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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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Ra 2019/18/0353

To invoke the ceased circumstances clause, the circumstances have to have changed since the status was last extended (here: attaining the age of majority). However, changes in circumstances since the protection status was initially granted may also be relevant.

17 October 2019 | Judicial Body: Austria: Supreme Administrative Court (Verwaltungsgerichtshof) | Topic(s): Cessation clauses - Complementary forms of protection - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) | Countries: Afghanistan - Austria

Ra 2016/20/0038

The asylum authority must revoke protection status based on changed circumstances, if it had granted such status based on wrong assumptions even if the applicant had not caused or contributed to this error. (Underlying Case of Mohammed Bilali v BFA C- 720/17)

14 August 2019 | Judicial Body: Austria: Supreme Administrative Court (Verwaltungsgerichtshof) | Topic(s): Cancellation - Cessation clauses - Complementary forms of protection - Regional instruments - Statelessness | Countries: Algeria - Austria - Morocco

Ra 2019/14/0153

Cessation decisions can be based on an available IFA in the country of origin. Generally, changes after the last extension of subsidiary protection status are relevant to determine the change of circumstances. Attaining the age of majority constitutes a relevant change of individual circumstances.

27 May 2019 | Judicial Body: Austria: Supreme Administrative Court (Verwaltungsgerichtshof) | Topic(s): Cessation clauses - Changes of circumstances in home country - Complementary forms of protection - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Unaccompanied / Separated children | Countries: Afghanistan - Austria

Ra 2016/18/0253-0254

21 February 2017 | Judicial Body: Austria: Supreme Administrative Court (Verwaltungsgerichtshof) | Topic(s): Complementary forms of protection - Family reunification - Refugee status determination (RSD) / Asylum procedures - Right to family life | Countries: Austria - Somalia

Ra 2016/20/0231

26 January 2017 | Judicial Body: Austria: Supreme Administrative Court (Verwaltungsgerichtshof) | Topic(s): Complementary forms of protection - Family reunification - Right to family life - Unaccompanied / Separated children - Visas | Countries: Afghanistan - Austria

K. v. Federal Asylum Review Board

The case summary in English has been prepared in the framework of the Knowledge-Based Harmonisation of European Asylum Practices Project (2010-2012), co-financed by the European Refugee Fund.

24 March 2011 | Judicial Body: Austria: Supreme Administrative Court (Verwaltungsgerichtshof) | Topic(s): Assyrians - Christian - Complementary forms of protection - Religious persecution (including forced conversion) | Countries: Austria - Iran, Islamic Republic of

K. v. Federal Asylum Review Board

The case summary in English has been prepared in the framework of the Knowledge-Based Harmonisation of European Asylum Practices Project (2010-2012), co-financed by the European Refugee Fund.

18 February 2011 | Judicial Body: Austria: Supreme Administrative Court (Verwaltungsgerichtshof) | Topic(s): Complementary forms of protection - Freedom from torture, inhuman and degrading treatment - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Rule of law / Due process / Procedural fairness | Countries: Austria - Russian Federation

A. v. Federal Asylum Review Board

The case summary in English has been prepared in the framework of the Knowledge-Based Harmonisation of European Asylum Practices Project (2010-2012), co-financed by the European Refugee Fund.

17 March 2009 | Judicial Body: Austria: Supreme Administrative Court (Verwaltungsgerichtshof) | Topic(s): Chechen - Complementary forms of protection - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Mental health - Well-founded fear of persecution | Countries: Austria - Russian Federation

S. v. Federal Asylum Review Board

The case summary in English has been prepared in the framework of the Knowledge-Based Harmonisation of European Asylum Practices Project (2010-2012), co-financed by the European Refugee Fund.

26 November 2003 | Judicial Body: Austria: Supreme Administrative Court (Verwaltungsgerichtshof) | Topic(s): Complementary forms of protection - Country of origin information (COI) - Credibility assessment - International protection - Rule of law / Due process / Procedural fairness - Standard of proof | Countries: Afghanistan - Austria

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