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Romania
Country of Decision : Romania
Court Name : RO: County Court [Tribunal]
Date of decision : 14/10/2020
Type : Judgment
ECLI :
Case Number/Citation/ Document Symbol : judgment no. 39/2020

Applicants (Iraq) v Radauti Regional Centre for accommodation and procedures for asylum applicants (Centrul Regional de Cazare si Proceduri pentru Solicitantii de Azil din Radauti)

Iraq

RO: The County Court granted subsidiary protection to family from Iraq given the available country of origin information and the COVID-19 restriction measures

The applicants are a family from Iraq, with minor children. They applied for asylum in Romania and their request was dismissed by decision of the General Inspectorate for Immigration (GII). By decision of 12 June 2020, the Rădăuți District Court dismissed the applicants' appeal against the GII decision.

The Suceava County Court held that the applicants did not prove that they were in need of international protection. It held that the applicants' fear of not being able to continue living in their country of origin is not real and objectively justified, as it has not been established that there was persecution and that the causal link lies in the family being of Kurdish ethnicity. It added that the criminal case involving one of the applicants cannot be linked to the reasons for leaving the country of origin. However, after analysing the political and human rights situation in Iraq, as well as the difficulties of travel due to COVID-19 restriction measures taken in certain areas of Iraq, including in the area from which the applicants originated, and also considering that some of the applicants in the family are minors, the country court concluded that the applicants should not be returned to Iraq and they are to be granted subsidiary protection.

The judgment cites EASO, Country of Origin Information Report - Iraq. Targeting of Individuals, March 2019.

Country of Origin Information; COVID-19/Emergency measures; EASO COI Reports; Iraq; Minor; Subsidiary Protection;

Revised Asylum Procedures Directive (Directive 2013/32/EU on common procedures for granting and withdrawing international protection) and/or APD 2005/85/CE; Revised Qualification Directive (Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as BIP for a uniform status for refugees or for persons eligible for subsidiary protection- recast)/or QD 2004/83/EC;

EASO IDS

Romania, County Court [Tribunal], Applicants (Iraq) v Radauti Regional Centre for accommodation and procedures for asylum applicants (Centrul Regional de Cazare si Proceduri pentru Solicitantii de Azil din Radauti), judgment no. 39/2020, 14 October 2020. Link redirects to the English summary in the EASO Case Law Database.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1297