Somalier erhält vom Bundesverwaltungsgericht Subsidiärschutz zurück
Somali receives back subsidiary protection from the Federal Administrative Court
Mr. I. comes from Somalia and lodged an asylum application in April 2015. Consequently the Federal Administrative Court (FAC), in its decision from August 2017, granted him subsidiary protection.
In May 2018, Mr. I. applied for extension of his subsidiary protection. In its decision from September 2018, the Federal Asylum Office (FAO) withdrew his subsidiary protection and found that his deportation to Somalia was permissible. The FAO argued that due to the improved supply situation (no existing drought) in Somalia, he was healthy and would be able to work and work in Somalia or Mogadishu, Mr. I. could return to Somalia ,
Consequently he lodged an appeal to the FAC on the grounds that, according to the country reports in the authority's decision, Somalia still had a high malnutrition rate and, despite the no longer prevalent drought, the country needed a good rainy season to ensure a stable supply situation. In addition, the authority wrongly believed that Mr. I could make a living in Mogadishu, since the job opportunities in Mogadishu were particularly limited for returnees. According to the ECJ case law, the withdrawal of subsidiary protection requires a significant, non-temporary change in the general situation. According to the report, this was not the case, so the FAO unlawfully revoked Mr. I's subsidiary protection.
Thereupon, in August 2019, the FAC extended the residence permit for two more years. The court argued that the security situation in South and Central Somalia as well as in Mogadishu could not be expected to have improved significantly, since according to current country reports there was hardly any protection against attacks, the influence of AMISOM was often limited to city centers, and Al Shabaab continued to control parts of Somalia. In addition, the FAC stated that the FAO did not substantiate its findings regarding the changed and sustainably improved supply situation. A comparison of the country reports from 2017 and 2018 did not reveal any fundamentally changed facts. The country reports highlighted that the situation remained precarious.