Somali receives a residence permit from the Federal Administrative Court after a long wait
After a long waiting period the Federal Asylum Court grants a Somalian a humanitarian visa
Mr. Y comes from Somalia and lodged an asylum application in November 2014. In its decision from October 2016 the Federal Asylum Office (FAO) rejected the application, did not grant him subsidiary protection, and concluded that his deportation to Somalia was permissible. The FAO argued that his asylum grounds were not credible, Mr. Y had family members in Somalia and thereby access to a social support system upon return to Somalia. Moreover he could seek refuge in Mogadishu.
Consequently, in October 2016 he lodged an appeal to the Federal Asylum Court (FAC). As the FAC did not decided within the legally stipulated timeframe, Mr. Y., in November 2018, filed a complaint of lateness. After the hearing in February 2019, the FAC granted Mr. Y. a humanitarian visa.
The FAC argued that Mr. Y had been living in Austria, without interruption, for more than four years, had a partnership with a Somalian woman including children-all have subsidiary protection, which was why grounds according to Art. 8 EMRK were applicable and he was to be issued a humanitarian visa.