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09/10/2023
DE: The Regional Administrative Court of Magdeburg granted subsidiary protection for a single woman with two children from India

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
Germany, Regional Administrative Court [Verwaltungsgericht], Applicants v Federal Office for Migration and Refugees (Bundesamt für Migration und Flüchtlinge, BAMF), No 5 A 40/22 MD, 09 October 2023. 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=3868
Case history
Other information
Abstract

The case concerned a divorced mother and her two children of Indian nationality whose asylum applications were rejected by decision of 4 March 2023 and who received a deportation threat to India by the BAMF. The BAMF reasoned that there were no grounds meeting the requirements of asylum, subsidiary protection and national deportation bans, and that the applicants could find protection in a different part of India. The applicants lodged an appeal against this decision before the Regional Administrative Court of Magdeburg.


The Regional Administrative Court of Magdeburg held that because the first applicant  had left her husband, there was a real risk that her ex-husband's family members would persecute her upon return to India, because separation from their family members was seen as a violation of family honor. The Regional Administrative Court of Magdeburg further held that as a single mother, the first applicant could not expect protection due to deeply rooted social traditions that were characterised by systematic disadvantage, discrimination, exploitation, oppression, and a lack of sexual self-determination for (single) women. For the same reason, she would not be able to build even a modest existence for herself and her children.


Based on the above, the Administrative Court of Magdeburg decided that there was a real risk that the applicants would be exposed to degrading treatment upon return to India. The court therefore overruled the decision of the BAMF and granted subsidiary protection.


Country of Decision
Germany
Court Name
DE: Regional Administrative Court [Verwaltungsgericht]
Case Number
No 5 A 40/22 MD
Date of Decision
09/10/2023
Country of Origin
India
Keywords
Internal protection alternative/ flight alternative
Subsidiary Protection
Torture or inhuman or degrading treatment or punishment
Source
Asyl.net