Are the students in the IIT exposed to caste discrimination?
REASONS FOR DECISION:
1. The complainant (hereinafter referred to as BF), an Indian citizen, submitted the application for international protection on XXXX following illegal, tractor-assisted entry into Austrian territory.
During the first questioning by the public security service on the same day, the BF stated that he comes from the state XXXX, the district XXXX, the village XXXX XXXX, belongs to the religion of the Hindu and the ethnic group of the XXXX. The BF stated that he belonged to a lower caste of the Hindus. He only worked as a servant for people from higher castes and was always mistreated and beaten. She had been tortured and injured for several months. He had numerous scars on his body and his hand was broken and injured. Since the new government in India came into power, his condition has deteriorated significantly. The children of the BF were not allowed to go to school and he was threatened with killing by the rich people of the better caste and the politically powerful people.
2. On the occasion of his interrogation by the Federal Office for Immigration and Asylum on XXXX, the BF stated that he was born in XXXX. He lived there from birth until he left the country. The livelihood was financed by the whole family working. At weddings one cleaned and cooked.
He would be married and have two children. He had a brother who would be three years older than the BF. He only had a two-year schooling and could read and write something. His father, brother, wife and two children or all relatives would live in India. He would still have contact with his wife and children living in India. They would be fine, but the BF could not support his family financially. The BF's wife would not live with his father, but with the children with their mother. The BF's wife pledged her gold jewelry to pay for the smuggler. The house and the gold jewelry could not have been released because the BF was very sick and could not go to work. He couldn't send money to India.
The BF himself would not have a passport. The tug took this and his other things from him. He would come from the lowest caste and belong to the so-called untouchables. People in India would not like them or have any respect for them.
3. As to his reasons for fleeing, the BF stated as follows:
LA: Why did you leave your home country and apply for asylum in Austria? Please state all your reasons for fleeing!
VP: I am very confused. I have already had 4 operations. I'll tell you my reason for fleeing, and I can't remember exactly what I said during the first interview. I was beaten up by my employer. They always hit me, sometimes in the head, sometimes in the back, then there were also political problems. I had problems with the police and then to save my life I fled.
LA: Have you now stated all of your reasons for fleeing?
VP: I was beaten up several times by my employer, then someone told me to leave the country. I then contacted a smuggler and agreed about 500,000 Indian rupees for the trip. For this, my wife had to leave her gold jewelry and the house.
LA: Did you mention all of the reasons for fleeing?
VP: Yes, there is everything.
LA: Have you always been with the same employer?
VP: Yes, I worked for him from childhood until I left the country.
LA: Were you a house servant?
VP: Yes, I also worked as a dishwasher in restaurants during the night.
LA: Tell me what your daily routine was like before the problems started.
VP: From morning to evening I only cleaned and washed the dishes. My bosses always verbally abused me. That's all.
LA: What were your duties?
VP: I did laundry, cleaned, washed dishes and also cooked.
LA: Did your wife help too?
VP: She was also a domestic servant but not a household. She has worked for different households.
LA: What was the name of your boss?
VP: (thinks) It was called XXXX. He is of a higher caste and was a Sikh. I don't know his caste.
LA: Tell about the household and family of the XXXX.
VP: In the morning I had to wash the dishes from dinner. Do the laundry and do kitchen chores. And after that I cooked. After that, I always went to his restaurant. He was married and had two children. He had an extended family and a big house. There were also his uncles and aunts and many cousins in the house. I had no contact with his family.
LA: Where is this house?
VP: In XXXX without house number and no street names.
LA: Have you ever had other problems with the authorities in your home country?
VP: My employer was a very influential person, he bribed the police, that's why the police always harassed me. Since I'm from the lowest caste.
LA: Why is he bribing the police to molest you?
VP: He never paid me my salary on a regular basis - he wanted me to work for him for free. I got married and already had two children. Every time I asked about my wages, he hit me.
LA: Why didn't you go elsewhere?
VP: Where should I go? I've worked for him since I was a kid and I'm illiterate.
LA: Then why did you come to Austria?
VP: The tug brought me this far. I did not know that I would be brought to Europe in India I did not even take a passenger train.
