Burden / standard of proof / Country of origin information (COI)

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) | Document type: Case Law | 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) | Document type: Case Law | Topic(s): Asylum-seekers - Country of origin information (COI) | Countries: Afghanistan - Austria

November 2018 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Thematic Guidelines

2011 | Publisher: Hungarian Helsinki Committee | Document type: Legal Articles/Analyses/Commentaries

6 August 2009 | Judicial Body: Austria: Asylum Court (Asylgerichtshof) | Document type: Case Law | Topic(s): Country of origin information (COI) - Housing, land and property rights (HLP) - International protection | 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.

31 March 2009 | Judicial Body: Austria: Supreme Administrative Court (Verwaltungsgerichtshof) | Document type: Case Law | Topic(s): Country of origin information (COI) - Credibility assessment - Rule of law / Due process / Procedural fairness | Countries: Austria - Nigeria

9 November 2005 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Comments on National Legislation

2005 | Publisher: National Legislative Bodies / National Authorities | Document type: National Decrees, Circulars, Regulation, Policy Documents

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.

30 September 2004 | Judicial Body: Austria: Supreme Administrative Court (Verwaltungsgerichtshof) | Document type: Case Law | Topic(s): Country of origin information (COI) - Credibility assessment - Manifestly unfounded / Clearly abusive claims | Countries: Austria - Iran, Islamic Republic of