Bundesverwaltungsgericht erteilt Somalierin nach einer langen Wartezeit Subsidiärschutz

After a long wait the Federal Asylum Court grants a Somalian woman subsidiary protection


Ms. N comes from Somalia und lodged an asylum application in June 2015. In its decision from February 2018 the Federal Asylum Office (FAO) rejected the application, did not grant her subsidiary protection, and concluded that her deportation to Somalia was permissible. 

The FAO argued that Ms. N. did not present a credible asylum case due to persecution. It was also not credible that the appellant was a member of a minority, as she did not have the necessary knowledge about the subject matter. A return to Somalia was possible and permissible.  The complainant 
could also be supported by her relatives in Somalia. Moreover, as she had already gained work experience, it was possible for her to support herself. In addition she could avail herself to government support for returnees.

Subsequently, in March 2018 she lodged an appeal to the Federal Asylum Court (FAC). After the FAC did not decide within the legally stipulated time window, Ms. N. filed a complaint of lateness in July 2019. 

After the hearing in September 2019, the FAC granted her subsidiary protection in October 2019. The court argued that Ms. N. was a pregnant woman, a member of minority clan, with no education, which was why she would considerable difficulties to secure a livelihood in Somalia. Moreover, the food supply conditions in Somalia were still precarious. Ms. N., upon returning to Somalia, due to her personal situation and the situation in Somalia, could not support herself.

It therefore followed, that upon returning to Somalia, Ms. N. would face inhumane treatment, which was why deportation would violate his rights according to Art. 3 EMRK and subsidiary protection was to be granted to her. 
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