LA: How did you get the idea of leaving the country with the help of a tractor?
VP: My wife and your brother influenced me to leave the country.
LA: When did you decide to leave the country?
VP: After my head injury.
LA: When was that?
VP: About a year before I leave.
LA: Why did you wait another year?
VP: I had to organize the tractor and the money.
LA: What kind of political problems were there?
VP: By that I meant that my boss was a very influential person and has good contacts with politicians and the police.
LA: Which politicians does he have contact with?
VP: With the members of the BJP party.
LA: What are their names?
VP: I don't know.
LA: How do you know he's in contact with the politicians?
VP: The police ate with him in restaurants and consumed alcohol.
LA: Why was he very influential?
VP: He had a big car.
LA: Why didn't you turn to a higher authority?
VP: The police didn't want to take a complaint against him.
LA: Were you with the police?
LA: Where and when?
VP: In XXXX 2 years ago after my head was injured.
LA: Have you ever been politically active?
LA: Have you ever been in custody?
LA: What would you have to fear in the event of a return?
VP: You're going to kill me. My children have no future anyway.
VP: What can I do there, my wife sold her gold jewelry and the house.
LA: Why should you be killed?
VP: Because I come from the lowest caste and they wanted me to work for them for otherwise.
LA: Why should you be killed, if that's what you say then you are not a threat.
VP: He tried to kill me a few times, now his children have grown up and they could kill me too.
LA: When and how often did he try to kill you?
VP: He kept hitting me with various objects. Once on the hand on the head and on the back.
LA: Have you already had the complaints about which you are being treated in India?
VP: No, I didn't have the complaints in India. In the beginning it was a bit of a problem, I didn't know where to turn. At the Praterstern there is a van with lots of medication there they first supplied me. Then I went to Caritas. I received a note from Caritas. I got an e-card for two months.
LA: Why don't you know the name of the employer?
VP: It was called XXXX, everyone called it XXXX.
LA: Tell me about the moment you suffered the head injury.
VP: I am very confused. I don't want to say the wrong thing because I don't remember what I said when I was interviewed for the first time.
LA: It's not about what you said at the first interview, it's about what you experienced.
VP: I worked there in the house, I think something did not suit him, then there was a discussion and shortly afterwards he hit my head with a glass bottle. Then I went to the police. The police did not take the complaint. You called the XXXX, he came to the police and paid for the medical care. I was sewn on the head.
LA: Were you at the doctor right after the police?
VP: I went to the police and described the incident there. The policemen called the XXXX he came and then he took me to the hospital.
LA: Which hospital?
VP: I don't know the name it's in XXXX.
LA: And then?
VP: Then I went back to his home to work, there was no other option.
LA: How many times have you been hit by him?
VP: He hit me countless times. A slap in the face that was completely normal I got it almost every day, he always kicked me, it was completely normal for me. But the head injury was big.
LA: Did your parents work there too?
VP: Yes, they also worked there.
LA: Why didn't you protect your parents?
VP: You were also suppressed. My parents had borrowed money from him. Even my grandparents worked for him.
LA: How old is he?
VP: It was several generations.
LA: Can you present any more evidence or provide any more?
VP: I have findings from the hospital in Austria. Otherwise I have nothing.
Note: a copy is included in the file.
LA: Do you have any objection to the fact that, if necessary, further investigations into your submission are carried out in India, including with the involvement of a liaison officer or a lawyer of trust? Under no circumstances will personal data be passed on to the authorities in your home country.
Note: You will now be given the opportunity to inspect the country information sheet for your home country and the sources contained therein and, if necessary, to comment in writing, which the BFA used to assess your case. These sources mainly refer to reports from EU authorities from authorities in EU countries but also authorities from other countries, but also sources from your home country as well as numerous NGOs and embassy reports, which can also be viewed in detail.
LA: Do you have family members in Austria?
LA: Do you live with someone in a family community or in a family-like community? If so, describe this community!
LA: What do your friends and acquaintances look like in Austria? Who are you in contact with, who do you associate with?
VP: I regularly visit a Sikh temple in the 12th district there I have a lot of friends.
LA: How do you spend your free time in Austria?
