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AT: The Federal Administrative Court rejects appeal against return order and entry ban based on multiple criminal offences and lack of risk upon return to Nigeria

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EUAA Asylum Report
RIS - Rechtsinformationssystem des Bundes
Other Source/Information:
Referral to the CJEU
Original Documents
Relevant Legislative Provisions
European Convention on Human Rights;
Austria, Federal Administrative Court [Bundesverwaltungsgericht - BVwG], Applicant (Nigeria) v Federal Office for Foreign Affairs and Asylum, AT:BVWG:2020:I410.1415845.4.00, 27 July 2020. Link redirects to the English summary in the EUAA Case Law Database.
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Case history
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The applicant applied for international protection on 13 January 2010, claiming to be a minor from Zimbabwe and by decision of 29 September 2010 the Federal Office for Asylum rejected the application as unfounded. Upon appeal, the Court of Asylum referred the matter back to the Federal Asylum Office for a new hearing and assessment. On 17 November 2011, the Federal Asylum Office rejected again the application, after having found also that the applicant was from Nigeria and ordered the return. A new appeal was lodged and rejected subsequently by Court of Asylum. In 2014 the applicant was sentenced to 15 months imprisonment for drug offence and in 2018 he was arrested for suspicion to have committed a drug offence and remained in custody till 14 January 2018. On 2 February 2018, the Nigerian embassy in Vienna issued a certificate of return. On 28 May 2018, the applicant was sentenced to 3 years and half imprisonment, and by letter of 21 November 2019 the applicant was informed that, due to his criminal conviction, a return order was to be issued and an unlimited entry ban, without setting a period for voluntary return.

The applicant contested the decision before the Federal Administrative Court which dismissed it as unfounded. The Court held, after thorough analysis of the situation in Nigeria, that the return of the applicant does not expose him to any threat and there is no evidence that rejected asylum applicants would state repression. Moreover, drug offenders are not likely to a second conviction and international actors are working to set up new returnee and migration counselling centres. The applicant did not claim any reason to be issued a residence permit of special protection and in addition, his conviction for drug offence in 2014 and 2018 demonstrates that he poses a threat to the public security and justifies the unlimited entry ban as well as because the Federal Administrative Court did not find any argument to suggest that the return would cause a violation of art. 8 ECHR.

The Federal Administrative Court mentions, inter alia, EASO -  Country Guidance: Nigeria, EASO - Country of Origin Information Report - Nigeria - Security Situation, EASO – Country of Origin Information report – Nigeria – Targeting of individuals and EASO Country of Origin Information Report Nigeria Country Focus.

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AT: Federal Administrative Court [Bundesverwaltungsgericht - BVwG]
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Date of Decision
Country of Origin
Country of Origin Information
EUAA COI Reports
EUAA Country Guidance Materials