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Denmark
Country of Decision : Denmark
Court Name : DK: Refugee Appeals Board [Flygtningenævnet]
Date of decision : 16/02/2021
Type : Decision
ECLI :
Case Number/Citation/ Document Symbol : 180221

Applicant (Syria) v Danish Immigration Service

Syria

DK: The Refugee Board ruled on cessation of subsidiary protection based on significant change of situation in the Damascus region in Syria

The applicant, Syrian Arabs and Sunni Muslim, born and raised in Damascus, was granted subsidiary protection in 2014 and a residence permit in accordance with paragraph 7 (2) of the Aliens Act. The ground of protection was based on the risk of being subject of treatment contrary to art. 3 ECHR.

At the end of 2020, the Immigration Service decided not to renew the applicant’s residence permit considering that the circumstances that lead to subsidiary protection are no longer present and the situation in Damascus significantly changed and the applicant would no longer be at risk of treatment contrary to art. 3 ECHR. The applicant contested the decision and invoked risks for him to be regarded as deserter for having left Syria and not complying with summons to military service. The applicant also invoked that in case of return to Syria his two sons will be called up for military service.

The Refugee Board rejected the applicant’s appeal and confirmed the Immigration Service decision. Based on updated country of origin information and various reports concerning Syria (the EASO ‘Country Guidance Syria — Common analysis and guidance note’, published in September 2020, and the EASO report ‘Syria Security Situation’, published in May 2020), the Refugee Board concluded that persons born before 1981, as the case of the applicant, are no longer called for military service and that the situation in Damascus has significantly improved and there is no indication that after 7 years of absence, the applicant would be at risk of treatment contrary to art. 3 ECHR. The Refugee Board further analysed if the refusal to extend his permit would entail a violation of the applicant’s right to family life and concluded that the decision is lawful and the interference is considered proportional and necessary because there is no indication of a dependency relationship between the applicant and his adult children.

Asylum Procedures/Special Procedures; Country of Origin Information; EASO COI Reports; EASO Country Guidance Materials; Indiscriminate violence; Military service; Conscientious objection; Desertion; Draft evasion; Forced conscription; Syria; Torture or inhuman or degrading treatment or punishment ;

European Convention on Human Rights;

https://fln.dk/da/Nyheder/Nyhedsarkiv/2021/18022021

EASO IDS

Denmark, Refugee Appeals Board [Flygtningenævnet], Applicant (Syria) v Danish Immigration Service, 180221, 16 February 2021. Link redirects to the English summary in the EASO Case Law Database.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1600