VP: I am in the hospital most of the time, so I spend around 15 days a month in the hospital.
LA: What languages do you speak?
VP: Hindi and I can understand Punjabi too.
LA: Did you complete any other courses or training in Austria?
VP: No. Caritas organized a German course, I could not attend this course because I had many examinations and was staying in the hospital. I was in the course for about 5 days.
LA: When did the investigations start?
VP: More than a year ago, 4 months after my entry, I already had problems. On the other hand, I only took painkillers, I didn't know what I really had and now I have a big problem. The pain. I am not able to go to work, I used to work as a newspaper delivery person, now it is no longer reasonable because I am in pain.
LA: Are or have you been active in associations or organizations in Austria or do you take part in social or cultural life in Austria in any other way?
LA: Describe the place XXXX you come from.
VP: It's a village. There are many mud houses. It's a small town. There are fields.
LA: Are there forests or rivers or mountains?
VP: No there are a lot of temples there.
LA: Did you have the opportunity to bring everything up?
LA: Did you understand the interpreter?
4. With a letter from the Barmherzigen Brüder from XXXX, the BF was attested that a so-called fistula split had occurred. There would be no evidence of tuberculosis. A pain medication was adapted in order to achieve adequate pain relief.
5. With the contested decision of the Federal Office for Immigration and Asylum, the BF's application for international protection in accordance with Section 3 (1) in conjunction with Section 2 (1) no. 8 para. 1 in conjunction with § 2 para. 1 no.13 AsylG with regard to the granting of the status of beneficiary of subsidiary protection in relation to the country of origin India (point II.). According to § 57 and 55 AsylG, the BF was not granted a residence permit for reasons worthy of consideration. According to § 10 Abs. 1 Z 3 AsylG in connection with § 9 BFA-VG, a return decision was issued against him according to § 52 Abs. 2 Z 2 FPG and furthermore according to § 52 Abs. 9 FPG it was determined that the deportation of the BF according to § 46 FPG to India is permitted (point III). Furthermore, it was stated within the ruling that the deadline for the voluntary departure of the BF in accordance with § 55 Paragraphs 1 to 3 FPG is two weeks from the legal force of the return decision (ruling point IV.).
The authority in question essentially stated that the BF's identity could not be ascertained due to the lack of submission of a harmless national identity document or other means of certification. If the BF were to be named in the asylum procedure, this would only serve to individualize his person as a party to the proceedings within the meaning of the AVG, but not to establish his identity.
With regard to his state of health, it was stated that the BF was under medical treatment and had to take medication. The BF had been operated on for an anal fistula and suffered from high blood pressure, depression and hyperthyroidism. He would be treated with medication and, in the case of the BF, could not speak of any life-threatening illness that could not also be treated in India.
Regarding his reasons for fleeing, the BF stated in the initial interrogation that he had been mistreated by his employer because he belonged to a caste, that he had been tortured and threatened with killing.
In the interrogation on XXXX, the BF initially reproduced essentially the same content. Then he increased his escape arguments by claiming to have political problems and those with the police.
However, the BF was unable to provide specific details. He was unable to give the name of the employer with whom he had been staying since childhood. The BF stated that it would be called XXXX. When asked why he had political problems, he said that he had contact with politicians from the BJP and was very influential. He could neither indicate which party members the employer was in contact with, nor how he knew this. The BF had evaded questions by saying that the police officers had sat in the restaurant with the employer. When asked why the employer was influential, the employer replied that he had a big car.
The BF stated that he had been beaten many times by his employer and that his parents and grandparents had borrowed money from this man. Therefore, the BF had no opportunity to leave the employer. In this regard, it should be noted that the BF alleged persecution and a threat to his life. If the problems had been so intense, it was not understandable why the BF should have stayed. Furthermore, the BF said that "XXXX" had tried to kill the BF. However, the motivation for this is incomprehensible. According to the information provided by the BF, he received irregular wages and still worked. It is questionable why death should have been an advantage for "XXXX".
