BVwG hebt Aberkennungsbescheid von Somalier auf
Federal Asylum Court overturns Somalian's withdrawal decision
Mr. A is come from Somalia and in 2015 lodged an asylum application. Thereupon in it decision from February 2017, the Federal Asylum Court (FAC) granted Mr. A. subsidiary protection.
In the current proceedings in Decemeber 2018, Mr. A. submitted an application for the renewal of subsidiary protection. In its decision from January 2019, the Federal Asylum Office (FAO), withdrew his subsidiary protection and found that his deportation to Somalia was permissible. The FAO argued that due to improved food supply conditions (no existing drought) in Somali, he being healthy and able to work in Somalia, i.e., Mogadishu, a return for Mr. A. to Somalia was possible.
Consequently in February 2019 he lodged an appeal to the FAC against the withdrawal of subsidiary protection on grounds that according to the FAO decision's country reports, there was still a high malnutrition rate and despite the no longer prevalent drought, the land needed a good rain season to ensurance stable supply of food. Moreover the authority was wrong in assuming that Mr. A. could secure a livelihood in Mogadishu, as the employment opportunities in Mogadishu were very limited for returnees. The withdrawal of subsidiary protections required a substantial, non-temporary, change of the situation. This was not the case according to current reports, whereby the FAO unlawfully withdrew Mr. A.'s subsidiary protection.
Thereupon the FAC, in its decision from August 2019, extended the temporary residence permit for two more years. The court argued that the security situation in South and Central Somalia as well as in Mogadishu could not be expected to have improved significantly, since according to current country reports there was hardly any protection against attacks, the influence of AMISOM was often limited to city centers, and Al Shabaab continued to control parts of Somalia. In addition, the FAC stated that the FAO did not substantiate its findings regarding the changed and sustainably improved food supply situation. A comparison of the country reports from 2017 and 2018 did not reveal any fundamentally changed factors. The country reports highlighted that the situation remained precarious.