Germany: Refugee status to UNHCR transport commissioner - no internal flight alternative, despite peace treaty between Islamic organisation and Afghan government

Monday, July 3, 2017

On 3 July 2017, the German Administrative Court of Madgeburg ruled on a case concerning the asylum application of an Afghan national who had worked as a long-time transport commissioner for UNHCR. The Court concluded that the applicant was likely to be subjected to persecution by anti-governmental groups (namely, Taliban and Hezbi Islami) upon return based on the threatening letters he had received and presented before the court. The Court considered his persecution under “political opinion” grounds in light of the 1951 Refugee Convention. It relied upon UNHCR information stating that persons who have worked for international aid organisations are among target groups of anti-governmental organisations and are particularly vulnerable to being victims of abduction, killing and other attacks. With regard to state protection, the Court ruled that Afghanistan has shown to be unable to provide protection against the persecution of non-state actors.
The Court dismissed any possible internal flight alternative, mostly based on Taliban’s extensive network information, its increased interest in the applicant (as shown by the threatening letters) and the recent increase in Taliban attacks against persons who have cooperated with international organisations. Finally, the fact that the organisation Hezbi Islami had, in the meantime, concluded a peace treaty with the Afghan government is not enough proof that persons who have been persecuted in the past will no longer be in danger.
Based on an unofficial translation by the ELENA Weekly Legal Update.


This item was reproduced with the permission of ECRE from the weekly ELENA legal update supported by the Fundamental Rights and Citizenship Funding Programme and distributed by email. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE, the IRC or its partners.



Internal protection
Persecution Grounds/Reasons
Political Opinion