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16/06/2022
EE: The Administrative Court of Tallinn confirmed negative decision as applicant is not eligible and Cameroon is considered as safe country of origin

ECLI
ECLI:EE:TLHK:2022:3.22.1098.11579
Input Provided By
EUAA Information and Analysis Sector (IAS)
Type
Judgment
Original Documents
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
Estonia, Administrative Courts [Halduskohtud], Applicant v Police and Border Guard Board, 3-22-1098 , ECLI:EE:TLHK:2022:3.22.1098.11579, 16 June 2022. 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=2682
Case history
Other information
Abstract

The applicant, a national from Cameroon, contested the rejection of his application for international protection in Estonia. During the interview before the determining authority, the applicant explained that he feared the military and security authorities in his home country, who kill people precisely in the English-speaking part of X. The applicant belongs to the English-speaking part of X. The determining authority considered that it is unlikely for the applicant to be persecuted because of his origin, and although it noted that, according to various sources, armed groups and government forces have committed human rights violations in anglophones areas of the country of origin, however, the applicant profile does not reveal that he could be regarded as an anti-government anglophone, his claim being unsubstantiated.


The Administrative Court of Tallin rejected the appeal with regards to the application for international protection but annulled the part on ban on entry into the territory.


In order to reject the appeal, the court noted that the applicant does not meet the eligibility criteria for being granted international protection nor subsidiary protection. It found that the applicant expressed fears because he is from the anglophone part of the country and because the situation worsened in Cameroon, however the applicant has never experienced problems with the authorities or the military during the period when atrocities took place. Moreover, Cameroon is considered to be a safe country of origin and based on various reports on country-of-origin situation, it was noted that although discrimination acts were reported, however not all discriminatory acts constitute persecution that would justify being granted international protection. According to the court, the applicant could eventually start a new life in a calmer part of the country and in view of his profile and professional qualifications and experience, the applicant could relocate and there are no obstacles to return. The Court also added that, according to the latest EASO statistics, the probability of obtaining international protection for persons from Cameroon is 22 % (EASO: Latest asylum trends — March 2022 - https://www.easo.europa.eu/latest-asylum-trends).


Country of Decision
Estonia
Court Name
EE: Administrative Courts [Halduskohtud]
Case Number
3-22-1098
Date of Decision
16/06/2022
Country of Origin
Unknown
Keywords
Assessment of Application
Country of Origin Information
EUAA Other Materials
Safe Country concept/Safe Country of Origin/ Safe third country
Other Source/Information
Riigi Teataja website