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25/10/2023
BE: The CALL granted refugee status to an Afghan accompanied minor on the ground of his political opinion, highlighting the reasonable likelihood that he would be perceived as westernised upon return, as he spent his formative years in Europe.

ECLI
Input Provided By
EUAA Courts and Tribunals Network
Other Source/Information
Type
Decision
Original Documents
Relevant Legislative Provisions
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], Applicant v Commissioner General for Refugees and Stateless Persons (CGRS), No 296 228, 25 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=3915
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 accompanied minor of Afghan nationality. The CALL first established, with reference to recent case law of the European Court of Justice, that demands for international protection based on an (imputed) westernisation or “violation of norms” abroad may be related to the persecution grounds of political or religious belief or belonging to a specific social group. From the available COI, it cannot be concluded that every Afghan national returning to his country of origin will have a well-founded fear of prosecution because of his stay in Europe.


In the present case, the CALL decided that, having regard to the totality of the individual risk determining circumstances present which should be considered cumulatively in light of the overall country-of-origin information, the applicant made it plausible that there is a real possibility that, should he return to his region and village of origin, he would stand out and fall into the negative attention of the local community and members and supporters of the Taliban. Keeping in mind the principle of the best interests of the child, the CALL found it reasonably likely that the applicant would be perceived, inter alia because of his trajectory and the nature of his activities in Belgium during a crucial period in his development as an adolescent, as a person who has westernised or has transgressed religious, moral or social norms. Thus, the CALL concluded that a well-founded fear of persecution could be established in this case on the basis of an imputed political opinion and that no reasonable protection was available in his country of origin."


Country of Decision
Belgium
Court Name
BE: Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL]
Case Number
No 296 228
Date of Decision
25/10/2023
Country of Origin
Afghanistan
Keywords
Afghanistan
Minor / Best interests of the child
Political opinion
Westernisation