Have you ever killed someone in India
REASONS FOR DECISION:
1. Preliminary proceedings
1.1. On XXXX the complainant (hereinafter: BF) filed an application for international protection after illegally entering the Austrian federal territory, whereupon he was first questioned on XXXX by an organ of the public security service. As for his reasons for fleeing, he submitted that he had looked after a man named XXXX in a pilgrims' home. He killed his chauffeur and blamed the crime on the BF. The police locked him up for a day and beat him. After his release he fled.
In the course of the written questioning in front of the Federal Asylum Office on XXXX, the BF stated after being instructed about the consequences of false statements that his name was XXXX and that he was born on XXXX in XXXX in the XXXX district. The smuggler in Italy took away his passport. He is an Indian citizen and belongs to the Sikh religious community and the Jat ethnic group. In Austria he delivers newspapers. His father and mother would still live in his parents' house. He has not had any contact for two months. His father is a farmer. After school he worked at home. Then he went to XXXX. There he cleaned at the headquarters of XXXX. He had not been outside of this city and he could not name any surrounding cities. He also knows nothing about the city itself, since he was only at the XXXX's residence. His father paid for the tractor. As for his reasons for fleeing, he alleged that XXXX had been accused of some murders and rape. His chauffeur knew all of this and was therefore killed. XXXX and his people would have wanted the BF to take on the murder of the chauffeur. He learned this from other people.
The chauffeur was murdered in XXXX, his name was XXXX. He does not know where the murder took place. Although the murder had happened earlier, the proceedings had been reopened. The police had given him trouble and the XXXX could have killed him too. The police took him away two months before he left the country. He was there for a day and a night. He later learned that XXXX had reported him. Specifically, he claimed that the BF had killed the chauffeur. XXXX gave the police money to portray the BF as a murderer. If he returns, he is afraid that XXXX will have him killed or that the police will arrest him.
With the decision of the Federal Asylum Office dated XXXX, Zl. XXXX, the application of the BF both with regard to the granting of the status of asylum seeker (ruling point I.) and with regard to the granting of the status of beneficiary of subsidiary protection in relation to India (ruling point II.) As unfounded rejected. According to § 10 AsylG, the BF was expelled from the Austrian federal territory.
1.2. On XXXX, the BF made the second application for international protection from the status of detention pending deportation. In the course of his first interview on XXXX, he stated, among other things, that he had stayed in XXXX for the first two months after his asylum application. Then he moved to XXXX, where he lived until his arrest on XXXX. He is making a new application because he has not received a notification or a rejection of his first application. It was only when he was arrested that he found out that his first application had been concluded negatively. He had not been able to bring an appeal, so he wanted to apply again. His father was murdered three months ago in India by supporters of the XXXX sect. He heard this from a friend over the phone. If he returns, he is afraid that he will also be murdered by the sect. The BF does not know where his mother is. For these reasons, he could not return to India. He is afraid for his life.
On XXXX, the BF was questioned in writing before the Federal Asylum Office. The de facto protection against deportation in accordance with Section 12 AsylG was lifted with an orally announced notification on the same day. With the decision of XXXX, the application of the BF according to § 68 AVG was rejected because of a decided matter. In accordance with Section 10, Paragraph 1 of the Asylum Act, he was expelled from Austria to India.
2. Representative procedure
2.1. The BF was transferred from Romania to Austria on XXXX, as the Republic of Austria undertook, in accordance with Regulation (EU) No. 604/2013, to take him over to carry out an asylum procedure. On the same day, the BF filed the (third) application for international protection in Austria.
In the course of his first questioning before an organ of the public security service on XXXX, he stated that he had left Austria since the decision on his last application for international protection. After receiving a negative decision and being asked to leave the country, he stayed in Romania. He could not return to India because nothing had changed in terms of the risk situation. He has no new reasons for fleeing. He feared that he, like his father, would be killed by members of the XXXX sect.
2.2. On XXXX, the BF stated in the written questioning before the Federal Office that he was currently not undergoing medical treatment and was also not taking any medication. He feels good. He does not have any documents proving his identity. He lost this in Italy in XXXX. The embassy does not give a passport. Up until now he had given incorrect data, which is why he was unable to apply for a passport. His name is XXXX was born on XXXX in XXXX. When asked why he had submitted an application under false data, he said he had come here and was immediately arrested by the police. He was scared and didn't want to return to India. He has no relatives in Austria and does not live with anyone in a family community or in a family-like community. He works as a newspaper delivery man and earns around € 500 per month. He did not attend a German course. He lives in an apartment with another Indian, but only knows his nickname. He pays € 150 per month for the room in this apartment. He is not a member of an association or any other organization. As to the reasons for filing another application for international protection, he said he was still having problems in India. When asked why he had traveled to Romania, he stated that he had wanted to go to Rome. He did not speak the language and a truck driver took him away. So he did not come to Rome, but to Romania. Regarding the intention to reject his application because of a decided matter according to § 68 AVG, he stated that he could not go back to India because he had problems there. Two friends of his had been murdered in India and he would try to produce evidence. Specifically, he would be contacting a friend named XXXX. He has no contact with his family. If you don't send money, there is no contact. An expulsion to India stands in the way that friends of his had been killed and he therefore does not want to return.
2.3. In a letter dated XXXX, the BF presented a copy of a birth certificate including a German translation by way of its legally friendly representation.