In addition, the BF was asked to describe what had happened.The BF stated that he had injured his head, which was too much for him. Immediately afterwards, the BF went to the police, who immediately took the necessary steps, took care of the BF and confronted XXXX. The BF then went back to XXXX. It is not plausible if the BF claims to be afraid of the police at the beginning of the interrogation, afterwards he reports that he would go to the police to report XXXX. In addition, the police recorded his information in a report and took care of his concern.
Both his information and the country reports indicate that the state would be willing and able to protect itself and would not tolerate any criminal offenses or torture. In no way can it be assumed that the Indian state and its authorities would be unwilling to protect its citizens from such criminal activities. This is clear from the findings on the situation in the home country and would not change the fact that, as in any other country, comprehensive protection against criminal activities would not be possible at all times. Furthermore, it was not understandable why the BF had called again with "XXXX" if he was afraid for his life.
The BF stated that his wife and her brother had influenced him to leave his country. The BF saved a good year for the departure and the smuggler. It could therefore not be assumed that they would flee India.
The unfortunate financial situation would not constitute a reason for granting asylum. There would be no registration system in India, so there would be the possibility of moving to another location in his country of origin in order to avoid his alleged problems. The fact that the BF should have been searched for and found throughout India is contradictory to the general situation described in the LIB and therefore not credible from the point of view of the authority.
In the proceedings, there were no indications that the BF would not be able to earn his living through professional activities on his return to India. The BF is an adult, able-bodied person and it would be reasonable for him to initially earn his living with odd jobs. Furthermore, it should be taken into account that the BF spent most of his life in his home country and also had friends and acquaintances, as well as his family and relatives, who could support him.
Legally, it was stated that the BF had neither alleged persecution in the country of origin nor was such a case established. There would be no evidence that could make a deportation inadmissible. India would not be in such an extreme vulnerability that everyone returning there would be at risk, as it were.
In the case of the BF, there was nothing to indicate that he could be exposed to inhuman treatment in the event of his return. Such a situation cannot be derived from the general situation in his home country or the expected return situation alone.
In addition, a domestic flight alternative would be open to the BF. In view of the fact that the BF would be a young person, it could be expected that he would be able to build up an existence in his home country. A completely hopeless situation could not be expected in the case of the BF. In addition, the BF's family would live in India.
With regard to the private and family life of the BF, it was stated that no indications emerged in the proceedings that would justify the presumption of a special integration of his person in Austria. The BF had only been in Austria for a short time, had left illegally and had no right of residence that was not based on the Asylum Act. He would have relatives in his country of origin who would be there and had also spent the greater part of his life there. On the other hand, there is the public's interest in an orderly enforcement of foreign affairs, which the BF had contradicted with illegal entry.
6. The BF lodged a complaint against this decision in due time. It was essentially stated that he would belong to the lowest caste and thus to the lowest social class. The BF and his family would have been living in poor conditions and so they would have had to pledge their jewelry and house in order to finance the BF's departure.
Four months after his entry, the BF complained for the first time about pain. The BF had finally been operated on four times and would still be under medical care.
The authority had failed to examine the health status of the BF in connection with a possible return to India and the resulting real risk of violation according to Art 3 ECHR. It had not been taken into account how the health status of the BF would affect his physical condition and ability to work. The situation regarding medical and social care in India, although stated in the state assessments of the Federal Asylum Office, has not been adequately appreciated and relativized. The state documentation of the Federal Asylum Office would state that although public health care would exist, it would not be available to the majority of the population. The quality of private hospitals, which would at the same time entail high costs, would be equivalent to that in state institutions. The precarious situation of the public health system and the high costs of quality private treatment are also described by other sources, if it is there. "India has the most privatized health system in the world. The costs for private treatment are so high that an estimated two to three percent of Indians every year slide below the poverty line as a result of this expenditure .....". A qualitative, inpatient or long-term treatment of the BF would in any case be associated with costs in his home country, which in turn would be impossible to provide. The relatives would do simple work, the wages of which were correspondingly low, and they would not have the necessary financial resources. Medical care in a public institution would be very costly. However, the poor quality and the difficult, in the present case, lack of access, which has been mentioned several times, should not be forgotten. Without treatment, his health would inevitably deteriorate and lead to a decent life.
