Ad Hoc Query on protection of Afghans in the EU

Did Member States suspend decision-making on applications for international protection from Afghan nationals when the Taliban took over the control of Afghanistan in August 2021? This ad hoc query launched by Belgium examines the nature and consequences of such suspension in terms of hearings, protection statuses etc.

The responses to this ad hoc query inter alia show that:

  • 13 Member States didn’t suspend decision-making on applications for international protection from Afghan nationals in August 2021 while 10 suspended part of the decisions. The suspension included negative decisions on - or withdrawals of - international protection but not Dublin cases for example or cases where protection was granted in another Member State.
     
  • The duration of the suspension varied from one Member State to the other. Some States, such as Luxembourg or Germany, briefly suspended decisions until November 2021. The Netherlands suspended decisions for an initial period of six months and extended it for another six months. Other States still enforced the suspension at the time of this ad hoc query.
     
  • A new hearing of all Afghan nationals was not foreseen in general but only when relevant for the examination of the application and necessary for decision-making. However in Luxembourg, all Afghan nationals whose application for international protection had not yet been processed before August 2021 were given the opportunity to be heard once again.
     
  • The protection to Afghan nationals is, depending on the individual case, granted under Directive 2011/95/EU or national provisions. In Germany a so-called ban of deportation would be granted for such persons as a rule and a temporary residence permit valid for at least one year would be issued

Additional information can be found in the compilation of answers above.

Publication Date:
Mon 06 Jun 2022
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