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22/10/2024
DK: The Refugee Appeals Board decided in two cases concerning people from the province of Homs (Syria) that there is no basis for assuming that anyone will be at real risk of being subjected to treatment in violation of Article 3 of the ECHR solely as a result of mere presence in that area.
22/10/2024
DK: The Refugee Appeals Board decided in two cases concerning people from the province of Homs (Syria) that there is no basis for assuming that anyone will be at real risk of being subjected to treatment in violation of Article 3 of the ECHR solely as a result of mere presence in that area.

ECLI
Input Provided By
EUAA Information and Analysis Sector (IAS)
Other Source/Information
Type
Decision
Original Documents
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR)
Reference
Denmark, Refugee Appeals Board [Flygtningenævnet], Applicants v Danish Immigration Service (Udlændingestyrelsen‚ DIS), 22 October 2024. 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=4656
Case history
Other information
Abstract

In two cases, the Danish Immigration Service refused to extend the residence permit for persons who have been granted temporary protection status, due to the general conditions in Syria, pursuant to Section 7(3) of the Immigration Act.


In both cases, the Refugee Board has agreed with the Danish Immigration Service's assessment that the conditions in Homs no longer justify a continued residence permit based on Section 7(3) of the Immigration Act and found no basis for granting them a residence permit pursuant to Section 7(1) and (2), on the basis of their individual circumstances.


In one of the cases, the board found that Article 8 of the ECHR prevented a refusal to extend the residence permit due to close family ties in this country.


Regarding the assessment of the general conditions in Homs, the Refugee Board stated that the security situation in Homs province remains serious and fragile, but that it does not have such a character that there is a basis for assuming that anyone will be at real risk of being subjected to treatment in violation of Article 3 of the ECHR solely as a result of the mere presence in the area.


The Refugee Board also noted that the conflict between, among others, Israel and Lebanese Hezbollah in the Middle East, which also negatively affects the situation in Homs province, cannot lead to a different assessment of the current situation.


Country of Decision
Denmark
Court Name
DK: Refugee Appeals Board [Flygtningenævnet]
Case Number
Date of Decision
22/10/2024
Country of Origin
Syria
Keywords
Indiscriminate violence
Subsidiary Protection