The Higher Administrative of Baden- Württemberg rejected an appeal submitted by an Afghan national against a negative decision on asylum application.

In fact, the applicant submitted an asylum application on 24 June 2016 and reapplied later, but the BAMF rejected his subsequent application as inadmissible. His appeals against were rejected except the ground related to the ban on deportation. The applicant requested a ban on his deportation to Afghanistan and alleged a risk of violation of Article 3 ECHR.

The Higher Administrative Court detailed on the ECtHR jurisprudence on the prohibition of refoulement and analysed the personal circumstances of the applicant to conclude that there are no reasons and circumstances to consider that there is a real danger in the event of his return to Afghanistan neither for reasons individually linked to his person, nor because of his departure from Afghanistan and his stay in Western countries or because of his ethnicity (d) or for other reasons, including the precarious humanitarian conditions in Afghanistan.

The Higher Administrative Court requested the applicant to submit documents with regard to his financial situation and it was noted that he has gross income of approximately EUR 2,300 per month and he has cash assets of approximately EUR 4,000. The applicant submitted various documents in support of his statements.

The court stated that the mere fact of belonging to the Hazara ethnic group and to the Shiite-Muslim faith, does not entail, with a sufficient probability, that the applicant would be at risk of treatment contrary to the Article 3 ECHR.

The court considered that if a returnee to Afghanistan who has no other maintenance obligations, and for whom no accommodation costs are to be included in the calculation, there is no justification for impoverishment occurring there immediately after deportation because he has cash assets of approximately EUR 4,000.