2.4. On XXXX, the BF was questioned again in front of the Federal Office. The BF stated that he was single and had no children. His father died in the year XXXX. His mother is still alive. He also has two brothers and a sister. His family still lives in his place of origin. His brothers are active in agriculture and would also support his mother. His sister is married and lives with her husband. After school he worked as a chauffeur. In Austria he distributes newspapers and advertising material. It is "illegal work". He has to pay his rent and his food. He planned to leave India for four or five months. He belongs to the religion of the Sikhs as well as the ethnic group of the Jat. He was never politically or religiously active. The police picked him up once or twice and questioned him in XXXX. The next day he was sent home. He was with the police because he had problems with XXXX.
As to his reasons for fleeing, he stated that he had worked for XXXX. He did a lot of left-wing things. He killed people and traded drugs. He sent women to prostitution. When the BF found out, XXXX was afraid that the BF would go to the police. Therefore he wanted to have him killed. His life was in danger, so he fled India. He couldn't remember the details. There were always people at his home looking for him. This XXXX is a very powerful man and can send people at any time and have him killed. These are all his reasons for fleeing. Ten to fifteen times he ran into people and he went into hiding. He was always able to evade. They would have hurt him once or twice. That happened once in the year XXXX in his home village, once in Amritsar. Specifically, he was injured in his left foot and hand. In the first attack there were ten to fifteen people. They attacked him at 11 a.m. that morning. The second attack took place in his village at around 8 p.m. Six to seven people were there. They threw a stick at him when he ran away. The first time he didn't notice what they hit him with. He did not file a complaint. They are very powerful people. XXXX has a great influence on the police. He didn't have any problems with the police. He himself had no problems with the police. However, you did not take up the charge against XXXX. XXXX paid the police to scare him. The police hit him on the feet. They would have hit his back with a leather belt. If he returned, these people would kill or kidnap him. XXXX has many followers and everyone will obey his orders. He was a holy man and could do anything. His people are all over India. The BF belonged to this group, but could not present a membership card or the like. He only worked to earn money and was not a permanent member. When asked whether the BF had objections to further investigations into his submissions being carried out in India, including with the involvement of a liaison officer or a lawyer of trust, he stated that he was against it. He is afraid that his opponents will find out where he lives.
2.5. With the now contested decision of the Federal Office for Immigration and Asylum dated XXXX, the complainant's application for international protection in accordance with Section 3 Paragraph 1 in conjunction with Section 2 Paragraph 1 Item 13 AsylG 2005 (ruling point I.) as well as with regard to the granting of subsidiary status Persons entitled to protection with regard to the country of origin India in accordance with Section 8 (1) in conjunction with Section 2 (1) no. 13 AsylG 2005 (point II.) Rejected. A residence permit for reasons worthy of consideration according to § 57 AsylG 2005 was not granted (point III.). According to § 10 Abs. 1 Z 3 AsylG 2005 in connection with § 9 BFA-VG, a return decision was issued against the complainant according to § 52 Abs 2 Z 2 FPG (ruling point IV.) And according to § 52 Abs. 9 FPG under a determined that Deportation of the complainant according to § 46 FPG to India is permissible (point V.). According to § 55 FPG, the deadline for voluntary departure was set at 14 days from the return decision becoming final (point VI).)
2.6. With the complaint filed in due time on XXXX, this decision was contested in full by the BF by way of his designated representative because of deficiencies in the procedure, inadequate reasons for the decision and incorrect legal assessment. After presenting his main arguments, the reasons given were that he had provided comprehensible and verifiable information. It should have obtained a country-specific expert report on its person or a lawyer of trust should have been consulted on the matter. Only after researching the relevant facts would the authority in question have been allowed to issue a decision and an application would therefore be made to obtain a country-specific expert opinion. Furthermore, the BF only had a school education of 10 years and the authorities concerned should have given him the opportunity to resolve any contradictions. In addition, the authority should have dealt more closely with the BF's submissions. As a result of the powerful influence of his former employer, the BF would not be able to get ahead in India. The Indian security authorities are neither capable nor willing to protect.
The statements of the authority, according to which the BF has no family members within the meaning of Art. 8 ECHR, is also countered by the fact that he had specifically stated that he lived with his girlfriend in Austria in a common household. In the opinion of the BF, his girlfriend should also have been asked about the relationship. He has been in Austria for 9 years and has built up a circle of friends and acquaintances. He is socially, socially and linguistically integrated. Consequently, he should have been granted a residence permit for reasons worthy of consideration.
2.7. The complaint was submitted to the Federal Administrative Court on XXXX.
2.8. With the procedural order from XXXX, the BF was sent the country information sheet India from XXXX for comment within 10 days and at the same time was instructed to submit an up-to-date insurance data excerpt, proof of his knowledge of German and, if necessary, documents to certify legal employment.
2.9. In a letter dated XXXX, the BF requested an extension of the deadline by way of his legally friendly representation. In a letter dated XXXX, he applied for the testimony of his partner to be questioned for a final assessment of his private and family life in Austria.
2.10. With the letter dated XXXX, the following documents relevant to the procedure (copies) were submitted:
* Service contract (subject to the condition precedent with the granting of a residence and work permit) regarding the activity as a temporary worker in the kitchen, washing dishes and cleaning the sanitary facilities for a weekly working time of 38 hours and a monthly wage of € 1,600 gross, concluded on XXXX;
* Credits from November 2011, February 2012, April 2012, July 2013, August 2013, September 2013 and November 2013 of the XXXX for delivery activities;
* Area management contract between the XXXX and the BF, concluded on XXXX.
2.11. On XXXX, an oral hearing took place before the court making the decision, with the assistance of an interpreter for the Punjabi language and in the presence of the legally friendly representative of the BF and a representative of the authorities.
