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Document 62008CA0175
Joined Cases C-175/08, C-176/08, C-178/08 and C-179/08: Judgment of the Court (Grand Chamber) of 2 March 2010 (references for a preliminary ruling from the Bundesverwaltungsgericht — Germany) — Aydin Salahadin Abdulla (C-175/08), Kamil Hasan (C-176/08), Ahmed Adem, Hamrin Mosa Rashi (C-178/08), Dler Jamal (C-179/08) v Bundesrepublik Deutschland (Directive 2004/83/EC — Minimum standards for determining who qualifies for refugee status or for subsidiary protection status — Classification as a refugee — Article 2(c) — Cessation of refugee status — Article 11 — Change of circumstances — Article 11(1)(e) — Refugee — Unfounded fear of persecution — Assessment — Article 11(2) — Revocation of refugee status — Proof — Article 14(2))
Joined Cases C-175/08, C-176/08, C-178/08 and C-179/08: Judgment of the Court (Grand Chamber) of 2 March 2010 (references for a preliminary ruling from the Bundesverwaltungsgericht — Germany) — Aydin Salahadin Abdulla (C-175/08), Kamil Hasan (C-176/08), Ahmed Adem, Hamrin Mosa Rashi (C-178/08), Dler Jamal (C-179/08) v Bundesrepublik Deutschland (Directive 2004/83/EC — Minimum standards for determining who qualifies for refugee status or for subsidiary protection status — Classification as a refugee — Article 2(c) — Cessation of refugee status — Article 11 — Change of circumstances — Article 11(1)(e) — Refugee — Unfounded fear of persecution — Assessment — Article 11(2) — Revocation of refugee status — Proof — Article 14(2))
Joined Cases C-175/08, C-176/08, C-178/08 and C-179/08: Judgment of the Court (Grand Chamber) of 2 March 2010 (references for a preliminary ruling from the Bundesverwaltungsgericht — Germany) — Aydin Salahadin Abdulla (C-175/08), Kamil Hasan (C-176/08), Ahmed Adem, Hamrin Mosa Rashi (C-178/08), Dler Jamal (C-179/08) v Bundesrepublik Deutschland (Directive 2004/83/EC — Minimum standards for determining who qualifies for refugee status or for subsidiary protection status — Classification as a refugee — Article 2(c) — Cessation of refugee status — Article 11 — Change of circumstances — Article 11(1)(e) — Refugee — Unfounded fear of persecution — Assessment — Article 11(2) — Revocation of refugee status — Proof — Article 14(2))
OJ C 113, 1.5.2010, p. 4–5
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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1.5.2010 |
EN |
Official Journal of the European Union |
C 113/4 |
Judgment of the Court (Grand Chamber) of 2 March 2010 (references for a preliminary ruling from the Bundesverwaltungsgericht — Germany) — Aydin Salahadin Abdulla (C-175/08), Kamil Hasan (C-176/08), Ahmed Adem, Hamrin Mosa Rashi (C-178/08), Dler Jamal (C-179/08) v Bundesrepublik Deutschland
(Joined Cases C-175/08, C-176/08, C-178/08 and C-179/08) (1)
(Directive 2004/83/EC - Minimum standards for determining who qualifies for refugee status or for subsidiary protection status - Classification as a ‘refugee’ - Article 2(c) - Cessation of refugee status - Article 11 - Change of circumstances - Article 11(1)(e) - Refugee - Unfounded fear of persecution - Assessment - Article 11(2) - Revocation of refugee status - Proof - Article 14(2))
2010/C 113/06
Language of the case: German
Referring court
Bundesverwaltungsgericht
Parties to the main proceedings
Applicants: Aydin Salahadin Abdulla (C-175/08), Kamil Hasan (C-176/08), Ahmed Adem, Hamrin Mosa Rashi (C-178/08), Dler Jamal (C-179/08),
Defendant: Bundesrepublik Deutschland
Re:
References for a preliminary ruling — Bundesvewaltungsgericht — Interpretation of Article 11(1) (e) of Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted (OJ 2004 L 304, p. 12) — Decisions of the national authority putting an end to the refugee status of the parties concerned solely on the basis of the finding that their fear of persecution no longer exists, without examining additional conditions concerning the political situation in their country of origin — Iraqi citizens whose refugee status was withdrawn following the fall of Saddam Hussein’s regime
Operative part of the judgment
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1. |
Article 11(1)(e) of Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted must be interpreted as meaning that:
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2. |
When the circumstances which resulted in the granting of refugee status have ceased to exist and the competent authorities of the Member State verify that there are no other circumstances which could justify a fear of persecution on the part of the person concerned either for the same reason as that initially at issue or for one of the other reasons set out in Article 2(c) of Directive 2004/83, the standard of probability used to assess the risk stemming from those other circumstances is the same as that applied when refugee status was granted. |
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3. |
In so far as it provides indications as to the scope of the evidential value to be attached to previous acts or threats of persecution, Article 4(4) of Directive 2004/83 may apply when the competent authorities plan to withdraw refugee status under Article 11(1)(e) of that directive and the person concerned, in order to demonstrate that there is still a well-founded fear of persecution, relies on circumstances other than those as a result of which he was recognised as being a refugee. However, that may normally be the case only when the reason for persecution is different from that accepted at the time when refugee status was granted and only when there are earlier acts or threats of persecution which are connected with the reason for persecution being examined at that stage. |