This is a followup on this post with an interview of an immgration lawyer in Germany. I contacted Mr. Spanta because I had no idea such a ‘Danger quotient’ exists and would be used in a court. I was unable to find the ruling on Google. Silly me was looking under BGH and not BVerwG. Half an hour later he sent me the link.
The ruling is quite a read. No, it is quite a cynical read. It is about an Iraqi man seeking asylum in Germany and ultimately being refused and deported. I would not know of anybody who would seriously consider a visit of Iraq, but after this ruling I think, personally, I should reconsider based on the judges assessment. Or should I say recommendation? So here goes with the
Federal Administrative Court
in, oh fucking Lord, Munich. To be sure, this is not a single case ruling, this is the general concept of getting rid of asylum seekers. (what follows is a Google translate)
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Paragraph 60 (7) sentence 2 of the Residence Act requires, for the assumption of a considerable individual risk, that the person concerned is at considerable risk of being harmed to the legal interests of life or limb.
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In addition to the quantitative determination of the risk of killing and injury, an overall assessment that also recognizes the medical care situation is required to determine the required risk density. BVerwG, judgment of November 17, 2011 – 10 C13.10; VGH Munich (lexetius.com/2011,6475)
This being an Iraqi, heck, we don’t need a hearing. We do that over coffee and Baumkuchen.
In the administrative dispute, the 10th Senate of the Federal Administrative Court on November 17, 2011 by the presiding judge at the Federal Administrative Court Prof. Dr. Berlit, the judge at the Federal Administrative Court Prof. Dr. Dörig, Richter and Prof. Dr. Kraft as well as the judge at the Federal Administrative Court Fricke recognized without a hearing: The plaintiff’s appeal against the judgment of the Bavarian Administrative Court of January 21, 2010 is rejected. The applicant is ordered to pay the costs of the appeal.
[3] Due to the changed political situation in Iraq, the Federal Office revoked the refugee recognition on March 16, 2006 and at the same time determined that there were no deportation bans under Section 60 paras. 2 to 7 of the Residence Act.
That is an interesting statement by the court and one wonders what they were smoking in Munich. Here is the UN from Dec. 2006, “IRAQ STANDS ON BRINK OF CIVIL WAR, ‘VIOLENCE SEEMS OUT OF CONTROL’, SPECIAL REPRESENTATIVE TELLS SECURITY COUNCIL”
Hmm. Here Human Rights Watch about the situation in Iraq in 2005.
That suggests a fairly straight line in the development towards civil war back then.
[7] The Administrative Court rejected the plaintiff’s appeal by judgment of January 21, 2010 insofar as it refers to the pending request to ascertain prohibitions on deportation pursuant to Section 60 subsections 2 to 7 of the Residence Act. The appeal was admissible because there was a need for legal protection in order to determine a ban on deportation pursuant to Section 60 subsections 2 to 7 of the Residence Act, even though the plaintiff was now in possession of a settlement permit pursuant to Section 26 subsection 4 of the Residence Act. The granting of subsidiary protection status under Article 18 of Directive 2004/83 / EC could give the plaintiff an additional legal position. However, the appeal is unfounded.
Yeah, sure, why not? What could be the reason? Well, one could perhaps question whether such things as terrorist acts “could be classified as an armed conflict in terms of intensity and magnitude”? Oh, come on judges, that seems a little harsh.
With regard to Section 60 (7) sentence 2 of the Residence Act, the Court of Appeal stated that there could be a question as to whether the terrorist acts that had been ongoing in Iraq since 2003 and were combated by state security forces could be classified as an armed conflict in terms of intensity and magnitude.
However, do we really care – another piece of this delicious Baumkuchen perhaps? After all, this sucker from Iraq “was not exposed to any significant individual danger to life or limb” – Boy, is this cake good – and that “density of danger” was not so high.
In any event, the plaintiff was not exposed to any significant individual danger to life or limb. At his place of origin in Mosul, there was not so high a density of danger that practically every civilian was exposed to a serious individual threat simply because of their presence in the affected area.
OK, guys, might one be permitted to ask why?
This results from the number of attacks and the number of victims in relation to the population.
Oh yeah, right. So when someone here in the West kicks me in the nuts, I look around, see nine others and realize, hey, I am just one out of ten. Na, that didn’t hurt.
But hold on, the judges are about to reach maximum thrust.
The likelihood of being injured or killed in a terrorist attack in the province of Nineveh in 2009 was around 0,12% or around 1:800 a year.
What?? That sounds like a wellness oasis. Tell me more, judges, I am this close to booking a vacation.
There are no indications of a tightening of the security situation. The plaintiff was not aware of any individual circumstances that increased the risk. The prerequisites for the alternative national protection against deportation (section 60 (7) sentence 1 and section 60 (5) AufenthG) were also not met.
Can you please connect me to my travel agent, pronto.
The German court considers in all seriousness a risk of injury/being killed of 1:800 as a pretty safe environment.
In Germany the rate of being murdered is 0.8:100,000 (yes, that is one hundred thousand) according to SPIEGEL of 2018.
The cynicism of German courts knows no bounds because it gets even better.
[22] The court of appeal for the area of the city of Mosul denied a sufficient risk density for the assumption of a considerable individual danger. Based on the procedure for establishing group persecution in the field of refugee law (see judgment of July 18, 2006 – BVerwG 1 C 15.05 – BVerwGE 126, 243 Rn. 20 ff.) – based on current sources, it has the total number of refugees civilians living in the province of Nineveh and its capital, Mosul, by comparing the frequency of acts of arbitrary violence and the number of people injured and killed in the process. It found that the risk of being injured or killed in the province of Nineveh was approximately 1 in 800 for 2009 as a whole. It was unable to detect a trend towards a deterioration in the security situation (UA p. 12). His conclusion, based on these findings, that the plaintiff is not exposed to any significant individual danger to life or limb as a result of arbitrary violence when he returns to his country of origin, cannot be disputed in the outcome of the appeal.
In Iraq you may be hit by a bullet, perhaps even some bullets, you may be hit by an exploding bomb, yeah, but that’s no reason to panic because “the medical care situation in the respective area” is nothing to sneeze at. You probably might stand a chance the doctors can reassemble you. Cheer up, old bugger. The “level of the risk of damage threatening (you) is so far from the threshold of considerable probability that the deficiency cannot have any effect on the result”.
Has anybody ever seen a deficiency that has no effect on the result?
Reading this is nauseating, it is preposterous and sickening, it is evil. And these German creeps, and I am talking about all those insufferable Germans, want immigrants to aspire to the German Leitkultur.
If you are not already sick, the judges have another helping for you.
[23] It is true that – as the revision rightly criticizes in the approach – in addition to this quantitative determination, an overall assessment of the statistical material with regard to the number of victims and the severity of damage (deaths and injuries) among the civilian population is required (judgment of 27 April 2010 loc. Cit., Margin no.33). In any case, this assessment also includes the assessment of the medical care situation in the respective area, the quality and accessibility of which can determine the severity of physical injuries that have occurred, with a view to the injuries that are permanent. The lack in the procedure of the court of appeal remains without consequences in the present case. This is because the level of the risk of damage threatening the plaintiff as determined by the court of appeal is so far from the threshold of considerable probability that the deficiency cannot have any effect on the result.
Here is one sentence about the Germans from Ai Wei Wei I particularly like:
Ich kenne ihre Geschichte, weiß, wer ihre Großeltern sind.
I know their history, know, who their grandparents are.
He said “are”, not “were”. So true. And true in a thousand years.