Asylum follow-up application - Afghanistan

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 Afghan asylum applications were rejected, according to the BAMF and the Federal Ministry of the Interior. Those affected have the opportunity to have their request for protection reviewed again as part 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 initial asylum 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 favor of the applicant. If there are grounds for readmission, the BAMF will check whether the applicant is eligible for asylum.

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

  1. Change in the situation: The Taliban's seizure of power has greatly changed both the political situation and living conditions.
  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 deportation bans: 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. In Afghanistan, such a danger can be expected.

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