the country of habitual residence, in view of the fact that the applicant is stateless, precisely with regard to Saudi Arabia as unique country of residence. On the issue of fear of persecution, the CALL held that the applicant has adduced evidence on a cumulative measures directed against him , since being a child, that would constitute persecution, including discrimination and violence due to his origins. The CALL considered that discriminations and violence which were presented with sufficient precision and credibility, can be assimilated to a form of persecution.


The CALL further stated that once an applicant has proved previous acts of persecution, it is an indication that he can risk to be victim of in the future. Thus, the CALL considered that there is no indication not to believe that the applicant would be at risk of persecution in Saudi Arabia. The CALL held that the fear of persecution of the applicant was well established and decided to grant him refugee status.


Country of Decision
Belgium
Court Name
BE: Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL]
Case Number
256 667
Date of Decision
25/11/2021
Country of Origin
Stateless
Keywords
Assessment of Application
Asylum Procedures/Special Procedures
Country of Origin Information
Ethnicity/race
Statelessness
Source
CALL
Original Documents
RETURN