# C_2008197EN.01000302.xml

| 2.8.2008 | EN | Official Journal of the European Union | C 197/3 |
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2.8.2008

EN

Official Journal of the European Union

C 197/3

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Reference for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 29 April 2008 — Kamil Hasan v Federal Republic of Germany

(Case C-176/08)

(2008/C 197/05)

Language of the case: German

Referring court

Bundesverwaltungsgericht

Parties to the main proceedings

Applicant: Kamil Hasan

Applicant:

Defendant: Federal Republic of Germany

Defendant:

Questions referred

| 1. | Is Article 11(1)(e) of Council Directive 2004/83/EC of 29 April 2004 (1) to be interpreted as meaning that — apart from the second clause of Article 1(C)(5) of the Convention of 28 July 1951 relating to the Status of Refugees (Geneva Convention on Refugees) — refugee status ceases to exist if the refugee's well-founded fear of persecution within the terms of Article 2(c) of that directive, on the basis of which refugee status was granted, no longer exists and he also has no other reason to fear persecution within the terms of Article 2(c) of Directive 2004/83? |
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1.

Is Article 11(1)(e) of Council Directive 2004/83/EC of 29 April 2004 (1) to be interpreted as meaning that — apart from the second clause of Article 1(C)(5) of the Convention of 28 July 1951 relating to the Status of Refugees (Geneva Convention on Refugees) — refugee status ceases to exist if the refugee's well-founded fear of persecution within the terms of Article 2(c) of that directive, on the basis of which refugee status was granted, no longer exists and he also has no other reason to fear persecution within the terms of Article 2(c) of Directive 2004/83?

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| 2. | If Question 1 is to be answered in the negative: does the cessation of refugee status under Article 11(1)(e) of Directive 2004/83 also require that, in the country of the refugee's nationality,






  (a) | an actor of protection within the meaning of Article 7(1) of Directive 2004/83 be present, and is it sufficient in that regard if protection can be assured only with the help of multinational troops, |
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2.

If Question 1 is to be answered in the negative: does the cessation of refugee status under Article 11(1)(e) of Directive 2004/83 also require that, in the country of the refugee's nationality,

(a)

an actor of protection within the meaning of Article 7(1) of Directive 2004/83 be present, and is it sufficient in that regard if protection can be assured only with the help of multinational troops,

| (b) | the refugee should not be threatened with serious harm, within the meaning of Article 15 of Directive 2004/83, which leads to the granting of subsidiary protection under Article 18 of that directive, and/or |
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(b)

the refugee should not be threatened with serious harm, within the meaning of Article 15 of Directive 2004/83, which leads to the granting of subsidiary protection under Article 18 of that directive, and/or

| (c) | the security situation be stable and the general living conditions ensure a minimum standard of living? |
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(c)

the security situation be stable and the general living conditions ensure a minimum standard of living?

| 3. | In a situation in which the previous circumstances, on the basis of which the person concerned was granted refugee status, have ceased to exist, are new, different circumstances founding persecution to be






  (a) | measured against the standard of probability applied for recognising refugee status, or is another standard to be applied in favour of the person concerned, and/or |
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3.

In a situation in which the previous circumstances, on the basis of which the person concerned was granted refugee status, have ceased to exist, are new, different circumstances founding persecution to be

(a)

measured against the standard of probability applied for recognising refugee status, or is another standard to be applied in favour of the person concerned, and/or

| (b) | assessed having regard to the relaxation of the burden of proof under Article 4(4) of Directive 2004/83? |
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(b)

assessed having regard to the relaxation of the burden of proof under Article 4(4) of Directive 2004/83?

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(1)  OJ 2004 L 304, p. 12.

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