Federal Administrative Court- Decision 10 C 21.08

Facilitated standard of proof; reversal of burden of proof; refugee protection for families; recognition of refugee status; refugee status; internal protection; internal flight alternative; nationality; political conviction; prognosis; race; prevention of terrorism; act of persecution; reason for persecution; prognosis of persecution; previous persecution.

Headnote:
1. An asylum applicant who has been previously persecuted within the meaning of Section 60 (1) Sentence 5 of the Residence Act in conjunction with Article 4 (4) of Directive 2004/83/EC also benefits from the facilitated standard of proof under the latter provision in the examination of whether he has no well-founded fear of persecution within the territory of an internal alternative for protection under Article 8 (1) of Directive 2004/83/EC.

2. a) A final and absolute obligation to recognise the status of the originally entitled individual, imposed by the court on the Federal Office for Migration and Refugees, is equivalent to an incontestable recognition of the status of the originally entitled individual, as necessary under Section 26 (1) No. 1 of the Asylum Procedure Act in order to grant family asylum and refugee protection for families to that person's spouse (see Section 26 (4) of the Asylum Procedure Act).
b) By exception, this requirement is also sufficiently met in ultimate appeal proceedings if the Federal Administrative Court simultaneously renders a final and absolute judgment on the spouses' asylum applications, and the obligation to recognise the status of the originally entitled individual becomes final and absolute simultaneously with the decision on the asylum application of the spouse.

Decision of the Tenth Division of 5 May 2009 - Federal Administrative Court
10 C 21.08 (German Version)