Federal Administrative Court - Decision 10 C 27.07

Asylum Procedure Act Section 28
Residence Act Section 60 (1) Sentence 1
Geneva Convention Art. 1A (2), Art. 33 (1)
Directive 2004/83/EC Art. 5

Headwords:
Exception; exceptional case; refugee status; follow-up application; follow-up proceedings; post-flight reason; post-flight circumstances; regular case; reason for normal exclusion; post-flight circumstance created by party himself; subjective post-flight reason; recognition of refugee status.

Headnotes:
According to Section 28 (2) of the Asylum Procedure Act, post-flight circumstances created by the individual himself after the conclusion of asylum proceedings do not as a rule result in recognition of refugee status. To establish an exception to this rule, in cases of political activity in exile the continuity in content and time of the convictions outwardly acted upon is indeed an important indicator, but is not sufficient in itself to refute the presumption under the statutory norm. Rather, the applicant for asylum must furnish good reasons why he first became politically active in exile, or intensified his former activities, only after an unsuccessful asylum proceeding.

Decision of the 10th Division of 18 December 2008 - BVerwG 10 C 27.07 (German Version)