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28/03/2023
BE: The CALL granted refugee status to an Afghan national based on ethnicity and religious grounds in light of his Hazara ethnicity, religious affiliation as a Shia and deviation from the 'norm' due to his mental condition and (perceived) westernisation.
28/03/2023
BE: The CALL granted refugee status to an Afghan national based on ethnicity and religious grounds in light of his Hazara ethnicity, religious affiliation as a Shia and deviation from the 'norm' due to his mental condition and (perceived) westernisation.

ECLI
Input Provided By
EUAA Courts and Tribunals Network
Other Source/Information
Type
Decision
Original Documents
Relevant Legislative Provisions
Recast Asylum Procedures Directive (Directive 2013/32/EU on common procedures for granting and withdrawing international protection) (recast APD) and/or APD 2005/85/CE; 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
Belgium, Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL], X v Commissioner General for Refugees and Stateless Persons (CGRS), No 286 771, 28 March 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=3914
Case history
Other information
Abstract

According to the summary provided by the EUAA Courts and Tribunals Network:


"The Council for Alien Law Litigation granted refugee status to an Afghan national on the grounds that the totality of the applicant's individual circumstances (his Hazara ethnicity, his Shia religious affiliation and his deviation from the 'norm' due to a combination of his mental health problems and his long-term stay in Europe), assessed cumulatively, seen in relation to each other, as well as weighed up in the light of current precarious situation of Hazara and Shiite Muslims in Afghanistan is sufficient in this case to assume a well-founded fear of persecution on the applicant's part. In view of his Hazara ethnicity, religious affiliation as a Shia and his mental health problems and (perceived) westernisation, a link can be established in this case between the feared persecution and an (imputed) political or religious belief."


Country of Decision
Belgium
Court Name
BE: Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL]
Case Number
No 286 771
Date of Decision
28/03/2023
Country of Origin
Afghanistan
Keywords
EUAA COI Reports
EUAA Country Guidance Materials
EUAA Other Materials
Medical condition
Political opinion
Religion/ Religious Groups
Identifying with the value of equality between women and men