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28/10/2022
BE: The Council for Alien Law Litigation ruled that the situation in the Koulikoro 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
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 279 715, 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=3237
Case history
Other information

CALL, X v Commissaire général aux réfugiés et aux apatrides (CGRS), No 279 690, 28 October 2022

CALL, X v Commissaire général aux réfugiés et aux apatrides (CGRS), No 279 705, 28 October 2022

CALL, X v Commissaire général aux réfugiés et aux apatrides (CGRS), No 279 716, 28 October 2022

 
Abstract

The Council for Alien Law Litigation (CALL) confirmed the existenceof an armed conflict in the region of Koulikoro, in the south of Mali. 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. The CALL's conclusion in this regard was drawn from the observation that incidents in the region were spaced out in time and caused a limited number of victims.


Consequently, in order to be granted subsidiary protection, it was required from the applicant 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 279 715
Date of Decision
28/10/2022
Country of Origin
Mali
Keywords
Assessment of Application
Country of Origin Information
First Instance determination
Indiscriminate violence