An Afghan minor applied for asylum in Luxembourg claiming fear of persecution due firstly, to his membership in the social group of ‘farmers who are members of the Hazara community', secondly, to his belonging to the Hazara Shiite minority, and lastly, to his 'westernisation'. His application was rejected by the Luxembourg asylum authority in August 2022. The Administrative Tribunal confirmed in August 2024 that the conflict relied on by the appellant to justify a risk of persecution was of a purely private nature, with no political connotations, that the mere fact of belonging to the Hazara ethnic group and being of the Shiite faith was insufficient to justify fear of persecution, and lastly that no concrete evidence had been provided concerning his ‘westernisation'.

The minor appealed the Administrative Tribunal's decision before the Administrative Court which found that the farmers who are members of the Hazara community cannot be considered a particular social group with its own identity in Afghanistan, so as to be perceived by the society as being different. Moreover, the court considered that the land conflict between his family and the Taliban was not motivated by one of the grounds of the 1951 Refugee Convention. Regarding the applicants' Hazara ethnicity, the court referred to its previous jurisprudence in which it noted that in the current situation the Hazara ethnic group cannot be considered victim of systemic persecution. The court finally stated that living in Europe for several years and showing integration were not sufficient to prove 'westernisation'.