Case summaries
Austria, Consitutional Court, 24 September 2021, E 3047/2021-11
Country of applicant:
Afghanistan
Keywords:
Country of origin information, Internal protection, Relevant Facts, Safe country of origin, Serious harm, Subsidiary Protection, Terrorism, Real risk, Internal armed conflict
With regard to the granting of subsidiary protection, the existence of real risks to the rights under Art. 2, 3 ECHR must be examined, which includes the obligation to consider ongoing developments on the basis of available information. If a deterioration of the security situation is disregarded, this could be seen as arbitrariness.
Date of decision:
24-09-2021
Relevant International and European Legislation:
ECHR (Sixth Protocol),ECHR (Thirteenth Protocol),Art 2.1,Art 2.2,Art 3.1,Art 3.2