The main course of the negotiation was as follows:
R asks the complainant whether he is mentally and physically able to follow today's negotiation or whether there are any obstacles. Now the complainant is asked whether he is healthy or whether he has (illnesses) and / or ailments. These questions are answered by the complainant in such a way that there are no obstacles or chronic illnesses and diseases. The complainant is able to follow the negotiation in full.
BF: I am healthy and can attend today's negotiation.
It is explained to the complainant that he has to participate accordingly in the proceedings and that he has to answer the questions truthfully. Otherwise this would have a corresponding effect in the decision of the Federal Administrative Court.
R: Do you have any new evidence that you have not yet submitted to the BFA or the police?
BF: I'm currently doing a German course, otherwise I don't have any other documents.
R: Where do you do the German course?
RV presents: Confirmation of the attendance of the German intensive course A2, which is included as an attachment ./A to the file.
In addition to the documents requested by XXXX, no further documents already submitted to the BVwG will be submitted.
R: Why didn't you leave Germany after the negative decisions?
BF: Where else should I go? I've been here from the start and I don't know anyone in other countries and I have no other relatives there.
R: How long have you been in Austria?
BF: Since XXXX.
R: where were you born?
BF: I was born in XXXX Village, XXXX District, Punjab State.
R: Did you live there alone?
BF: I lived alone.
R: Did you live there alone from birth?
BF: No, my mother lived with me.
R: What about your father?
BF: He passed away.
BF: 15 or 20 years ago.
R: In what year?
BF: That was around year XXXX, but I'm not sure.
R: In the transcript of XXXX you said that your father died in XXXX.
BF: That's why I said I can't remember exactly, I'm forgetful.
R: How many siblings do you have?
BF: I have two brothers.
R: How many sisters?
BF: A sister.
R: Where do they live?
BF: I don't know, I have no contact with you.
R: How long have you had no contact with your siblings?
BF: For 5-6 years.
R: Why do you have no contact with your siblings?
BF: We just don't have any contact, we don't live together either.
R: Have you been in contact with your mother since you left?
BF: Yes, a little.
R: how is she?
BF: She's getting old.
R: The question was how is she doing.
BF: She is very sick.
R: What does she have?
BF: Your body doesn't make that much blood.
R: Did she tell you what illness she had?
BF: She has asthma and as I said, her body does not make enough blood and she also reacts poorly to medication.
R: How long have you had no contact with your brothers and sisters?
BF: For 7-8 years.
R: Since what year?
BF: About XXXX.
R: In the transcript of XXXX you said that your relatives or your brothers and sisters would be fine. How do you know?
BF: What else should I have said, maybe they are fine.
R: What school and professional training do you have?
BF: I failed the 8th grade and couldn't go on to school because we had problems at home. I don't have any professional training either.
R: What did you work in India?
BF: I was a driver.
R: How long did you do this job?
BF: Approx. 15 years.
R: How would you rate your living conditions in India?
BF: Since my father was sick for a very long time, we were poor.
R: Have you been able to live on the money you made?
BF: No. I couldn't make a good living from this income, and I couldn't pay for the medication for my father either.
R: Who else made a living for you?
BF: My brothers work in agriculture, they didn't contribute to the household either.
R: Were you the only person who made a living for yourself and your father or mother?
BF: Yes, my parents were financially dependent on me.
R: Who is going to finance your mother's living now?
BF: I don't know how she's getting through now.
R: Do you send your money?
BF: Very seldom, because I also need the money here for a living.
R: How often do you send money to your mother?
BF: This year I sent her 100 euros each twice.
R: How old were you when you left India?
BF: 29 years.
R: Have you stayed here constantly since you left India or have you returned to India in the meantime?
BF: I was here all the time.
R: What mode of transport did you use to leave India?
BF: The tug organized everything.
R repeats the question.
BF: By plane from Delhi.
R: Did you have problems leaving the country?
R: What was your target country?
BF: I wanted to come to Europe, I didn't know which country.
R: What country did you end up in?
R: Then why did you come to Austria?
BF: Someone in Italy told me that you can get asylum in Austria and that you can live well here, that's why I took the train to Austria.
R: When exactly did you come to Austria from Italy?
BF: I don't know the exact date.
R: In what year?
R: How much did you pay for the tractor to travel from India to Europe?
BF: 700,000 or 800,000 Indian rupees.
R: Where did you get so much money from?
BF: I sold my property in India at the time.
R: Do your parents have a farm?
BF: Yes, my parents divided their property and I sold my part.
R: Who did your parents share the property with?
BF: You split that up on the three of us brothers.
R: What would you fear if you had to return to India now?
BF: I'm scared of the people from XXXX.
R: Why are you afraid of the XXXX?
BF: I was a driver in the XXXX area. I.e. I was his driver. This man has committed many criminal acts. He raped women and he emasculated many men. I knew about it. There were many charges against him. XXXX told me to answer for the ads and take this on my head.
R: What exactly should you take on your cap?
BF: He said that I should take responsibility for all of these charges against him.
R: How long have you been working for this XXXX?
BF: Approx. XXXX.
R: How long have you been working since then?
BF: 7 or 8 years.
R: Have you ever filed a complaint against him?
BF: No. He is a very powerful man, he has contacts up to the Prime Minister.
R: Then what was the specific reason that you left India?
BF: Because of this problem. If I had stayed there, they would have killed me.
R: Why would you have been killed?
BF: As I said, you wanted me to take responsibility for all reports that were registered against XXXX. I also knew about his criminal acts.
R: How did you react when the XXXX came to you with this concern?
