EU court says evaluate concrete cases for asylum

For applicants fleeing war, victim count is not enough

10 June, 16:54

    BRUSSELS - The European Court of Justice issued a judgment Thursday on a case of the protection of migrants fleeing war that said in order to evaluate the risk of an armed conflict, the individual case must be considered and the consideration must not be limited to applying quantitative standards such as a minimum threshold of civilian victims.

    The case concerned two Afghan nationals whose requests for asylum in Germany were rejected.

    "When considering an application for subsidiary protection, the competent authorities of the Member States must examine all the relevant circumstances which characterise the situation of the country of origin of the applicant in order to determine the intensity of an armed conflict," the judges said.

    "The systematic application by the competent authorities of the Member States of a single quantitative criterion such as a minimum threshold of civilian casualties may exclude persons genuinely in need of protection," the judgment said.

    The court specified that national legislation according to which a finding of 'serious and individual threat' depends on the ratio between the number of civilian casualties and the total number of individuals in the relevant area reaching a fixed threshold "is not compatible" with the directive on international protection of refugees.

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