Applicant (Afghanistan) v Federal Office for Migration and Refugees (BAMF)
DE: Higher Federal Administrative Court held that first appeals court must consider the effects of the COVID-19 pandemic on the situation of the person to be returned to their country of origin
The applicant is an Afghan national whose asylum application in Germany was dismissed by the Federal Office for Migration and Refugees (BAMF) on 5 September 2017. On 14 November 2019, the Administrative Court from Sigmaringen dismissed the applicant's appeal and denied deportation protection. The applicant further appealed the decision, referring to a deterioration in the actual situation that occurred after the oral hearing before the court but before the first instance judgment became final, which allegedly requires a new assessment of the question of whether he will be able to secure his subsistence level in Kabul.
On 9 July 2020, the Higher Federal Administrative Court of Baden-Württemberg allowed the applicant's further appeal and held that the first appeal decision was adopted at a time before the outbreak of the COVID-19 pandemic. In the meantime, the circumstances have changed, a situation which shows a fundamental need for clarification with regard to the crucial question of whether the actual conditions in Kabul have deteriorated as a result of the global COVID-19 pandemic to such an extent that capable adult men without maintenance obligations and without an existing family or social network are not in a position to earn their subsistence level, or would go into poverty, so that a violation of Article 3 ECHR and a national deportation ban is to be established. The court further noted that the answer to this question is important for a large number of comparable cases and, in the interests of uniformity of case law and the further development of law, requires clarification by the appeal court.
Afghanistan; COVID-19/Emergency measures; Effective remedy; Non-refoulement; Return/Removal/Deportation; Second Instance determination;
EASO Courts and Tribunals Network
Germany, High Administrative Courts (Oberverwaltungsgerichte/Verwaltungsgerichtshöfe), Applicant (Afghanistan) v Federal Office for Migration and Refugees (BAMF), A 11 S 1196/20 , 09 July 2020. Link redirects to the English summary in the EASO Case Law Database.