BVwG hebt Aberkennungsbescheid von Afghanen auf
BVwG overturns Afghans' revocation decision
Mr. S. comes from Afghanistan and in 2012 lodged an asylum application. Subsequently the Federal Asylum Court (FAC), in its decision from July 2015, granted Mr. S. subsidiary protection and issued him a temporary residence permit.
In the current proceeding Mr. S. applied for the renewal of his subsidiary protection In its decision from September 2018, the Federal Asylum Office (FAO) withdrew the subsidiary protection and found that his deportation to Afghanistan was permissible. The FAO argued that, as opposed to the decision of the FAC from July 2018, the situation had substantially and sustainbly improved, his family had considerable resources, as they could afford multiple visits to Pakistan. Moreover, there were three safe cities-Kabul, Mazar-e-Sharif, Herat, available to him, the economic situation for returnees had improved, in short a return to Afghanistan was therey possible for Mr.S.
Consequently he lodged an appeal to the FAC against the withdrawal of the subsidiary protection on grounds of the deteriorating conditions in his home province, due to his financial support his family could afford the visits to Pakistan as his son was in grave danger, and according to current reports it was not possible to find work in Kabul without the support of family there. Moreover, according to the updated UNHCR guidelines from August 2018, Kabul did not constitute a place of refuge.
In effect the FAC, in its decision from August 2019, renewed the temporary residence permit. The FAC argued that, Mr. S. did not have have a social network outside of his home province, which was also found in his last decision. In addition, the FAC believes that Mr. S. could not count on the support of his family in Nangarshar upon his return, as he had to provide financial support for the treatment of his son in Pakistan.
In conclusion, the FAC found that the subsidiary protection was to be renewed.