Request for a preliminary ruling from the Oberlandesgericht Bamberg (Germany) lodged on 9 September 2013 – Criminal proceedings against Mohammad Ferooz Qurbani
Language of the case: German
Party to the main proceedings
Mohammad Ferooz Qurbani
Does the personal ground for the suspension of penalties in Article 31 of the Geneva Convention relating to the Status of Refugees (‘GC’) also include, beyond its wording, forgery of documents, which took place on presentation of a forged passport to a police officer on the occasion of entry by air into the Federal Republic of Germany, when the forged passport is not in fact necessary to apply for asylum in that State?
Does the use of human traffickers preclude reliance on Article 31 GC?
Is the factual requirement in Article 31 GC, of coming ‘directly’ from a territory where the life or freedom of the person concerned was threatened, to be interpreted as meaning that that element is also satisfied if the person concerned first entered another Member State (here: Greece) from where he continued to another Member State (here: the Federal Republic of Germany) in which he seeks asylum?