Because of his illness, the BF was unable to work. A return to his homeland would mean that he would not only be unable to offer his family any help, but would even put them under financial and mental stress due to his health and the expected deterioration. Living on the poverty line would almost certainly turn into a life below the subsistence level. Not only for the BF, but also for the rest of the family. According to country reports, state aid would not be expanded in India. Returnees would need support from family or friends. Temporary emergencies could be compensated for by feeding the poor in the temple, especially the Sikh temple, which would also provide accommodation for smaller services. Temporary emergencies, as it would be called, would be compensated by the "non-state" side. However, these feedings out of the poor cannot replace medical care. Due to the circumstances described by the BF (state of health, inadequate health and social insurance, inability to work, financial situation), in the event of a refusal, deportation or deportation to India, the BF would in any case run the risk of being exposed to a real risk within the meaning of Art 3 ECHR to be, which is why his rejection, deportation or deportation is permissible according to § 8 Paragraph 1 AsylG
7. On XXXX, the BF was asked to submit a current insurance data extract, the income and sales tax assessments for the past three years and all medical reports.
In a letter dated XXXX, the BF informed that he had not worked in Austria and that for this reason there would be no income or sales tax.
At the same time was a
-Ambulanzblatt Hospital of the Brothers of Mercy Vienna from November 12, 2018
-Ambulanzblatt Hospital of the Brothers of Mercy Vienna from December 24th, 2018
-Surgical report Dr. Martin Glöckler from 08/24/2017
-Sonography of the abdomen from November 19, 2018
-Ambulanzblatt Krankenhaus der Barmherzigen Brüder, Vienna, from February 25, 2019
-Ambulanzblatt Krankenhaus der Barmherzigen Brüder, Vienna, from November 12, 2018
-Ambulanzblatt Krankenhaus der Barmherzigen Brüder, Vienna, from September 18, 2017
-Ambulanzblatt Krankenhaus der Barmherzigen Brüder, Vienna, from April 26, 2016
-Ambulanzblatt Krankenhaus der Barmherzigen Brüder, Vienna, from March 29, 2016
-Magnestresonnaztomographie of the lower abdomen, diagnostic center Urania from October 28th, 2015
8. The subsequently officially sworn and court-certified expert, specialist in internal medicine (additional subject gastroentology and hepatology) appointed by the BVwG ex officio to prepare an opinion on the health status of the BF stated in one from XXXX that the BF stated Complaints would suffer, which are to be understood as residual conditions after "perinal abscesses" with abscess incisions and anal fistula splits in the years XXXX and XXXX. Therapeutically, care should be taken to ensure a soft stool, which can be achieved by taking Movichol. A perianal pain reliever gel may also have a positive effect after a bowel movement. There is currently no further need for further diagnostic or therapeutic action. The upper abdominal complaints reported by the BF would clinically correspond to gastritis or reflux complaints. A so-called proton pump inhibitor would help with these complaints. No further diagnostic work-up is currently necessary. The symptoms would be well under control, which is why an expansion of the therapy would not be necessary. The necessary therapies would be available worldwide and would also be available in India.
9. Neither the current country reports brought to the knowledge of the BF about the possibility of submitting a statement and on which the procedure is based, nor the expert opinion submitted by the expert on XXXX, no statement was made.
10. On XXXX, a public hearing took place before the BVwG, which took the following course:
R: What is your mother tongue?
R to the interpreter: In which language do you translate for the complainant?
D: In Hindi.
R asks the complainant whether he understands the interpreter well, this will
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 receiving treatment for heart problems. I was operated. I am in constant pain, I am not well. But I can follow today's negotiation.
R: When was the last time you had an operation?
BF: Last year.
BF submits a letter from the Endo Zentrum dated November 25, 2019, a copy of which will be taken as an attachment ./A to the file.
Furthermore, a laboratory finding from XXXX, a copy of which is taken as an attachment ./B to the file.
There is also an EKG, a copy of which is included with the file as an attachment ./C.
Furthermore, a laboratory finding from December 19, 2019, a copy of which is included as an attachment ./D to the file.
R: When did you have an operation?
BF: In the year before last.
R: Did you take your medication today?
R: How do you feel when you take your medication?
