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07/11/2023
BE: The CALL ruled that Afghan applicants, who stayed in Europe but cannot demonstrate that they would be perceived as westernised or transgressing or violating religious, moral and social norms, cannot justify a well-founded fear of persecution based on these grounds.

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], X v Commissioner General for Refugees and Stateless Persons (CGRS), No 296 689, 07 November 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=3916
Case history
Other information
Abstract

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


"The Council for Alien Law Litigation rejected a request for international protection from an Afghan national. The CALL established, with reference to recent case law of the European Court of Justice, that requests 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 could not be concluded that every Afghan national returning to the country of origin will have a well-founded fear of persecution because of his stay in Europe.


In the present case, the applicant did not demonstrate that he would be perceived as westernised or as having transgressed or violated religious, moral and social norms because of his stay in Belgium."
Country of Decision
Belgium
Court Name
BE: Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL]
Case Number
No 296 689
Date of Decision
07/11/2023
Country of Origin
Afghanistan
Keywords
Afghanistan
EUAA COI Reports
EUAA Country Guidance Materials
Religion/ Religious Groups
Westernisation