ECJ Ruling on Blood Revenge as a Ground for Asylum

The Austrian Administrative Court, which turned to the European Court of Justice regarding the interpretation of EU law, is facing a decision in the case of an Afghan whose asylum application in Austria was rejected (Case C-217/23).

ECJ Decision Following Asylum Application of an Afghan in Austria

The man had applied for asylum, citing a blood feud in which his family is involved. His father and his cousins had a land dispute in Afghanistan. The cousins had already killed his father and a brother due to the blood feud that ensued. They were also after his life because of this. The central question in the proceedings is now whether such a family is considered a "particular social group."

According to EU law, one can be recognized as a refugee due to "a well-founded fear of persecution because of race, religion, nationality, political opinion, or membership of a particular social group," the ECJ judges explained. However, an asylum seeker who faces a blood feud in their country of origin because their family is involved in a property-related dispute cannot be considered as belonging to a "particular social group" for this reason alone, they further explained.

In the present case, the records do not show that the family is regarded as different by the entire society in their country of origin, according to the ECJ. An asylum seeker is not automatically considered a member of a "particular social group" just because they face physical violence or even killing in their country of origin due to a blood feud arising from a property-related dispute. Therefore, this person cannot be granted refugee status on this basis, the ECJ concludes. However, the authority must examine whether the applicant is entitled to subsidiary protection.

(APA/red)

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