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CURRENT JURISDICTION
REFUGEE STATUS FOR VICTIMS OF ORGANIZED HUMAN TRAFFICKING FOR THE PURPOSE OF SEXUAL EXPLOITATION
02.11.2019
In a judgment dated September 27, 2019 (file number A 7 K 2540/17), the Stuttgart Administrative Court awarded the claimant from Nigeria represented by lawyer Göke refugee status. The plaintiff had been brought to Europe by smugglers of a criminal organization and was forced into prostitution there. The plaintiff's risk of persecution is linked to belonging to a certain social group within the meaning of Section 3b (1) No. 4 AsylG. This presupposes that the group is viewed as different from the surrounding society. The point of view of society is therefore decisive. Repatriated victims of human traffickers face discrimination from their families and social circles, as well as retaliation. The victims can be threatened if they testify against the traffickers and can also be at risk of being trafficked again. As a result, the conditions are met.
SECURE EXISTENCE IN AFGHANISTAN DUE TO THE CORONA CRISIS NOT POSSIBLE!
26.08.2020
In their judgments, the Administrative Court of Gelsenkirchen (May 19, 2020, file number 20 a K 5950 / 17.A) Stuttgart Administrative Court (June 4, 2020, file number A 1 K 2365/18) Freiburg Administrative Court (June 5, 2020, file number A 10 K 11376 / 17) (Administrative Court Berlin (June 21, 2020 file number VG 10 K 142.17 A) Hamburg Administrative Court (August 10, 2020, file number 4 A 60/20) ruled that, due to the current situation, in particular due to the increased food prices and the closure of the day labor market, a livelihood not possible.
SITUATION IN ITALY UNACCEPTABLE!
07.07.2020
With a judgment of 07/07/2020, the Administrative Court of Oldenburg, under file number 6A 243/20, contrary to previous case law, ruled that a return is unreasonable for recognized refugees in Italy. In particular, taking into account the health, economic and social effects of the so-called Corona crisis that have already occurred and are to be expected, it is highly probable that the healthy, non-vulnerable claimant is also threatened with inhuman and degrading treatment if he returns to Italy.
REFUGEE STATUS FOR ALCOHOL SELLERS FROM IRAQ
09.09.2019
In a judgment of 09.09.2019, the Stuttgart Administrative Court awarded the plaintiff from Iraq, represented by lawyer Göke, refugee status due to his activity as an alcohol seller in Iraq. In the specific case, the plaintiff was in Iraq by Shiite militias of the Al-Mahdi army (now: Saraya al: -Salam or peace company) because of his affiliation with the determined. persecuted social group of alcohol dealers. Since the peace companies (formerly Al-Mahdi-Army) as well as the other PMF militias correctly represent state organizations within the meaning of § 3c AsylG, the persecution credibly described by the plaintiff is also significant in terms of refugee law. The plaintiff does not have any internal protection within the meaning of Section 3e (1) AsylG against the continuing threat of persecution. It is correct to assume that refugees in Iraq are usually not able to move permanently to other parts of the country due to the prevailing humanitarian conditions.