Last Updated: Wednesday, 17 May 2023, 15:20 GMT
Latest Refworld Updates for Austria RSS feed

Austria - flag Austria

Selected filters: Social group persecution
Filter:
Showing 1-6 of 6 results
E 2372/2021-17

In it’s judgement E 2372/2021 issued 7 October 2021, the Constitutional Court ruled that due to “UNHCR International Protection Considerations with Regard to People Fleeing the Republic of Iraq” from May 2019, Sunni Arab men and boys of fighting age, who lived in an area under ISIS control and/or where ISIS maintains a presence and women and children associated with real or perceived ISIS members on account of their family or tribal relations meet a specific risk profile as they are under general suspicion of supporting ISIS. Therefore, people fulfilling these characteristics are likely in need of international refugee protection, depending on the individual circumstances of the case. Referring to the UNHCR International Protection Considerations as well as the “EASO Country Guidance: Iraq” from January 2021 the Constitutional Court ruled that the Federal Administrative Court must duly take into consideration the individual situation of the complainant against the backdrop of the specific risk profile in case the complainant has put forward fear of persecution because of the affiliation to the risk profile in a substantiated way. In the present case the Federal Administrative Court assumed that the alleged threat by Shiite militias was due to the battles between ISIS, militias and Iraqi units at that time and has not been directed against the complainant or his family directly. It denied an individual persecution without considering that the complainant – a Sunni Arab of fighting age, who lived in an area under ISIS control – was meeting a specific risk profile. The Federal Administrative Court’s findings were thus found to be arbitrary by the Constitutional Court.

27 January 2022 | Judicial Body: Austria: Constitutional Court of Austria (Verfassungsgerichtshof) | Document type: Case Law | Topic(s): Armed forces / Military - Asylum-seekers - International armed conflict - Social group persecution | Countries: Austria - Iraq

Y. v. Federal Asylum Review Board

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 March 2011 | Judicial Body: Austria: Supreme Administrative Court (Verwaltungsgerichtshof) | Document type: Case Law | Topic(s): Alevis - Domestic violence - Kurd - Non-state agents of persecution - Sexual and gender-based violence (SGBV) - Social group persecution - State protection | Countries: Austria - Türkiye

O. I. M. et. al. v. Federal Asylum Review Board

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 June 2010 | Judicial Body: Austria: Supreme Administrative Court (Verwaltungsgerichtshof) | Document type: Case Law | Topic(s): Female genital mutilation (FGM) - Rule of law / Due process / Procedural fairness - Social group persecution | Countries: Austria - Somalia

Entscheidung E3 239432-0/2008

12 January 2009 | Judicial Body: Austria: Asylum Court (Asylgerichtshof) | Document type: Case Law | Topic(s): Effective protection - Honour killings - Kurd - Non-state agents of persecution - Racial / Ethnic persecution - Social group persecution - Transgression of social / cultural norms | Countries: Austria - Türkiye

A. v. Federal Asylum Review Board

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.

1 March 2007 | Judicial Body: Austria: Supreme Administrative Court (Verwaltungsgerichtshof) | Document type: Case Law | Topic(s): Internal armed conflict - International humanitarian law (IHL) / Geneva Conventions - Kurd - Rule of law / Due process / Procedural fairness - Social group persecution | Countries: Austria - Türkiye

Case Regarding Female Genital Mutilation of an Ethiopian Baby Girl (Summary)

Summary translation by UNHCR Branch Office Vienna.

5 June 2002 | Judicial Body: Austria: Independent Federal Asylum Review Board (UBASG) | Document type: Case Law | Topic(s): Female genital mutilation (FGM) - Social group persecution - Well-founded fear of persecution | Countries: Austria - Ethiopia

Search Refworld