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Austria / Asylum Court / E3 428458-1/2012

Claimant from Pakistan v Federal Asylum Office

Policy area:
Justice, freedom and security
Deciding Body type:
National Court/Tribunal
Deciding Body:
Austria / Asylum Court
Decision date:

Key facts of the case:

The claimant, a Pakistani citizen, entered Austria illegally on 9 July 2012. During his first interrogation after applying for international protection in July 2012 the claimant stated his reason for flight: that he loved a girl, and her brothers told him not to see her anymore. They remained however in contact, she got pregnant and the baby was aborted. This situation led to the killing of one of the brothers of the claimant in winter 2008. Six to seven months later his other two brothers were killed. Since 2008 the claimant is therefore on the run. This story was again told in front of the Federal Asylum Office. On 27 July 2012 the claim for international protection was rejected by the Federal Asylum Office and the claimant was expelled to Pakistan. Credibility was denied for the story and in the subsidiary arguments (Eventualbegründung) an internal flight alternative was seen as possible. The claimant appealed against this decision to the Asylum Court and asked for an oral hearing referring to Art. 47 of the Charter of Fundamental Rights and Art. 6 ECHR (Page 1 of 17 of the judgment).