Link: https://curia.europa.eu/jcms/upload/docs/application/pdf/2020-11/cp200142en.pdf

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Court of Justice of the European Union

PRESS RELEASE No 142/20

Luxembourg, 19 November 2020

Judgment in Case C-238/19 EZ v Bundesrepublik Deutschland

In the context of the civil war in Syria, there is a strong presumption that refusal to perform military service there is connected to a reason which may give rise to entitlement to recognition as a refugee In a number of situations, such refusal is an expression of political opinions or of religious beliefs, or is motivated by membership of a particular social group

A Syrian conscript who fled his country in order to avoid military service and is therefore exposed to prosecution and punishment if he returns to Syria is contesting before the Verwaltungsgericht Hannover (Administrative Court, Hanover, Germany) the decision of the Bundesamt für Migration und Flüchtlinge (Federal Office for Migration and Refugees, Germany) granting him subsidiary protection, but refusing to grant him refugee status.