The Higher Administrative Court ruled in case concerning the return to Afghanistan and held that there is no ban on deportation of a young single and heathy man.

To determine a national prohibition of deportation in accordance with national legislation, due to poor humanitarian conditions in the country of origin, a link must be established between the return/removal and the treatment contrary to Article 3 ECHR, also within the meaning developed by the case law of the ECtHR.  According to the case-law of the ECtHR, the socio-economic and humanitarian conditions in the country of origin for deportation have neither necessary nor decisive influence on the question whether a person is actually at risk of being subjected to treatment contrary to Article 3 of the ECHR. Based on these criteria, the Higher Administrative Court ruled that in the event of a return to Afghanistan or Kabul, the applicant would be in real danger of treatment contrary to Article 3 of the ECHR as a result of the general humanitarian conditions prevailing there. According to the Court, a young, adult, healthy and single Afghan national who has neither significant assets or financial support from abroad nor a pre-existing family or other social network in the country of origin can return to Afghanistan or Kabul without being in a real danger of treatment contrary to Article 3 of the ECHR due to the humanitarian conditions prevailing there; a different assessment can only be indicated in the event of the addition of weighty aggravating circumstances in individual cases – there is a rule-exception ratio.

The Court further held that the applicant belongs to a different group of returnees (young, healthy and single men) who in general have regular ability to work due to young age and healthy physical condition and the increased flexibility and ability to compensate for temporary lack of income due to a lack of family members in need of care. Against this background, young, adult, healthy and single male returnees to Afghanistan or Kabul generally dispose of special resilience due to increased adaptability, assertiveness and perseverance.

Consequently, for the abovementioned reasons, and despite the volatile security situation and the effects of the COVID-19 pandemic, the return of the applicant to Afghanistan is possible., The Higher Administrative Court also took note of the financial return assistance programmes available under the REAG/GARP and StarthilfePlus programmes, for which the applicant is eligible, and which amount to EUR 3,700 and approximately USD 4,350 respectively for an individual in Kabul to earn a living for several years. Consequently, the Court rejected the request to issue a national prohibition of deportation to Afghanistan.