BF: He didn't come to me himself, but sent his henchmen to me. I said I can't take these ads because I have to take care of my parents. My father is very sick and I am the only one who takes care of him.
R: How was the reaction to that?
BF: Then you hit me.
R: When was that?
BF: That was XXXX, I can't remember exactly.
R: In what month?
BF: I don't know.
R: Tell me exactly what happened there.
BF: You came to my house several times, you threatened me. I then went away from home and went into hiding. But you were looking for me.
R: You said you were XXXX beaten. What exactly happened and how?
BF: About 25 to 30 people came, this man has millions of followers all over India. I have nowhere to hide from him.
R: How did this incident actually unfold, what happened there?
BF: That was in the evening, they threatened me and wanted to hit me. They came once before that and hit me a lot. They thought I was dead.
R: When was the first time you were threatened and when was the first time you had an argument with the supporters of XXXX for the first time?
BF: I can't remember exactly when it was the first time.
R: When about?
BF: I think it was XXXX.
R: When in the year XXXX?
BF: I don't know.
R: What exactly happened the first time in the year XXXX?
BF: At that time around 10 people came to my house and said that I should take these advertisements on my own head.
R: How long have you worked for XXXX?
BF: 7 or 8 years.
R: Until when?
BF: I think up to about XXXX.
R: Then what happened after he asked you to take the ads?
BF: I refused. These people knew that I knew everything that was going on there and I could become a threat to the XXXX. Then they hit me.
R: How did that happen exactly?
BF: You tried to strangle me.
R: Then how did you react to that after that physical altercation happened?
BF: I passed out and they thought I passed away.
R: Why should you actually take on the ads, why you of all people and not someone else?
BF: Because I was always there with him as his driver and I knew everything.
R: Was that the only argument you had with people from your former employer?
BF: There were also other arguments and that is why I had to flee.
R: How many concrete, direct arguments have there been with these people?
BF: 6 or 7 times.
R: When was the 2nd argument that you personally had with these people?
BF: I can't remember exactly. Maybe that was in year XXXX.
R: Were you injured the first time?
R: Where were you injured?
BF: On the leg.
R: On which leg?
R: Was that the first time or one of the other times?
BF: No, it wasn't the first time, it was later.
R: When was that later?
BF: That was about 6 or 7 months after the first argument.
R: Were you injured the first time?
BF: Like I said, they tried to strangle me and thought I was dead.
R: When did the first argument take place?
BF: That was in the evening.
R: What time?
BF: I don't know the time.
R: How many months or weeks later was the 2nd
BF: 6 or 7 months after that.
R: How many were involved?
BF: 15 to 20 people came.
R: Can you tell me how the second argument went?
BF: You told me again to take all charges and when I refused, I was beaten.
R: How did the second argument actually unfold?
BF: I was on the way home and was asked by them on the way. As I said, they threatened me again that I should take all the allegations on myself. When I refused, I was beaten with sticks.
R: Describe this argument for me.
BF: 5 or 6 people hit me with sticks, the others watched.
R: How did it go exactly?
BF: Nobody was there to help me
R: How did it go then?
BF: I've told you everything.
R: Have you ever turned to the police?
BF: No, this man was very powerful. The police would not have taken my complaint.
R: Did you have problems with the police yourself?
BF: Yes, I was taken by the police once. That was because of the XXXX.
R: What exactly did the police want from you?
BF: XXXX bribed the police and the police told me to take on all the allegations.
R: When was that?
BF: I think that was XXXX. The police also tortured me.
R: What month was that?
BF: I don't know the exact month, but it was the beginning of the year.
R: How long have you been with the police?
BF: I was stopped overnight.
R: What happened then?
BF: I was then released through the intervention of the village council.
R: Then where were you when you were released?
BF: I didn't go home, I always stayed in different places until I left India.
R: How long did you stay in India then?
BF: Approx. 1 year.
R: Did you still have problems with the people from your previous employer?
BF: Until I left, I had difficulties because of these people.
R: What difficulties did you have because of these people?
BF: They were looking for me and when they saw me every now and then they hit me.
R: How many times have you seen her after you were released by the police until you left the country?
BF: 2 or 3 times.
R: When exactly?
BF: That was in the year XXXX. I can't remember the exact dates, not even the months.
R: What exactly would you fear if you had to return to India?
BF: You could still kill me, you tried to kill me then too.
R: Why do you think that the followers of XXXX were ultimately stopped from killing you then?
BF: You have always threatened me that if I don't take the allegations under my head, they will kill me. That's why they didn't kill me.
R to RV and BehV: Do you have any questions about the escape submissions?
RV: Did you know someone personally who tried to report XXXX to the police and who succeeded in doing so?
BF: No, I don't know anyone personally.
RV: Do you know if anyone other than you has been threatened?
BF: I am sure that other people have also been threatened. But I don't know them personally or I've forgotten about them after so many years.
RV: Do you know whether XXXX was still as influential as it was before you left India?
BF: He's in jail himself now, but his followers are still causing problems. Last year 100 people were killed in clashes.
R: Do you speak German?
BF: Yes, a little.
Question in German: Are you married?
BF does not answer.
Question is repeated with D in Punjabi.
Question in German: How long have you been attending a language course in Austria?
BF: Please speak more slowly, I don't understand.
BF: Yes, German course in XXXX.
Question in German: Describe your typical everyday life from getting up to going to bed.
BF: I don't understand you.
Question in German: What do you do in your free time?
Question is repeated.
BF: I don't understand.
Question is repeated with D in Punjabi.
