The European Court has strengthened the rights of asylum for refugees who are persecuted because of their religion in their own country.
(sda / Reuters) Anyone who is persecuted in his home country because of the exercise of his/her religion, has the right to asylum in the EU – at least if the feared attacks are “serious” enough. This judgment of the European Court of Justice (ECJ) was taken in Luxembourg on Wednesday. (Case C 71/11 and C 99/11).
The most important thing is, how serious such interference in the freedom of religion turned out to be. With the granting of refugee status’ it did not matter whether the free exercise of religion is in the public sphere or in private homes.
The German Federal Administrative Court asked the ECJ for interpretation of European law, after two Pakistani asylum seekers belonging to the Ahmadiyya community in Germany had asked for refuge.
Ahmadiyya itself as Islamic reform movement, but is pursued in mainly Sunni Pakistan for heresy. Ahmadis, who consider themselves Muslims are threatened to three years imprisonment. Should they “denigrate” the name of Mohammed, in Pakistan they are threatened because of the blasphemy law, even up to the death penalty.
The German authorities wanted to reject the asylum applications of the men, because they were considered only to be persecuted in the public exercise of their religion.
(Please excuse the language, google translate is being used).
Source: Neue Zuercher Zeitung, Switzerland
http://www.nzz.ch/aktuell/international/eu-gericht-recht-religioes-verfolgter-asyl-1.17569387
more details:
http://www.unhcr.org/refworld/pdfid/4dfb7a082.pdf
I will look for a more detailed article, hopefully in English language, Inshallah.
http://www.123recht.net/EuGH-Zur-Glaubensfreiheit-geh%C3%B6rt-auch-das-%C3%B6ffentliche-Bekenntnis-__a126402.html
German article.
The news has spread releif to affected asylum seekeers and now each hopes to get benefit of the decision.
what difference does this decision make on the cases of the ordinary members of the Ahmadiyya Muslim jamat. My asylem case has just been refused by the bundesamat. I am preparing for my appeal application and I see a normal practice of the Bundesamt to appeal against the dicision of the next court if successfull specially billefeld.
Any information in this regard will be of great help.
Many thanks and best regards.
Your lawyer should know better than me. My view is that this decision of the European Court of Justice will – Inshallah – have a positive affect on your appeal. Draw your lawyer’s attention to it and see what he says.
I will tell my lawyer about the case detail for now and I will also keep posting my status for any updstes Inshallah
Thanks.