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28/10/2022
BE: The Council for Alien Law Litigation ruled that the situation in the Kayes region, south of Mali, did not reach the level of indiscriminate violence where mere presence there entails a real risk of serious threat to life or person.

ECLI
Input Provided By
EUAA IDS
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
EU Charter of Fundamental Rights ; European Convention on Human Rights; Revised Asylum Procedures Directive (Directive 2013/32/EU on common procedures for granting and withdrawing international protection) and/or APD 2005/85/CE; Revised 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)/or QD 2004/83/EC
Reference
Belgium, Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL], X v Commissaire général aux réfugiés et aux apatrides (CGRS), No 279 690, 28 October 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=3235
Case history
Abstract

The Council for Alien Law Litigation (CALL) reaffirmed the existence of an armed conflict in the region of Kayes, in Mali, from where the applicant originated. However, based on country of origin information, it noted that the situation did not reach the requirement of high level indiscriminate violence which would trigger the general application to all civilians of article 15(c) of the recast Qualification Directive. In this regard, the CALL's conclusion took into account that the security situation in the Kayes region is such that it should be closely monitored and that national authorities shall exert enhanced due diligence in processing applications for international protection by persons originating from there. Nevertheless, the CALL observed that incidents in the region were rather rare, spaced out in time and caused a limited number of victims, which did not correspond to a high level of indiscriminate violence.


With regards to the applicant's request, it was required from him, in order to be granted subsidiary protection, to establish personal circumstances aggravating the risk for him to become a victim of the armed conflict present in the region upon return to Mali. In the absence of such personal circumstances, the CALL confirmed the CGRS's decision to reject the applicant's request for refugee status or subsidiary protection.


Country of Decision
Belgium
Court Name
BE: Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL]
Case Number
No 279 690
Date of Decision
28/10/2022
Country of Origin
Mali
Keywords
Assessment of Application
Country of Origin Information
First Instance determination
Indiscriminate violence
Subsidiary Protection