Islamic Republic of Iran

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

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

17 December 2009 | Judicial Body: Australia: Refugee Review Tribunal | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Human rights activists - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Persecution based on political opinion - Political parties - Sexual and gender-based violence (SGBV) | Countries: Australia - Iran, Islamic Republic of

14 December 2009 | Judicial Body: New Zealand: Refugee Status Appeals Authority | Document type: Case Law | Topic(s): Domestic violence - Gender-based persecution - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Non-state agents of persecution - Sexual and gender-based violence (SGBV) - Social group persecution - State protection | Countries: Iran, Islamic Republic of - New Zealand

29 June 2009 | Judicial Body: Australia: Refugee Review Tribunal | Document type: Case Law | Topic(s): Criminal justice - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Non-state agents of persecution - Sharia law - Social group persecution - State protection - Transgression of social / cultural norms | Countries: Australia - Iran, Islamic Republic of

10 March 2008 | Judicial Body: Australia: Refugee Review Tribunal | Document type: Case Law | Topic(s): Country of origin information (COI) - Death penalty - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Sharia law - Social group persecution - Women-at-risk | Countries: Australia - Iran, Islamic Republic of

3 December 1998 | Judicial Body: New Zealand: Refugee Status Appeals Authority | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Freedom from torture, inhuman and degrading treatment - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Mental health - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution based on political opinion - Rule of law / Due process / Procedural fairness | Countries: Iran, Islamic Republic of - New Zealand

10 April 1997 | Judicial Body: New Zealand: Refugee Status Appeals Authority | Document type: Case Law | Topic(s): Christian - Country of origin information (COI) - Credibility assessment - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Non-state agents of persecution - Religious persecution (including forced conversion) | Countries: Iran, Islamic Republic of - New Zealand