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Safi and Others v. Greece (Application no. 5418/15)

This case concerned the sinking on 20 January 2014 of a fishing boat transporting 27 foreign nationals in the Aegean Sea, off the island of Farmakonisi, resulting in the death of 11 people, including relatives of the applicants. The Court found violations of Article 2 (right to life) and Article 3 (prohibition of inhuman or degrading treatment).

7 July 2022 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Rescue at sea / Interception at sea | Countries: Afghanistan - Greece - Palestine, State of - Syrian Arab Republic

UNHCR Guidance Note on the International Protection Needs of People Fleeing Afghanistan

February 2022 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Country/Situation Specific Position Papers

A.A. v. Sweden

20 January 2022 | Judicial Body: UN Committee Against Torture (CAT) | Document type: Case Law | Topic(s): Christian - Deportation / Forcible return - Evidence (including age and language assessments / medico-legal reports) - Rule of law / Due process / Procedural fairness | Countries: Afghanistan - Iran, Islamic Republic of - Sweden

E4227/2021

Austrian Constitutional Court examined the international protection needs of a healthy man from Afghanistan following the Taliban takeover

16 December 2021 | Judicial Body: Austria: Constitutional Court of Austria (Verfassungsgerichtshof) | Document type: Case Law | Topic(s): Asylum-seekers - Country of origin information (COI) - Non-refoulement | Countries: Afghanistan - Austria

I.A. v. Hungary (Application No. 38297/17)

The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue his application, within the meaning of Article 37 § 1 (a) of the Convention. Furthermore, in accordance with Article 37 § 1 in fine, the Court finds no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which require the continued examination of the case. In view of the above, it is appropriate to strike the case out of the list and to discontinue the application of Rule 39 of the Rules of Court. For these reasons, the Court, unanimously, Decides to strike the application out of its list of cases.

16 November 2021 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Illegal entry - Immigration Detention - Unaccompanied / Separated children | Countries: Afghanistan - Hungary

Case of M.J. v. The Netherlands (Application no. 49259/18)

In view of the above, the Court notes that the risk of the applicant being expelled and, potentially, being exposed to a risk of treatment in breach of Article 3, has now, at least temporarily, been removed. Moreover, the Court finds that the complaints under Article 13 and on the procedural requirements of Article 3 in the present case are in essence inextricably connected to the proposed expulsion of the applicant (see Nasseri v the United Kingdom (dec.), no. 24239/09, § 18, 13 October 2015, and J.W. v. the Netherlands (dec.), no. 16177/14, § 32, 27 June 2017). In these circumstances, the Court considers that it is no longer justified to continue the examination of the application (Article 37 § 1 (c)). Moreover, it is satisfied that respect for human rights, as defined in the Convention and the Protocols thereto, does not require a continuation of the application by virtue of Article 37 § 1 in fine. Accordingly, the application should be struck out of the list.

21 October 2021 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Human rights law - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Refugee status determination (RSD) / Asylum procedures | Countries: Afghanistan - Netherlands

E3445/2021

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

E 3047/2021-11

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

Bundesrepublik Deutschland v SE,Case C-768/19

The request for a preliminary ruling concerns the interpretation of Article 2 (j) of Directive 2011/95 / EU of the European Parliament and of the Council of 13 December 2011 concerning the standards relating to the conditions to be met by third country nationals or stateless persons in order to benefit from international protection, to a uniform status for refugees or persons eligible for subsidiary protection, and to the content of this protection

9 September 2021 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Legal Instrument: 2011 Recast Qualification Directive (EU) | Topic(s): Evidence (including age and language assessments / medico-legal reports) | Countries: Afghanistan - Germany

Z.H. v. Sweden

6 September 2021 | Judicial Body: UN Committee on the Rights of Persons with Disabilities (CRPD) | Document type: Case Law | Topic(s): Convention on the Rights of Persons with Disabilities (CPRD) - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Mental health | Countries: Afghanistan - Sweden

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