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E 4682/2019-10

The contested finding therefore lacks a conclusive reason why there is no persecution relevant to asylum, in the absence of a discussion of the dangers that threaten the complainant due to the attempted forced recruitment, which has been found to be credible. Likewise, in connection with the examination of the requirements for the granting of the status of subsidiary protection, there is no comprehensible reason for the statement that the complainant is not at risk from the Taliban in Mazar-e Sharif and that a return there is safe and reasonable while the UNHCR guidelines basically assume that there is no internal flight alternative in Afghanistan for people who are persecuted by the Taliban

20 February 2020 | Judicial Body: Austria: Constitutional Court of Austria (Verfassungsgerichtshof) | Document type: Case Law | Topic(s): Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Non-state agents of persecution | Countries: Afghanistan - Austria

Options Paper 2: Options for governments on open reception and alternatives to detention (first published 2015, revised version 2020)

2020 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Thematic Reports

E3369/2019

The Federal Administrative Court (FAC) failed to provide the necessary justification for a finding about the supposed availability of an IFA in Mazar-e Sharif, despite the EASO Country-Guidance on Afghanistan (2018) and respective findings regarding the situation of Afghans who were born in Iran and/or who lived there for a long time.

12 December 2019 | Judicial Body: Austria: Constitutional Court of Austria (Verfassungsgerichtshof) | 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

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) | 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

UNHCR-Analyse des Entwurfs für das Salzburger Sozialunterstützungsgesetz

14 October 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Policy/Position Papers

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) | Document type: Case Law | Topic(s): Cancellation - Cessation clauses - Complementary forms of protection - Regional instruments - Statelessness | Countries: Algeria - Austria - Morocco

UNHCR-Analyse des Entwurfs für ein OÖ Sozialhilfe-Ausführungsgesetz

8 August 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Comments on National Legislation

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) | Document type: Case Law | 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

Mohammed Bilali v Bundesamt für Fremdenwesen und Asyl (Case C‑720/17) (request for preliminary ruling)

Article 19(1) of Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted, read in conjunction with Article 16 thereof, must be interpreted as meaning that a Member State must revoke subsidiary protection status if it granted that status when the conditions for granting it were not met, in reliance on facts which have subsequently been revealed to be incorrect, and notwithstanding the fact that the person concerned cannot be accused of having misled the Member State on that occasion.

23 May 2019 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Legal Instrument: 2011 Recast Qualification Directive (EU) | Topic(s): Cessation clauses - Complementary forms of protection - Statelessness | Countries: Austria

UNHCR-Analyse des Entwurfs einer Novelle zum Wohnungsgemeinnützigkeitsgesetz

10 May 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Comments on National Legislation

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