After the VfGH ruling – Afghanistan deportations: Karner wants to comply

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After the Taliban seized power in Afghanistan, there were no more deportations for almost three years. After the Constitutional Court (VfGH) gave the green light for this again, Interior Minister Gerhard Karner (ÖVP) wants to discuss with other EU countries how its implementation can work.

In addition, he said on Thursday that he had instructed the Federal Office for Immigration and Asylum (BFA) to assess further cases from Afghanistan. In any case, he will “work closely at the European level and continue to work hard on this issue with the experts from the Ministry of the Interior,” Karner said.

ÖVP and SPÖ: Criminals must be deported
Since the radical Islamist Taliban came to power in October 2021, neither Austria nor other EU countries have deported Afghans. The ÖVP and SPÖ recently spoke out in favor of deporting criminal Afghan asylum seekers to their home country. In other European countries, including Germany, there was also discussion about resuming deportations after several violent acts.

In a ruling published on Wednesday, the Constitutional Court ruled that deportations to Afghanistan are – at least in some cases – permitted again, and justifies this, among other things, with an improved security situation since the Taliban came to power. Specifically, the case concerned a young Afghan to whom the BFA had granted neither asylum nor subsidiary protection. The Federal Administrative Court upheld this decision, against which the man filed a complaint with the Constitutional Court. But the Constitutional Court also considers the decision admissible.

In principle, however, the procedures are highly dependent on the individual situation of the person concerned. In the present case, for example, the constitutional judges noted that the man had a good family network and a solid economic climate in his home country.

The humanitarian situation in Afghanistan remains precarious
According to human rights organizations, the situation in Afghanistan remains generally precarious; the rights of women and minorities in particular are being severely restricted by the Taliban. In addition, arbitrary arrests, including of former government officials, continue to occur. The humanitarian situation has also deteriorated; according to the UN, almost 24 million people in Afghanistan are currently dependent on aid.

Source: Krone

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