Austria: Supreme Administrative Court (Verwaltungsgerichtshof)

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 term "particularly serious crime" concerns only criminal offenses that objectively violate particularly important legal interests. Typically, serious crimes include homicides, rape, child abuse, arson, drug trafficking, armed robbery, and the like.

5 April 2018 | Judicial Body: Austria: Supreme Administrative Court (Verwaltungsgerichtshof) | Document type: Case Law | Legal Instrument: 1951 Refugee Convention | Topic(s): Exclusion clauses - Serious non-political crime | Countries: Austria - Syrian Arab Republic

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

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

1 March 2016 | Judicial Body: Austria: Supreme Administrative Court (Verwaltungsgerichtshof) | Document type: Case Law | Topic(s): Family reunification | Countries: Austria - Somalia

28 January 2016 | Judicial Body: Austria: Supreme Administrative Court (Verwaltungsgerichtshof) | Document type: Case Law | Topic(s): Family reunification - Right to family life | Countries: Afghanistan - Austria

8 September 2015 | Judicial Body: Austria: Supreme Administrative Court (Verwaltungsgerichtshof) | Document type: Case Law | Topic(s): Burden-sharing and international co-operation - Regional instruments - Safe third country | Countries: Afghanistan - Austria - Hungary

19 February 2015 | Judicial Body: Austria: Supreme Administrative Court (Verwaltungsgerichtshof) | Document type: Case Law | Topic(s): Burden-sharing and international co-operation - Immigration Detention - Regional instruments | Countries: Austria - Eritrea - Italy

28 May 2014 | Judicial Body: Austria: Supreme Administrative Court (Verwaltungsgerichtshof) | Document type: Case Law | Topic(s): Access to procedures - Rule of law / Due process / Procedural fairness | Countries: Afghanistan - Austria

17 November 2011 | Judicial Body: Austria: Supreme Administrative Court (Verwaltungsgerichtshof) | Document type: Case Law | Topic(s): Family reunification - Residence permits / Residency | Countries: Austria - Turkey