Adjudication of asylum claims (refugee status determination / asylum procedures) / Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA)

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

10 April 2020 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Court Interventions / Amicus Curiae

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

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

6 December 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Court Interventions / Amicus Curiae

December 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Country Reports

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

24 May 2019 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Document type: Case Law | Topic(s): Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

7 March 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Court Interventions / Amicus Curiae