BF: I feel better then.
R: Are you okay today?
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: You have also been informed that a legal advisor from the Human Rights Association Austria can participate. Did you get in touch with this / this?
BF: I have not read the country information and have not contacted legal advice.
R: Do you forego the participation of a legal advisor? Can the negotiation be conducted without a legal advisor?
BF: I have an advisor at Caritas and I went to them with the documents. He said that I should go to the trial on my own.
R: The Human Rights Association Austria would be responsible for you. Would you like to contact them or can the negotiation be carried out without a legal advisor?
BF: I want to speak to the lawyer at Caritas.
R: You have already spoken to him. The question is, do you want to go through the trial today without a legal advisor? Is that okay with you, yes or no?
BF: Yes, I would like to do the negotiation without legal advice and forego the addition of a legal advisor.
R: Do you have any new evidence regarding your allegations that you have submitted to the BFA or / or? have not yet submitted to the police?
Opening of the evidence procedure
Regarding the previous procedure:
The party expressly renounces reading out the contents of the file (submitted administrative act of the BFA and court act of the Federal Administrative Court), but this is explained by the R in turn and offered for inspection of the files.
The party waives access to the files.
R declares these parts of the file to be the subject of the oral hearing and the content of the minutes on which this is based.
R advises complainants of the importance of this negotiation. The complainant is requested to provide only truthful information and is instructed that incorrect information must be taken into account when making a decision in the context of the assessment of evidence. Likewise, reference is made to the obligation to cooperate in a determination of the relevant facts and that a lack of cooperation in the decision-making must also be taken into account.
R: Please write down your name and date of birth.
BF (write this down in Hindi): My name is XXXX, born on XXXX.
R: Which ethnic group or religion do you belong to?
BF: I belong to the Hindu religion and my ethnic group is XXXX.
R: Where were you born? Please provide the exact village, county, and state.
BF: I was born in XXXX Village, XXXX District, XXXX State.
R: Please give me your residential addresses in chronological order from your birth until you left India.
BF: I was born and raised in the village of XXXX. I don't know exactly. I am confused, I am not doing well. It's a tough question.
R: Why are you confused about it?
BF: I've been living in Austria for six years. I'm so stressed now that I can't remember.
R: Why do you have so much stress in Austria?
BF: I am sick. I do not have work. My children are starving.
The opinion of Univ.-Prof. Dr XXXX, sworn and court-sworn expert, once again brought to the knowledge that the BF does not suffer from any life-threatening illness in order to be able to submit a statement. Neither the condition after perinal abscess and fistula splitting nor the gastritis or reflux esophagitis symptoms are classified as such.
BF takes note of this so far.
R: Do you take any drugs?
BF: I drink alcohol every now and then. Otherwise I don't do drugs.
R: Where did you live in India from when you were born until you left? Please enter this in chronological order.
BF: I have relatives all over India and have been everywhere.
R: are you married?
R: When did you get married?
BF: 22 years ago. I can't remember the date.
R: Do you have children?
BF: Yes, two children.
R: What are your children's names?
BF: I have a son and a daughter. The son is called XXXX and the daughter is called XXXX.
R: How old is your son and how old is your daughter?
BF: My daughter is 18 years old and the son is 17 years old.
R: Do you know when you were born?
BF: I don't know.
R: What does your son work?
BF: Both children are studying.
R: What are your children studying?
BF: You go to school.
R: How does your wife make a living in India?
BF: She works as a seamstress.
R: How are your family members?
BF: We all live separately, we are not doing so well.
R repeats the question.
BF: Everyone is fine.
R: Where do your family members currently live?
BF: My family members live in the city of XXXX. When asked whether all family members live in XXXX, I state that my wife lives with her mother.
R: where is that?
BF: The mother also lives in a rented apartment in XXXX.
R: Where do your children live?
BF: Even with her grandma. My mother has already passed away. My father is sick and lives with my brother.
R: Where does your brother live?
BF: Also in XXXX.
R: How does your brother make a living?
BF: He's a factory worker.
R: Can he make a living from it?
BF: Yes, both work. I also mean my brother's wife.
R: When was the last time you had contact with your family members?
