Supreme Court overrides negative finding together with an Afghan return decision
Supreme Court overrides an Afghan's negative decision in conjunction with expulsion order
Mr. S. is an Afghan citizen, born in Pakistan, und lodged an application for asylum in April 2016, which in September 2017 was completely rejected, an expulsion order issued and concluded that his deportation to Afghanistan was permissible. The appeal was rejected by the Federal Asylum Court (FAC) in its decision of September 2018.
In October 2018 Mr. S. lodged an appeal to the Supreme Administrative Court (SAC) on the grounds that the FAC had made procedural flaws; inter alia despite medical documents on record Mr. S. was deemed healthy; the use of exclusives country reports, which were older than one year; it refrained from consulting pertinent country reports concerning medical provision in Afghanistan; omission of UNHCR guidelines without grounds.
The FAO neglected to view Mr. S's vulnerability in its entirety. with respect to new relocation without connections to his home country and without family support links, as well as his vulnerability, due to his three illnesses. Due to the demonstrated flaws the decision of the FAC was grossly unlawful.
Consequently, Mr. S lodged an appeal to the SAC, which in its decision of March 2019, suspended the decision of FAC with regards to the non-issuance of subsidiary protection, non-issuance of a visa, in addition to the issued expulsion order and the decision about the admissability of a deportation to Afghanistan, on grounds of violation of constitutionally guaranteed laws.
As a result the SAC, in its decision from June 2019, rejected the appeal with regards to the issuance of asylum, declared it void and dismissed the case.
The SAC stated that the grounds for dismissal was the suspension of the FAC decision through a judgement of the Supreme Court from March 2019. In effect Mr. S. was according to §33 Abs. 1 SAC Law, found to be without legal grounds of complaint. Therefore the appeal to the SAC was voided and the case dismissed.