Asylum follow-up application - Afghanistan

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The latest developments in Afghanistan require a reassessment of asylum procedures that are still ongoing and have already been completed. The conditions for subsidiary protection as well as for a national ban on deportation have been met. For this reason, we recommend that all asylum seekers from Afghanistan take immediate action and file a follow-up asylum application or an isolated application for readmission.

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Asylum follow-up application of Afghan refugees

From the beginning of January 2015 to the end of July 2018, approximately 88,000 asylum applications from Afghan asylum seekers were rejected, according to the BAMF and the Federal Ministry of the Interior. The persons concerned have the possibility to have their request for protection re-examined within the framework of a follow-up procedure. 

The Federal Office for Migration and Refugees (BAMF) in Nuremberg has decided to suspend asylum applications from Afghans until further notice due to the current situation. The BAMF is currently waiting for an update of the Foreign Office's report "on the situation in the Islamic Republic of Afghanistan relevant to asylum and deportation".

What is the asylum follow-up application?

The asylum follow-up application is made up of parts of the asylum initial procedure and the re-admission procedure. The BAMF checks whether there are grounds for readmission.

This requires, among other things, a change in the factual and/or legal situation or the existence of new evidence in favour of the applicant. If there are grounds for re-admission, the BAMF will check whether the applicant is entitled to asylum.

In our opinion, the following preconditions for a follow-up asylum application are met after the current developments in Afghanistan:

  1. Change in the situation: With the Taliban coming to power, both the political situation and the living conditions have changed considerably.
  2. Subsidiary protection: Arbitrary violence is to be expected due to the Taliban's seizure of power. In addition, the intensity of the conflict has increased and the situation cannot be expected to improve in the near future.
  3. National bans on deportation: are issued if there is a high probability of a concrete danger to life, limb or freedom for the applicant in the country of deportation. Such a danger can be expected in Afghanistan

Further information at anwalt.de

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