A Syrian national, member of the Kurdish ethnic group, requested international protection in Austria on 3 October 2022, after entering irregularly via Greece and Hungary. He alleged a risk of persecution by the Syrian State, on political grounds, linked to his evasion of military service since 2011–2012, his participation in anti-Assad demonstrations in 2012, and his previous asylum applications in Europe. On 9 November 2023, the Federal Office for Immigration and Asylum (BFA) rejected granting refugee status but granted subsidiary protection and a temporary residence permit. The applicant lodged an appeal against this decision before the Federal Administrative Court.  

The Federal Administrative Court dismissed the appeal and did not grant refugee status to the applicant. It identified contradictions in the applicant’s statements, undermining the credibility of his account. In addition, the court’s assessment was grounded in current country of origin information: the ‘Country Information Sheet of the State Documentation’ on Syria (08.05.2025) and EUAA, Interim Country Guidance: Syria (June 2025). Citing the EUAA Country Guidance, the court referred to the following passage: ‘In late November 2024, Syrian rebels, led by Hay’at Tahrir al-Sham (HTS), initiated a significant offensive, culminating in the fall of the Assad regime on December 8, 2024. The rebels swiftly captured key cities, including Aleppo, Hama, and Damascus, leading to the end of the Assad family's decades-long rule, with the family fleeing abroad (…) In late January, the transitional administration annulled Syria’s 2012 constitution and disbanded the former government’s parliament, military, and security agencies. Al-Sharaa announced the creation of an interim legislative council and declared a general amnesty for Syrian army soldiers, abolished conscription, and initiated a reintegration process for former government and military personnel, including high-ranking officials.’

Based on this country of origin information, the court held that since the overthrow of the Assad regime on 8 December 2024, and the consequent abolishment of military conscription the risk of draft-related persecution no longer existed.

Furthermore, the court noted that, according to the case law of the Supreme Administrative Court (SAC), refusal to perform military service alone did not constitute persecution unless linked to a Convention ground, which in this case would be political persecution. The court further quoted SAC’s recent case law Federal Office for Immigration and Asylum (Bundesamt für Fremdenwesen und Asyl‚ BFA) v Applicant, of 22 May 2025, o (wGH 22.05.2025, Ra 2025/18/0031) and ruled that considering that there was no danger for the applicant of being drafted into the military service in Syria, he was not in danger either of suffering persecution because of an imputed political opinion.

Finally, the court also addressed the United Nations High Commissioner for Refugees’ (UNHCR) Position on Returns to the Syrian Arab Republic (December 2024), which recommended that asylum states suspend the issuance of negative decisions for Syrian nationals. While acknowledging that the Austrian Supreme Administrative Court case law required consideration of EUAA guidelines and UNHCR’s positions, the court found that granting subsidiary protection met the applicant’s international protection needs. Therefore, rejecting refugee status did not contradict UNHCR’s recommendations. 

The Federal Administrative Court therefore dismissed the appeal, holding that the applicant had not substantiated a credible and individualised risk of persecution under the Geneva Refugee Convention, while confirming subsidiary protection.