Afghanistan

The Constitutional Court addressed its judgement E 3445/2021 (issued 30 September 2021) that an extreme volatility of the security situation in Afghanistan was to be assumed based on country information sheets on Afghanistan issued by the Austrian COI Unit on 11 June 2021 and 19 July 2021 at the date of the decision of the Federal Administrative Court on 29 July 2021. In addition, the widespread media coverage after 20 July 2021 (which was therefore available at the time of the decision of the Federal Administrative Court) lead to the same conclusion. The complainant would have therefor been exposed to a real danger of violation of his constitutional rights under Articles 2 and 3 ECHR if he were to return to Afghanistan. (see also E 3047/2021 issued 24 September 2021)

30 September 2021 | Judicial Body: Austria: Constitutional Court of Austria (Verfassungsgerichtshof) | Topic(s): Asylum-seekers - Country of origin information (COI) | Countries: Afghanistan - Austria

In its judgment E 3047/2021 issued 24 September 2021, the Constitutional Court ruled that based on the Austrian COI Unit’s (Staatendokumentation) country information sheet on Afghanistan dated 11 June 2021 , the risk of an armed conflict between the Taliban and government troops affecting the whole country should have been apparent to the Federal Administrative Court at the date of its decision on 1 July 2021. Thus, the risk of a serious threat to life or physical integrity as a result of arbitrary violence in the context of an internal conflict for members of the civilian population such as the complainant must have been clear to the Federal Administrative Court at the time of its decision. Furthermore, the Constitutional Court found that due to the widespread media coverage of the developments in Afghanistan, the Federal Administrative Court had to assume that the security situation in Afghanistan was to be classified as extremely volatile. It also reiterated that widespread media coverage must be considered notorious. The Constitutional Court therefore found that the Federal Administrative Court did not meet its obligation to investigate in detail the existence of a real risk of a violation of Art 2 or Art 3 ECHR if the complainant were to return to Afghanistan in view of the almost daily changing situation in the armed conflict between the Taliban and the Afghan government and its troops. The Federal Administrative Court had denied a military conflict in certain places, without considering the serious threat of an imminent significant deterioration of the security situation, that had in fact already partially occurred across the country and was possibly imminent in the places which the Federal Administrative Court considered an internal flight alternative for the complainant (namely Mazar-e Sharif and Herat). Since the Federal Administrative Court’s assumption of the complainant’s return situation in line with Articles 2 and 3 of the ECHR was solely momentarily without considering the rapidly changing security situation in Afghanistan, its findings were found to be arbitrary by the Constitutional Court.

24 September 2021 | Judicial Body: Austria: Constitutional Court of Austria (Verfassungsgerichtshof) | Topic(s): Asylum-seekers - Country of origin information (COI) | Countries: Afghanistan - Austria

21 May 2015 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): 1951 Refugee Convention - Armed groups / Militias / Paramilitary forces / Resistance movements - Asylum-seekers - Threats / Intimidation - Well-founded fear of persecution | Countries: Afghanistan - Australia

19 February 2015 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Arbitrary arrest and detention - Asylum-seekers - Expulsion | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

4 November 2014 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Asylum-seekers - Children-at-risk - Deportation / Forcible return - Flight by land, air or sea - Freedom from torture, inhuman and degrading treatment - Reception - Regional instruments - Right to family life | Countries: Afghanistan - Italy - Pakistan - Switzerland

3 July 2014 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Arbitrary arrest and detention - Asylum-seekers - Deportation / Forcible return - Expulsion - Non-refoulement - Refugee status determination (RSD) / Asylum procedures - Regional instruments - Safe third country | Countries: Afghanistan - Austria - Hungary - Serbia

5 April 2013 | Judicial Body: Finland: Supreme Court | Topic(s): 1951 Refugee Convention - Asylum-seekers - Criminal justice - Entry / Exit - False documents - Passports - Smuggling of persons - Travel documents | Countries: Afghanistan - Finland

21 December 2011 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Asylum-seekers - Burden-sharing and international co-operation - Children's rights - Deportation / Forcible return - Immigration Detention - Reception - Right to seek asylum - Rule of law / Due process / Procedural fairness - Safe third country - Single procedure | Countries: Algeria - Ireland

31 August 2011 | Judicial Body: Australia: High Court | Topic(s): Asylum-seekers - Deportation / Forcible return - Immigration Detention - Non-refoulement - Refugees - Safe third country - Treaties / Agreements / Charters / Protocols / Conventions / Declarations - Unaccompanied / Separated children | Countries: Afghanistan