BF: I work all the time, I'm a newspaper deliverer and during the day I hand out advertising slips.
Question in German: How much money do you earn per month for this job?
BF: Speak in simple sentences, I don't understand you.
Question in German: How much money do you earn per month?
BF: I beg your pardon? You are talking too complicated, I do not understand you.
Question in German: Do you have a group of friends in Austria?
BF: girlfriend, yes.
BF to D: Does he ask where my girlfriend is from?
The trial continues in Punjabi.
R: How long have you been working as a newspaper deliverer?
BF: Since XXXX.
R: Why didn't you provide me with an insurance statement?
BF: The police took my asylum card from me. I need an asylum card to provide documents, otherwise I won't get any documents.
R: Have you instructed your representative to obtain an insurance statement?
BF: I don't know about that.
R to RV: Have you made an application for the insurance data to be issued?
RV: No, I told him to do it himself.
R: What is your average monthly salary as a newspaper delivery person?
BF: Before, when I had the asylum card, I could earn up to 600 euros a month. But since the police took away my asylum card, I can only help one friend. He gives me 300 euros a month.
R: What is the name of the friend and where does he live exactly?
BF: XXXX. I only know him as XXXX.
R: What is his first and last name?
BF: As I said, everyone calls him XXXX.
R: Where exactly does he live?
BF: He lives near XXXX.
R: Where exactly?
BF: I don't know the exact address, he always picks me up from XXXX.
R: How long have you been working with this XXXX?
BF: For 3 or 4 years. About 3 years.
R: How much rent do you pay?
BF: 150 euros.
R: Will you pay for the 150 euros?
R: Do you have a group of friends in Austria?
R: Do Austrians also belong to them?
BF: No, they are Indians.
R: Is Laki an Indian too?
R: are you married?
R: Do you live in a partnership?
R: How long have you been living in a partnership?
BF: For about 4 years.
R: with whom?
BF: She comes from Romania.
Question is repeated.
BF: I can't write that. (Phonetic) XXXX.
R: Where does Izuana Frosa live?
BF: In XXXX. (Phonetic) XXXX.
R: where do you live?
BF: I live at the same address.
R: How long have you been living with this woman?
BF: For about 4 years.
R: When did you get to know the woman exactly?
BF: About 4 years ago. I don't know the exact date.
R: And the approximate date?
BF: Maybe that was XXXX.
R: In what month?
BF: Maybe it was March or April.
R: When is your girlfriend's birthday?
R: Where is your girlfriend at the moment?
BF: She is in Romania and has been doing a course there for 2 months.
R: What is your girlfriend doing in Austria?
BF: She also works as a newspaper delivery woman.
R: When did your girlfriend leave Austria?
BF: 2 months ago, as I said, because of a course.
R: What kind of course is it exactly?
BF: I don't know.
R: Where was your friend born in Romania?
BF: In XXXX (phonetic).
R: Did you ask your friend what kind of class she is doing?
BF: Yes, she already told me that, but I forgot. I am illiterate, so I don't remember things.
R: When was the last time your girlfriend was in Romania?
BF: That was 6 months ago because your uncle was sick.
R: Does your girlfriend have children?
R: Do you have children of your own?
R: At the time you met your girlfriend, did you know that you couldn't trust to stay in Austria?
R: Why did you stay in Austria after receiving several negative decisions?
BF: Where else should I go? I want to stay here.
R: You have several negative decisions and you would have to go back to India. Why did you not accept or ignore the decisions?
BF: I can't go back to India, I'm afraid these people will kill me.
R: How much does your girlfriend earn?
BF: She gets 500 euros.
R: Do you work in an association, organization, club or something like that in Austria or are you arranged?
R: Do you have any serious illnesses? Have you been to a hospital in Austria?
BF's attention is drawn to the right to reject.
R: Do you have a criminal record, are you currently in criminal or administrative proceedings?
R: Do you have relatives in Austria?
R to RV and BehV: Do you have any questions about integration?
RV: Does your girlfriend pay part of the rent too?
RV: how much?
BF: She pays 150 euros.
RV: Do you split the rent?
BF: Yes, it gives you more. She pays 200 and I pay 150 euros.
RV: If your girlfriend is in Vienna, who pays the living?
BF: We pay together.
R: Do you have health and accident insurance?
R: What do you do if something happens to you?
BF: I don't have proof of identity.
R repeats the question.
BF: I don't know.
R: Have you already thought about that?
BF: I asked some Indians how I can insure myself. Everyone said that I needed proof of identity and other documents.
R: Do you know how much auto insurance costs per month?
BF: Yes, around 50 euros.
BehV: Does anyone else live in XXXX besides you and your girlfriend?
BF: Yes, since my girlfriend has been in Romania, a man has been living there.
R: What's his name?
R: Who is the main tenant of the apartment?
R: How big is the apartment?
BF: I don't know what's in the contract.
R: Do you live in the same apartment or do you live in another apartment?
BF: I lived there, there is a large room and a kitchen.
R: Do all 3 people live there, or which other people?
BF: No, just the 3 of us.
R: What is your relationship with your girlfriend? Is it a household or living community or a loose connection?
BF: It's a community. She is like my wife.
RV: Do you sleep with your girlfriend when she's here?
R: How do you do that when your boyfriend is around?
BF: He's sleeping in the kitchen. The kitchen is big.
R: What does your friend pay for the apartment?
BF: This is his apartment, I don't know how much he's paying. We'll give him the money.
R: Who pays electricity, gas and other operating costs?
BF: Electricity, gas and operating costs are included in the money we pay.
