Germany's 'deportation' decision: 'No threat to life safety in his country'

A court ruling in Germany that rejected a Syrian national's request for subsidiary protection status on the grounds that he would not be safe in his home country—a decision seen as a turning point in terms of setting a precedent—has become final.

As reported by DW Türkçe, the Higher Administrative Court (OVG) of North Rhine-Westphalia in Münster, in its decision dated July 16, rejected the request for subsidiary protection by pointing to the existence of regions in Syria where the safety of civilians is not at risk, and closed the path to appeal. As no objection was filed against the decision within the legal timeframe, the ruling has become final.

The plaintiff, who came from the Al-Hasakah province in northeastern Syria, had previously been convicted in Austria for being a member of a human smuggling network that trafficked people to Europe via Turkey. He entered Germany in 2014 and applied for asylum with the Federal Office for Migration and Refugees. The Syrian national's asylum application was rejected, and he was not granted subsidiary protection status due to his human smuggling activities. The Syrian national, who applied to the Münster Administrative Court on the grounds that his life was not safe due to the civil war in Syria, won the case; however, the Higher Administrative Court (OVG) of Münster, to which the Federal Office for Migration and Refugees appealed, ruled in favor of the Office.

'CIVILIANS ARE NOT IN DANGER IN AL-HASAKAH'

In the reasoned decision of the OVG, it was noted that while it is acknowledged that there are armed clashes between Turkey and Turkish-backed groups and Kurdish groups in the Al-Hasakah province, where the defendant is from, and that ISIS also occasionally carries out attacks against Kurdish institutions, civilians are no longer under the threat of being killed or injured.

The court ruling stated that the defendant is not at risk of political persecution in Syria and, considering the human smuggling crime he previously committed, he cannot be recognized as a refugee. The ruling stated that the defendant's life is not in danger in Syria and concluded that he cannot be granted subsidiary protection status.

News Source: 12punto