Skip Ribbon Commands
Skip to main content
25/07/2023
BE: The CALL, based on cumulative factors, granted refugee status to a "westernised" Afghan applicant of Tajik ethnicity on the grounds of an imputed religious opinion.

ECLI
Input Provided By
EUAA Courts and Tribunals Network
Other Source/Information
Type
Decision
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 Commissioner General for Refugees and Stateless Persons (CGRS), No 292 315, 25 July 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=3920
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 it could not be ruled out, in view of the particular circumstances of the case and of all cumulative factors, that would he suffer persecution if he returned to Afghanistan because of his westernised lifestyle. Said circumstances and cumulative factors included the length of the applicant's stay in Europe, his behaviour, his lack of religious practice, the conversion to Christianity that could be attributed to him in view of his tattoo and his Tajik ethnic origin. The CALL concluded that, in the applicant's case, a well-founded fear of persecution could be established on the basis of an imputed religious 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 292 315
Date of Decision
25/07/2023
Country of Origin
Afghanistan
Keywords
Afghanistan
Assessment of Application
Country of Origin Information
Ethnicity/race
EUAA COI Reports
EUAA Country Guidance Materials
Political opinion
Religion/ Religious Groups
Westernisation