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17/02/2023
SI: The Administrative Court ruled that very precise, non-selective and objective consideration of relevant information about the situation in country of origin is necessary for applicants from Afghanistan and that the circumstance that the applicant's wife was employed in the army was a legally relevant circumstance for establishing a well-founded fear of persecution of the applicant, because he could be more easily discovered by the Taliban.

ECLI
ECLI:SI:UPRS:2023:IU1130.2021.47
Input Provided By
EUAA Courts and Tribunals Network
Other Source/Information
Type
Judgment
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
Slovenia, Administrative Court [Upravno sodišče], AA v Ministry of the Interior, I U 1130/2021, ECLI:SI:UPRS:2023:IU1130.2021.47, 17 February 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=4013
Case history
Other information
Abstract

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


"From the judgment of the CJEU in the case of C-280/21 (P.I.) it follows that the broad interpretation of the term "political belief" as a reason for persecution within the meaning of Article 10(1)(e) of Directive 2011/95 means that the competent authorities of the Member States must, when determining the existence of such beliefs and the causal link between them and acts of persecution, "take into account the general framework of the applicant's country of origin for refugee status, especially its political, legal, judicial, historical and socio-cultural component." In the case of an applicant for international protection from Afghanistan, this is not possible without very precise, non-selective and objective consideration of relevant information about the situation in country of origin. The circumstance that the applicant's wife was employed in the army is a legally relevant circumstance for establishing a well-founded fear of persecution of the applicant, because he could be more easily discovered by the Taliban. The court notes that the applicant has succeeded in justifying, as far as it is practically possible, that there are reasonable grounds for believing that he would be exposed to a real danger of persecution or that the threat of persecution is serious. According to the established standard, the applicant does not have to prove that it is more likely than not that he will be prosecuted or that the subjects of protection will be unable or unwilling to protect him. Since he fulfilled this burden of proof, it was up to the Ministry, who is the competent authority to decide on the application, to dispel any doubt about the alleged persecution, but the Ministry failed to do so."


Country of Decision
Slovenia
Court Name
SI: Administrative Court [Upravno sodišče]
Case Number
I U 1130/2021
Date of Decision
17/02/2023
Country of Origin
Afghanistan
Keywords
Political opinion