Anyone who belongs to a family that “involved in the blood cooling” does not automatically have an asylum. This is now the opinion of the European Court of Justice (ECJ). Earlier, an application for an Afghan in Austria who had given this reason was rejected.
He had stated that his father and his cousins had had a conflict of ownership in Afghanistan. The cousins have therefore killed all his father and a brother and he would also be monitored after life. The central question in the procedure was then whether such a family of origin is considered a “certain social group”.
According to EU legislation, people can be recognized as refugees if they “have reasoned fear of prosecution because of race, religion, nationality, political beliefs or belonging to a certain social group”. However, an asylum seeker cannot be regarded as a “certain social group” for fear of blood revenge for a power conflict, the judges of the ECJ have now assessed.
Daughter protection possible
In the Austrian case, the files would not show that the family in Afghanistan would be considered otherwise by the entire society. A positive asylum message is therefore not possible. However, the authorities should now check whether the applicant is entitled to daughter protection.
Source: Krone
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