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Germany / Federal Administrative Court / BVerwG 10 C 15.12

Afghan citizen v Federal Office for Migration and Refugees

Policy area:
Asylum and migration
Deciding Body type:
National Court/Tribunal
Deciding Body:
Federal Administrative Court
Type:
Decision
Decision date:
31/01/2013

Key facts of the case:

The plaintiff is an Afghan citizen who entered Germany in 2009. He claimed to have no means of existence in Afghanistan and that he feared discrimination that his ethnic group suffers from in his home country. His application for asylum was dismissed. He initiated legal proceedings but was only partially successful at first instance. The Karlsruhe Administrative Court obligated the defendant to determine a prohibition of deportation to Afghanistan in accordance with section 60 (7) sentence 2 of the German Residence Act (Aufenthaltsgesetz) but rejected the claim apart from that. The Mannheim Higher Administrative Court granted the defendant’s appeal and reversed the judgment completely. The plaintiff’s appeal was successful. The Federal Administrative Court criticized that the Mannheim Higher Administrative Court applied the region of Kabul to determine whether there is an armed conflict at the destination of the plaintiff and did not apply the native region of the plaintiff. The Federal Administrative Court remanded the judgment.