R: Did you tell your friend about your insecure residence status when you met her?
BF: I told her that I was an asylum seeker.
R: Did you mind that you still have asylum seeker status?
RV: Is your girlfriend registered here?
BF: Registration form, yes.
R: Do you know if she has a registration certificate?
BF: I don't know about that.
RV: Do you even know what that is?
R: Is your girlfriend legally staying in federal territory when she is there?
BF: Yes, she lives legally, she has a registration form.
R: You still need a registration certificate.
BF: I don't know for sure, I don't think she has anything like that.
R: How do you talk to your girlfriend when she is there?
BF: She speaks English too, and I can speak a little English too.
R: Is that enough, a little English?
BF: Yes, that's enough, or we'll use a cell phone translator.
R: What kind of school education does your friend have?
BF: She reached the 10th grade.
R: What did she work in Romania?
BF: I don't know.
R: Did you talk about it?
RV: Do you know if your girlfriend has siblings?
BF: I never heard from her about any siblings.
R: Have you ever talked about your girlfriend's family situation?
BF: She said she was alone in Romania.
R: Was she always alone in Romania?
BF: When we met, she said that she lived alone. She said she lives in your uncle's house.
R: What about your parents?
BF: She no longer has any parents.
R: When did they die?
BF: I don't know. When we met, they had already died.
RV: Do you know when your girlfriend is coming?
BF: No, I don't know. She told me she was coming soon.
RV: I am not making a statement.
BehV: I will not comment.
RV applies for adjournment so that XXXX can be questioned.
II. The Federal Administrative Court has considered:
1.1 About the BF
The BF is an Indian citizen, belongs to the Jat ethnic group and the Sikh religious community and comes from the Indian state of Punjab.
After unlawful entry into the federal territory, he submitted an application for international protection for the first time on XXXX. The application was rejected with the decision of the Federal Asylum Office of XXXX both with regard to the granting of the status of asylum seeker and the granting of the status of beneficiary of subsidiary protection in relation to India. Furthermore, the BF was expelled from the Austrian federal territory to India. However, the BF did not leave the federal territory and was arrested on XXXX. On XXXX, he then submitted another application for international protection from the state of detention pending deportation. After investigative proceedings had been carried out, this application was rejected with a decision from XXXX in accordance with Section 68 (1) AVG because of a decided matter. In accordance with Section 10 (1) AsylG, the BF was again expelled from the Austrian federal territory to India.
The BF remained in Austria at least until the end of XXXX. As a result, he traveled to Romania at a time that can no longer be determined, where he again submitted an application for international protection under the name XXXX. On XXXX he was transferred from Romania to Austria, where on the same day he filed the (third) application for international protection, which is the subject of the proceedings.
1.2. On the reasons for flight and persecution in the country of origin
It cannot be determined that the BF has left his country of origin for one of the reasons given by him - specifically because of the persecution by the sect leader XXXX or his followers - or that he would face danger or persecution for these reasons if he returned.
Furthermore, it cannot be ascertained that, in the event of a refusal, deportation or deportation to India, his right to life will be endangered, will be subjected to torture or inhuman or degrading punishment or treatment, or will be threatened with the death penalty or for the FI as a civilian would pose a serious threat to life or integrity as a result of indiscriminate violence in an international or domestic conflict.
1.3. On the private and family life of the BF
In his home country, the BF attended school for eight years and then went on to work. His first language is Punjabi. He also speaks English and has a command of German at language level A1. His mother and siblings live in India. He still maintains contact with his mother.
In Austria, the BF has been working as a newspaper deliverer and advertising material distributor since around the year XXXX. He does not receive benefits from the basic supply. He currently only earns € 300 per month by supporting a friend in this activity. So it is not capable of self-sustaining. The BF has no health and accident insurance. He lives in a shared apartment. The monthly rent is € 150. He built up a circle of friends and acquaintances in Austria. He is currently taking part in an A2 German course. The BF is not involved in an association or any other organization. The BF is innocent in Austria.
The BF has had a relationship with a Romanian national with whom he also lives in a common household for around four years. However, his girlfriend is currently in Romania to complete a course. The relationship life between the BF and his girlfriend is not very pronounced. There is no financial dependency between them. Both the BF and his girlfriend were aware of the BF's uncertain whereabouts when entering into the relationship.
1.4. On the situation in the country of origin:
India is rich in tensions across ethnic groups, religions, castes and also life perspectives, which often erupt in local riots (GIZ 3.2018a). Terrorist attacks in previous years (December 2010 in Varanasi, July 2011 in Mumbai, September 2011 in New Delhi and Agra, April 2013 in Bangalore, May 2014 in Chennai and December 2014 in Bangalore) and in particular the attacks in Mumbai in November 2008 pressured the government. Only a few of the attacks in recent years have been completely cleared up and the reform projects announced in response to these incidents to improve the Indian security architecture have not been implemented consistently (AA April 24, 2015). But there were also terrorist attacks with an Islamist background in the rest of the country. In March 2017, an "Islamic State" (IS) cell in the capital of the state of Madhya Pradesh placed a bomb on a passenger train. According to the police, the terror cell is also said to have planned an attack on a rally by Prime Minister Modi (BPB 12.12.2017).
The tensions in the north-east of the country continue, as does the dispute with the Naxalites (GIZ 3.2018a). The state monopoly on the use of force is being called into question in some areas by the activities of the "Naxalites" (AA September 18, 2018).
