EDAL case summaries
Country of Decision: Austria
Country of Applicant: Russia
Keywords: Country of former habitual residence, Dublin Transfer, Health (right to), Individual threat, Persecution (acts of), Persecution Grounds/Reasons, Protection, Real risk, Refugee Status, Request to take back, Return
The Asylum Court upheld the Federal Asylum Agency’s rejection of the mother and son’s application on the basis that Poland was responsible for the application under the Dublin II Regulation. The Court held that Austria was not obliged to apply Article 3(2) Dublin II Regulation due to a threatened violation of Article 3 or Article 8 ECHR.
Date: 29-11-2013
Country of Decision: Austria
Country of Applicant: Afghanistan
Keywords: Country of origin, Credibility assessment, Final decision, Individual threat, Non-refoulement, Persecution (acts of), Persecution Grounds/Reasons, Personal circumstances of applicant, Protection, Real risk, Refugee Status, Return, Subsidiary Protection, Well-founded fear
An application for international protection lodged by an Afghan who illegally entered Austria was rejected. The Court found that the applicant had no well-founded fear of persecution in his country of origin nor was he to be granted the subsidiary protection status.
Date: 29-11-2013
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