Residence Act Section 60 (7) Sentence 2
Directive 2004/83/EC Article 2 (e), Article 8, Article 15 (c)
Headwords:
Protection from deportation because of internal armed conflict (Iraq); subsidiary protection; Qualification Directive; civilian population; general danger; extreme density of risk; substantial individual danger; individual threat; region of origin; actual destination upon return.
Headnote:
1. A substantial individual danger to life or limb within the meaning of Sec-tion 60 (7) Sentence 2 of the Residence Act that also satisfies the equivalent requirements of Article 15 (c) of Directive 2004/83/EC (the 'Qualification Direc-tive') may also arise from a general danger to a large body of civilians within a situation of armed conflict if the danger is concentrated in the person of the for-eigner.
a) Such a concentration, or individualisation, may result from circumstances specific to the foreigner's person that increase risk.
b) By exception, it may also arise irrespectively of such an individualisation in an extraordinary situation that is characterised by such a high degree of risk that practically any civilian would be exposed to a serious individual threat solely on account of his presence on the relevant territory (concurring, ECJ, judgment of 17 February 2009 - C 465/07 - Elgafaji).
2. If an armed conflict with such a degree of risk does not exist nationwide, as a rule an individual threat will come under consideration only if the conflict ex-tends to the foreigner's region of origin, to which he or she would typically re-turn.
Decision of the Tenth Division of 14 July 2009 - Case No.: BVerwG 10 C 9.08