BF: The last time I spoke to you on the WhatsApp was yesterday.
R: How many siblings do you have?
BF: We are two brothers and I have another sister.
R: Where does your sister live?
BF: She also lives in XXXX. She is a widow and has two sons.
R: How does your sister make a living?
BF: She has a house, which she rented out. She lives on the rental income. She has two daughters. One is already married.
R: How many uncles do you have?
BF: All of them passed away.
R: How many uncles have you had?
BF: My father had three brothers and my mother one.
R: Do your father's brothers have children?
BF: Yes, but I have no contact with you.
R: Where do your cousins live?
BF: You live all over XXXX, Punjab.
R: Are these relatives too, with whom you lived as you first said?
BF: Yes, I lived with them before I got married.
R: What religion do your children belong to?
R: What school and vocational training do you have?
BF: I'm not very educated. I was only in elementary school for five to six years.
R: How old were you when you left India?
BF: I was around 39/40 years old.
R: How did you make a living before you left India?
BF: I worked as a dishwasher in a hotel.
R: Did you do other work as well?
R: How long did you do this job?
BF: I worked there in this hotel from the beginning.
R: What does "since the beginning" mean?
BF: I wasn't in school that long. When I finished school, I started working there.
R: How long did you do this job?
BF: I've been working since I was 10. I worked as a dishwasher in various hotels.
R: In which hotels did you work as a dishwasher?
BF: They weren't hotels, they were bars on the street.
R: Were you satisfied with your work?
R: Did your wife work as a tailor back then?
BF: No, she's started now.
R: How long has she been working as a tailor?
BF: Since I left.
R: What does your mother-in-law work?
BF: She doesn't do anything.
R: Do your children work next to school, during the holidays?
R: why not?
BF: You are all very young and attend a community school that is free.
R: Why don't you go to work on vacation? What is stopping them?
BF: You are in the Matura class, 10th and 12th grade. You have to learn a lot.
R: Have you ever been a member of a political party?
R: Did you leave the country with the help of a tug?
R: Did you have to pay your smuggler money to leave the country?
R: how much?
BF: I don't know how much. I had to sell all of the gold.
R: You told the BFA that you had to pay 500,000 Indian rupees to leave the country. Today you say that you do not know how much you had to pay to leave the country.
BF: I sold gold and spent all the money on my departure.
R: How much money was that?
BF: It was agreed that it was 500,000 rupees and I also gave him gold. It was agreed that I would pay him back the gold. But this did not happen.
R: What did your wife do before she started working as a seamstress?
BF: She didn't work before. She was in a tailoring school and took a course. There she learned tailoring. Now she has to work for a living.
R: At the BFA, you said that your wife had previously worked as a houseworker in various households. What do you think of this contradiction?
BF: Now she has changed her job because the children have grown up.
R: Is she making more money with her current job?
BF: Yes, now she deserves better.
R: You said today that you had repeatedly worked as a dishwasher at various bars. At the BFA you said on XXXX that you had worked for the same employer since you were a child. What do you think of this contradiction?
BF: You asked me today where I've worked since I was a child. At the BFA I stated that I had to leave the country because of a dispute.
R: Who came up with the idea that you would have to leave the country?
BF: I'm not doing well financially. I lived there in poverty. I left for a better future so that I can offer my children a better future.
R: Are you currently doing your part so that your children can have a better future?
BF: No, I'm sick. I can't get a job here.
Question in German:
R: Do you speak and understand German?
BF (in German): Bit.
R (in German): Did you attend a German course in Austria?
BF (in Hindi): Caritas has sent me to a German course four to five times so far. Since I kept getting sick, I didn't attend the courses regularly.
R (in German): Do you have a job in Austria?
BF asks D for a translation.
Repeat questions in Hindi.
Question in German:
R: What do you live on in Austria?
BF claims not to have understood the question.
Repeat questions in Hindi.
BF (in Hindi): I get support from Caritas.
Question in German:
R: Do you have friends in Austria?
Answer in Hindi:
BF: Do you mean a girlfriend or friends?
Question repetition in German?
Answer in German: No.
Question in German:
Do you have a girlfriend?
