The applicant, Afghan national, applied for international protection on 16 October 2020 and the Federal Office rejected it because the requirements for being granted refugee status were not met, no risk of persecution being identified, and ordered the return. The applicant contested the decision and invoked also arguments against the return order, based on his integration in Austria and family life.  The Federal Administrative Court rejected the appeal against the negative decision on asylum but analysed the possibility to implement the return based on updated country of origin information. It held, based on various COI reports, including EASO reports on Afghanistan, that the security situation has deteriorated, is unstable and also there are poor living conditions that would expose the applicant to inhuman and degrading treatment in case of return, contrary to the Article 3 ECHR. The Federal Administrative Court also noted the COVID-19 situation in the country and the potential risks associated due to a higher risk than reported of positive cases alongside with the recent vaccination campaign and the access to medical and hospital care.

Based on the current situation in Afghanistan, the Federal Administrative Court stated that the applicant can be granted subsidiary protection and be issued a residence permit of one year, extendable in case the conditions are still met.

The Federal Administrative Court mentioned the EASO Country Guidance report Afghanistan, December 2020.