In a decision issued in March 2010, the Refugee Board denied asylum to a
Palestinian from Syria.549 The applicant had arrived in 2009. The applicant did not
have a history of religious or political activity, but he stated that he participated in
two meetings of the Gamiat Al-Salam group. While he was in Syria, a young boy
died after he was injured on a swing the applicant maintained, and the applicant
feared harm from the boy’s family. The Refugee Board found that the applicant’s
family had paid compensation to the boy’s family. Further, the boy’s family had
not threatened the applicant’s brother or other family members remaining in Syria.
Regarding the applicant’s participation in Gamiat Al-Salam, the Board found that
since he had not mentioned it on his initial asylum application, it could not be the
basis for an asylum claim. Furthermore, the Board found that there was little risk
of persecution on the basis of his attendance at the meetings, given how limited his
participation was. In making their determination, the Board solely references the
Danish Aliens Act §7.
Additionally, the Refugee Board has considered whether Lebanon or Syria are
suitable “first countries of asylum,” since the original country of Palestinians is
Israel or Palestine. In these cases, the first question concerns whether the applicant
can receive protection from Lebanese or Syrian authorities, and whether Lebanon or
Syria is a suitable “first country of asylum.” The standard for determining whether
conditions in a country of first asylum are “suitable” is lower than an Article 1A
examination, and the burden lies with the state, not the applicant.
In a July 2010 case, the Refugee Board denied the asylum application of
a Palestinian from Lebanon, finding that Lebanon was a suitable first country of
asylum.550 The applicant argued that he was involved with Fatah in the 1980s and
was detained and tortured by Amal militiamen. In assessing whether Lebanon was a
suitable first country of asylum, the Board noted that the applicant did not have any
conflict with Lebanese officials. Furthermore, the Board cited that the applicant had
recently travelled to Lebanon without any problem.
A January 2010 Board decision upheld the Immigration Service’s denial of
asylum to a Palestinian from Gaza.551 The applicant offered evidence that he was
afraid of a revenge killing in retaliation for the death of someone his father had killed
about nine to ten years previously. The applicant explained that his brother had been
shot in 2002 by the family of the victim. The Board noted inconsistencies between
the applicant’s stories, and that he had been able to reside in Gaza for many years
after the incident with his father and brother. The court also took into consideration
that the applicant had sought asylum in connection with criminal proceedings for
forgery, and came to Denmark nearly two years after leaving Gaza.
549
Stat.pal. /2010/6. All asylum cases regarding Palestinian applicants are available at the
Refugee Board’s website (http://www.flygtningenaevnet.dk/da-dk/Praksis [Danish]) upon research
per country. The Refugee Board’s website does not provide specific links for each case.
550
Stat.pal. /2010/8.
551
Sta.pal. /2010/1.
Survey of Protection at the National Level
115
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