Federal Administrative Court - Desicion 10 C 52.07

Asylum Procedure Act Section 3 (1), Section 77
Residence Act Section 60 (1)
Basic Law Article 16a
Directive 2004/83/EC Article 4 (4), Article 8, Article 9, Article 10

Headwords:
Recognition of refugee status; act of persecution; targeted act; necessary medical treatment; post-traumatic stress disorder; denial of registration; violation of human rights; previous persecution; internal flight alternative; internal protection; time of emigration; facilitated standard of proof; standard of proof.

Headnote:
1. The concept of an act of persecution within the meaning of Directive 2004/83/EC presupposes a targeted violation of a legal right protected under Article 9 (1) of the Directive.

2. Under the new status of the law, with regard to Section 60 (1) Sentence 5 of the Residence Act in conjunction with Article 4 (4) of Directive 2004/83/EC, previous persecution under the terms of refugee law can no longer be denied solely because a flight alternative existed in another part of the country of origin at the time of emigration.

Decision of the Tenth Division of 19 January 2009 - Case No.: BVerwG 10 C 52.07