Court: No danger for Syrians in homeland - refugee status rejected
The smuggler is reportedly from the province of Hassaka in northeastern Syria. He entered Germany in 2014 with the intention of having his refugee status recognized. He applied for subsidiary protection, a protection granted to refugees who do not qualify for asylum but face threats to their life or health if they return.
However, in December 2015, the Landesgericht in Korneuburg, Austria, sentenced the man to a 2.5-year prison term for human trafficking. The offenses were allegedly committed between April and August 2014. Due to these offenses, the Federal Office for Migration and Refugees denied the recognition of his refugee status and subsidiary protection. The Federal Office then appealed the opposite decision of the Administrative Court of Münster.
According to the Higher Administrative Court, the man no longer fulfilled the requirements for the recognition of the refugee status, as there was no political persecution threatening him in Syria. Additionally, he was excluded from subsidiary protection due to the human trafficking offenses.
Furthermore, the Syrian man had no claim to subsidiary protection. In the province of Hassaka, as well as in Syria in general, there was no longer a serious, individual threat to life, the court declared. Ongoing attacks, such as those by the Islamic State jihadist militia, or other armed conflicts no longer reached a level where civilians had to expect being killed or injured.
Additionally, the man was also excluded from subsidiary protection due to the human trafficking offenses. A revision was not allowed by the Senate. However, a complaint could be lodged with the Federal Administrative Court. The decision was made in the recent past.
The man argued that his sentence in Austria for human trafficking was a result of 'danger' he faced in his homeland, Syria, due to his work as a smuggler. He claimed this situation warranted 'acknowledgment' of his refugee status and subsidiary protection in Germany. However, the Federal Administrative Court in Münster, AT Parameter: city, agreed with the previous decisions, stating that his actions constituted a 'punishment for freedom'.
In his appeal, the Syrian man pointed out that the 'Administrative Court' in Austria had initially granted him refugee status before later revoking it. He argued that 'Germany', being a signatory of the Geneva Convention, had an obligation to provide asylum if he was deemed a 'refugee' under this agreement.
Despite these arguments, the Federal Administrative Court in Münster, 'Court:', upheld the decision to deny his refugee status and subsidiary protection, citing his 'Bamf' record of human trafficking offenses as a 'No' to these requests. The Syrians, like him, who are currently seeking asylum in Germany, follow his case closely, hoping for a different outcome.
