Adjudication of asylum claims (refugee status determination / asylum procedures) / Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA)

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) | Document type: Case Law | Topic(s): Cessation clauses - Complementary forms of protection - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) | Countries: Afghanistan - Austria

The applicant is an Afghan national and member of the ethnic group of Hazaras who was born and raised in Iran. He lodged an application for international protection in Austria in July 2015 which was rejected in first instance in September 2017.The Federal Administrative Court dismissed his appeal on 03/09/2018, arguing that even though the applicant cannot return to Sar-e Pol (where his family was originally from), there was an IFA available in Kabul or Mazar-e Sharif. It elaborated that the applicant had already gathered professional experience, had grown up in an Afghan family and was native speaker of one of the official languages and concluded that the applicant was familiar with the cultural circumstances in Afghanistan. The Austrian Supreme Administrative Court annulled this decision. It stated that the Federal Administrative Court's conclusion that the applicant was familiar with the cultural circumstances in Afghanistan was not evidence-based and emphasized that that the applicant had explicitly contested this. Furthermore the Supreme Administrative Court criticized that the Federal Administrative Court did not take into account and analyse the UNHCR-Afghanistan guidelines. A respective obligation derives from the respective Austrian case law as well as from European Union Law. The Court emphasized that according to UNHCR there was in general no IFA available in Kabul and that the availability of an IFA in other cities was questionable and needed to be assessed in a thorough manner on a case-to-case basis.

13 December 2018 | Judicial Body: Austria: Supreme Administrative Court (Verwaltungsgerichtshof) | Document type: Case Law | Topic(s): Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) | Countries: Afghanistan - Austria - Iran, Islamic Republic of

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) | Document type: Case Law | 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

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.

15 September 2010 | Judicial Body: Austria: Supreme Administrative Court (Verwaltungsgerichtshof) | Document type: Case Law | Topic(s): Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Rule of law / Due process / Procedural fairness | Countries: Austria - Nigeria

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.

9 September 2010 | Judicial Body: Austria: Supreme Administrative Court (Verwaltungsgerichtshof) | Document type: Case Law | Topic(s): Domestic violence - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Rule of law / Due process / Procedural fairness - Sexual and gender-based violence (SGBV) | Countries: Austria - Russian Federation

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) | Document type: Case Law | 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

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 August 2004 | Judicial Body: Austria: Supreme Administrative Court (Verwaltungsgerichtshof) | Document type: Case Law | Topic(s): Changes of circumstances in home country - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) | Countries: Austria - Serbia

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.

29 March 2001 | Judicial Body: Austria: Supreme Administrative Court (Verwaltungsgerichtshof) | Document type: Case Law | Topic(s): Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Non-state agents of persecution | Countries: Austria - Ukraine