The South Asia Terrorism Portal recorded a total of 898 fatalities from terrorism-related violence in 2016. In 2017 803 people were killed by terrorist violence and in 2018 935 people were killed by acts of terrorism. By January 13, 2019, 12 deaths were registered as a result of the use of terrorist violence [Note: the figures quoted include civilians, security forces and terrorists] (SATP January 13, 2019).
Conflict regions are Jammu and Kashmir, the northeastern regions and the Maoist belt. Attacks by Maoist rebels on security forces and infrastructure continued in Jharkhand and Bihar. In Punjab there were repeated assassinations and bomb attacks by violent opponents of the government. In addition to the Islamist terrorists, the Naxalites (Maoist underground fighters) contribute to the destabilization of the country. From Chattisgarh they fight in many union states (from Bihar in the north to Andrah Pradesh in the south) with armed force against state institutions. In the north-east of the country, numerous separatist groups (United Liberation Front Assom, National Liberation Front Tripura, National Socialist Council Nagaland, Manipur People's Liberation Front etc.) are fighting against state power and demanding either independence or more autonomy. Hindu radicalism, which is directed against minorities such as Muslims and Christians, is seldom officially classified in the category of terror, but rather referred to as "communal violence" (ÖB
The government acts with great severity and consistency against militant groups, who mostly advocate the independence of certain regions and / or adhere to radical views. If such groups renounce violence, negotiations about their demands are usually possible. Nonviolent independence groups are free to be politically active (AA September 18, 2018).
Pakistan and India
Pakistan neither recognizes the accession of Jammu and Kashmir to the Indian Union in 1947 nor the de facto division of the region between the two states since the first war in the same year. India, on the other hand, takes the position that Jammu and Kashmir as a whole are not part of India (AA 11.2018b). Since 1947 there have been three wars due to the disputed Kashmir area (BBC January 23, 2018).
After the peaceful struggle for independence against British colonial rule, the bloody division of British India, which was accompanied by mass exodus, severe outbreaks of violence and pogroms, showed how difficult it will be to keep the ethnically, religiously, linguistically and socio-economically extremely heterogeneous society together in a nation-state. The inter-religious violence continued even after the partition between India and Pakistan (BPB 12.12.2017).
India accuses Pakistan of at least tolerating, if not promoting, infiltration of terrorists into Indian territory. Major terrorist attacks in India in 2001 and 2008 and a terrorist attack on a military base in the Indian part of Kashmir in September 2016 had significantly exacerbated tensions in bilateral relations. According to a government statement, India responded to the attack that struck 18 between Indian and Pakistani troops on the armistice line in Kashmir. India sees Pakistan as being responsible for the terrorist threats on its north-western border and is increasing the pressure on its neighbors to achieve effective Pakistani measures against terrorism (AA 11.2018b).
The dialogue process between the two sides, which gave rise to hope from 2014-2015, came to a standstill in 2016. Relationships are currently stable at a very low level (AA 11.2018b).
AA - Federal Foreign Office (September 18, 2018): Report on the asylum and deportation-relevant situation in the Republic of India
AA - Federal Foreign Office (April 24, 2015): Report on the asylum and deportation-related situation in the Republic of India
AA - Foreign Office (11.2018b): India, Foreign Policy, https://www.auswaertiges-amt.de/ de / aussenpolitik / laender / indien-node / - / 206046. Accessed January 23, 2019
BBC - British Broadcasting Corporation (23.1.2018): India country profile - Overview,
http://www.bbc.co.uk/news/world-south-asia-12557384. Accessed January 29, 2019
BPB - Federal Agency for Political Education (12.12.2017):
Internal conflicts - India, http://www.bpb.de/internationales/weltweit/innerstaatliche-konfligte/215390/ Indien.
Accessed October 23, 2018
GIZ - German Society for International Cooperation GmbH (3.2018a): India, https://www.liportal.de/haben/geschichte-staat/. Accessed October 11, 2018
ÖB - Austrian Embassy New Delhi (12.2018):
Asylum Country Report India - Working Version
SATP - South Asia Terrorism Portal (13.1.2019): Data Sheet - India Fatalities: 1994-2019,
According to the Indian Ministry of the Interior on the numbers of the census in 2011, 16 million of the 21 million Sikhs live in Punjab (MoHA undated).
Terrorism in Punjab almost came to a standstill in the late 1990s. Most of the high-profile members of the various militant groups have left the Punjab and operate from other Union states or Pakistan. They also receive financial support from Sikh groups in exile in western countries (ÖB
Pakistan's illegal arms and drug trafficking in Indian Punjab has tripled recently. In May 2007 the Indian secret service became aware of plans by the Pakistani secret service, Inter-Services-Intelligence (ISI), which, together with the Sikh group Babbar Khalasa International (BKI) and other militant Sikh groups, carried out attacks on cities in the Punjab ( Jalandhar, Ludhiana, Pathankot) intended. The security authorities in Punjab have so far been able to successfully neutralize the burgeoning revival of the militant Sikh movement (ÖB 12.2018). In Jammu and Kashmir, Punjab and Manipur, the authorities have special powers to search for and detain people without an arrest warrant (USDOS April 20, 2018; cf. BBC October 20, 2015). According to human rights reports, there are regular cases of human rights violations in Punjab, especially by the security authorities (extrajudicial killings, arbitrary arrests, torture in police custody, death as a result of torture, etc.) (ÖB 12.2018).
The State Commission on Human Rights in Punjab has intervened in a series of serious human rights violations by the security forces. In many cases, the authority was obliged to make compensation payments. The Human Rights Commission receives 200-300 complaints about human rights violations every day and is overwhelmed in its capacity. Often undercast or casteless are victims of police arbitrariness (ÖB 12.2018).
