Background of the Case
An Ethiopian woman from Mek’ele, the capital of Tigray, applied for asylum in the Netherlands in March 2022 because she feared violence in Tigray due to the conflict occurring there at the time. The minister rejected her asylum application in 2023. According to him, the woman does not face a personal risk and he states that the situation in Tigray has improved since the ceasefire of November 2022. Therefore, there is no longer any arbitrary violence due to an internal armed conflict. The Amsterdam court ruled differently in April this year. According to the court, the security situation in Tigray, particularly in Mek’ele, is “not clear-cut and diffuse.” Therefore, the minister had to better justify to the court why there is no arbitrary violence due to an internal armed conflict in Tigray. The minister disagrees with the court’s ruling. According to him, the court should have distinguished between the situation in Tigray as a whole, the disputed areas in Tigray, and the part of Tigray under the control of the TIRA when assessing the country information.
Ruling of the Administrative Jurisdiction Division
The Administrative Jurisdiction Division agrees with the minister’s position. In its view, the minister has well justified why there is no arbitrary violence and armed conflict in Mek’ele. The security situation has clearly improved since the ceasefire of November 2022, with a significant decrease in armed confrontations, human rights violations, and civilian deaths. The minister has taken into account all relevant country information and rightly distinguishes between the area in Tigray under the control of the TIRA and the disputed areas of this region, according to the Administrative Jurisdiction Division.
Consequence of the Ruling
The minister has therefore properly justified that there is no arbitrary violence due to an internal armed conflict in the part of Tigray under the control of the TIRA. Therefore, an asylum seeker from this area must demonstrate that he faces danger due to his personal situation. The sole argument of an asylum seeker coming from this part of Tigray is insufficient to obtain asylum in the Netherlands.
