C-472/13: Andre Lawrence Shepherd v Bundesrepublik Deutschland

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Respondent/Defendant:Bundesrepublik Deutschland
Court/s:ECJ
Citation/s:C-472/13
Nature of Proceedings:Premilinary reference to CJEU
Judgment Date/s:26 Feb 2015
Judge:R. Silva de Lapuerta, President of the Chamber, K. Lenaerts, Vice-President of the Court, acting as a Judge of the Second Chamber, J.-C. Bonichot (Rapporteur), A. Arabadjiev and J. L. da Cruz Vilaça, Judges
Category:Refugee Law
Keywords:Persecution, Refugee
Country of Origin:USA
URL:http://curia.europa.eu/juris/document/document.jsf;jsessionid=9ea7d2dc30d501ceae4dfd6a46019b86b5bf05600df6.e34KaxiLc3qMb40Rch0SaxuSbNr0?text=&docid=162544&pageIndex=0&doclang=en&mode=lst&dir=&occ=first&part=1&cid=258468
Geographic Focus:Europe

Facts:The applicant was an American serviceman who was based in Germany and was a helicopter maintenance mechanic. After being ordered to go to Iraq, he claimed asylum in Germany because he considered the war there to be illegal and giving rise to war crimes. He claimed, in essence, that because of his refusal to perform military service in Iraq, he … Read More

Principles:

This decision provides important clarification for the Irish asylum authorities on the circumstances in which refusal to perform military service will expose an applicant for asylum to persecution. It also sets out criteria by reference to which a claim that participation in military service will entail the facilitation of war crimes can be assessed.

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