In addition to the aforementioned forms of violence, honor killings continue to be a problem, especially in the northern states of Haryana and Punjab (USDOS April 20, 2018).
Belonging to the Sikh religion is not a criterion for arbitrary police acts. The Sikhs, 60 percent of the Punjab's population, make up a significant proportion of the officials, judges, soldiers and security forces there. High-ranking positions are also open to them (ÖB 10.2017).In India, freedom of movement and settlement is legally guaranteed and practically respected by the authorities; In some border areas, however, special residence permits are necessary. Sikhs from the Punjab have the opportunity to settle in other parts of the country, Sikh communities are scattered throughout the country. Sikhs can practice their religion in any part of the country without restriction. Active members of banned militant Sikh groups such as Babbar Khalsa International must expect police persecution (ÖB 10.2017).
AI - Amnesty International (February 22, 2017): Amnesty International Report 2016/17 - The State of the World's Human Rights - India, https://www.ecoi.net/de/dokument/1394309.html. Accessed November 6, 2018
BBC - British Broadcasting Corporation (October 20, 2015): Why are Indian Sikhs angry ?, http: //
www.bbc.com/news/world-asia-india-34578463. Accessed October 18, 2018
MoHA - Government of India, Ministry of Home Affairs, Office of the Registrar General & Census Commissioner, India (oD): C-1 Population By Religious Community, http://www.censusindia.gov.in/2011census/C-01 .html. Accessed October 18, 2018
ÖB - Austrian Embassy New Delhi (12.2018):
Asylum Country Report India - Working Version
USDOS - US Department of State (April 20, 2018): Country Report on Human Rights
Practices 2015 - India,
USDOS - US Department of State (May 29, 2018): 2015 Report on International Religious Freedom - India, https://www.ecoi.net/de/dokument/1436757.html. Accessed October 23, 2018
Legal protection / judicial system
In India, many fundamental rights and freedoms are constitutionally enshrined and the constitutionally guaranteed independent Indian judiciary remains a much more important guarantee of rights. However, the often excessive duration of proceedings due to overburdened and understaffed courts as well as widespread corruption, especially in criminal proceedings, significantly limit legal certainty (AA September 18, 2018). A systematically discriminatory criminal prosecution or sentencing practice cannot be ascertained, but the lower levels in particular are not free from corruption. Prejudices, e.g. against members of lower castes or indigenous peoples, are likely to play a not inconsiderable role (AA
The judiciary is separate from the executive (FH January 27, 2018). The judicial system is divided into the Supreme Court, the highest court with seat in Delhi; which, as a constitutional court, regulates disputes between central government and Union states. It is also the body of appeal for certain categories of judgments, such as death sentences. The High Court or the Supreme Court exists in every Union state. It is a collegial court as an appeal body in civil as well as criminal matters and also oversees the service and personnel supervision of the lower courts of the state in order to shield the judiciary from the influence of the executive. Subordinate Civil and Criminal Courts are subordinate judicial instances in the districts of the respective Union states and divided according to civil and criminal law. Cases are decided by single judges. Judges at the District and Sessions Court decide on civil as well as criminal cases (as District Judge on civil law cases, as Sessions Judge on criminal cases). Below the District Judge there is the Subordinate Judge, below the Munsif for civil matters. Under the Sessions Judge, the 1st Class Judicial Magistrate and, under this, the 2nd Class Judicial Magistrate, each act for less serious criminal matters (ÖB 12.2018).
The judiciary continues to be overburdened and lack modern case processing systems. The backlog at court leads to long delays or the withholding of case law. An analysis by the Ministry of Justice for 2015 to 2016 revealed a vacancy of 43 percent of the judges' positions in the higher courts (USDOS
April 20, 2018). The standard duration of criminal proceedings (from the indictment to the judgment) is several years; in some cases, proceedings take up to ten years. Witness protection is also inadequate. As a result, witnesses in court often do not testify freely because they have been bribed or threatened (AA September 18, 2018).
Corruption is particularly widespread at the lower levels of the judiciary and most citizens have great difficulty in enforcing their rights in court. The system is backward and severely understaffed, leading to long pre-trial detention periods for large numbers of suspects. Many of them stay in prison longer than the actual sentence would be (FH January 27, 2018). Accordingly, the duration of pre-trial detention is usually excessively long. Except in the case of offenses threatened by the death penalty, the judge should order a detention review and a release on bail after half of the impending maximum sentence has expired. However, with such an application, the person concerned accepts that the case will not be pursued for a long time. In the meantime, around 70 percent of all prisoners are remand prisoners, many because of minor offenses that lack the means to provide bail (AA September 18, 2018).
Rule of law guarantees enshrined in the constitution (e.g. the right to a fair trial) are restricted by a number of security laws. These laws were tightened after the Mumbai terrorist attacks in November 2008; Among other things, the presumption of innocence was suspended for certain criminal offenses (AA September 18, 2018).
Police arrest a suspect without an arrest warrant can only last 24 hours under general law. Charges should be brought within 60 days for offenses with a threat of punishment of up to ten years, and within 90 days for cases with a higher threat of punishment. These deadlines are regularly exceeded. However, arrests are often made for preventive security reasons as well as under special internal security laws, e.g. the National Security Act, 1956 or the Jammu and Kashmir Public Safety Act. , 1978). Arrested persons can be held in preventive detention for up to one year without charge under these laws. According to the Code of Criminal Procedure, people can also be detained for several days for the hearing of witnesses if there is a risk of escape. The Federal Foreign Office is not aware of any cases of clan liability. (AA
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