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Germany / Federal Administrative Court / 10 C 23.12

Pakistani citizen v Federal Office for Migration and Refugees

Policy area:
Justice, freedom and security
Deciding Body type:
National Court/Tribunal
Deciding Body:
Federal Administrative Court
Decision date:

Key facts of the case:

The plaintiff is a Pakistani citizen who desired to be recognized as a refugee in Germany or, alternatively, acquire protection from deportation to Pakistan. He claims to be a member of the Ahmadiyya-community of faith and to be persecuted in Pakistan therefore. Between 2000 and 2005 the plaintiff filed six applications desiring asylum in Germany. All of them were dismissed. In 2008, he claimed that the EU directive 2004/83/EG had changed his legal situation. The extent of protection now also contained the active proselytization which he regards as a personal religious obligation and which is the primary reason for the persecution. In 2010, the Stuttgart Administrative Court obligated the defendant to recognize the plaintiff as a refugee. The Mannheim Higher Administrative Court dismissed the appeal of the defendant stating that the EU Directive 2004/83 EG had actually changed the situation in favor of the plaintiff and that there is a considerable probability that he will be prosecuted for his religious beliefs in Pakistan. The defendant’s appeal on questions of law was successful. The Federal Administrative Court considered the fact-finding of the Mannheim Higher Administrative Court insufficient concerning the reasons for the recognition as a refugee and remanded the judgment.