Answer in Hindi: I don't have a girlfriend, but I do have friends. I go to the Hindu temple, the Sikh temple and there I know the people.
Question in German:
Do Austrians also belong to your circle of friends?
BF claims not to have understood the question.
Question repetition in Hindi: No.
Question in German:
What do you do all day?
BF claims not to have understood the question.
Question repetition in Hindi:
I go to the temple (Sikh temple or Hindu temple) and I also go to the park.
Negotiation continued in Hindi.
R: Do you live alone?
BF: I live with four other roommates.
R: How much do you pay for rent?
BF: 140 euros.
R: How much money do you have at your disposal every month?
BF: I get 730 euros every two months.
R: Do you send some of the money home?
BF: No, now and then.
R: Why don't you go home again?
BF: What am I doing there? I'm sick. I don't own anything there. It will be a shame when I return there.
R: Why did you leave at the time?
BF: I have an argument with someone there. My friend told me to go abroad. So I have my peace and quiet and can also earn money for my family. I still have to earn money to marry off my daughter.
R: Did your wish to give your children a better future come true when you emigrated?
R: Who are you having an argument with?
BF: With my employer. He insulted me.
R: With which employer? You said today that you worked in several bars.
BF: This place no longer exists. It has become a hotel.
R repeats the question.
BF: He was a rich man and I am of a low caste.
Question repetition. What is this man's name?
BF: I can't remember his name. I don't want to give false information.
R: How long did you work for this employer?
BF: The last three to four years.
R: Why did he abuse you?
BF: Because of my caste, because I belong to a lower caste.
R: Then why did he even hire you?
BF: He said to me that I wouldn't work as hard as I did at the beginning. He also flirted with my wife.
R: When did this abuse start?
BF: He started doing it after I got married.
R: When did you get married? In which year?
BF: I don't know.
R: What did you do after you were verbally abused?
BF: He hit me too. I was with the police, but they did nothing.
R: What did the police do then?
BF: You didn't even listen to me. They said to me, "You don't work that well, that's why you get beaten".
R: At the BFA you said on XXXX that the police had called your employer, he had come to the police and had to cover the costs for medical care. What do you think?
BF: Look, it's like this ... I've already forgotten what I am
R: Did you then receive medical treatment in India because of this incident?
BF: I was in a hospital, it was free.
R: What is the name of the hospital?
BF: It was seven years ago. This hospital no longer exists.
R: In which place was this hospital located?
BF: The hospital was in a village called XXXX, that's in the XXXX district, in the XXXX province.
R: What did they do to you in the hospital?
BF: You put an ointment on it. No advertisement was posted.
R: What was an ointment put on you?
BF: He hit me on the head with a bottle and my hand was also injured.
R: How long were you in the hospital?
BF: I was sewn on the head and then they let me go.
R: Where did you go then?
BF: I started working for him again.
R: When did this incident take place?
BF: I don't know.
R: How many weeks or months before you left the country did this incident take place?
BF: 10 years before I left India.
R: Did you continue to work for this employer for 10 years after this incident?
BF: It has been counted back 10 years from today.
R: The question was, how many weeks or months before you left India did this incident take place?
BF: I can't remember anymore.
R: Why did you go back to this employer?
BF: He owed me money and I couldn't find any other work.
R: How long did you work there then?
BF: Two to three years. That wasn't continuous. Whenever I ran out of money, I went to work with him.
R: What have you been doing in the meantime?
BF: In the meantime I worked as a day laborer. I've been to various weddings and also worked as a dishwasher there.
R: Do you have any relatives in Austria?
BF's attention is drawn to the right of refusal.
R: Do you have a criminal record in Austria or are you currently in criminal proceedings?
BF's attention is drawn to the right to reject.
R: Are you registered under administrative law or are you being dealt with in administrative criminal proceedings?
BF: Yes, I haven't paid for my annual pass. I did not comply with the installment agreement.
R: What would you fear if you had to return to India?
BF: I'm losing my face. I sold everything for my departure. I need some money to marry off my daughter.
II. The Federal Administrative Court has considered:
1. Findings (facts):
1.1. About the complainant:
The BF is a citizen of India from the state of XXXX, belongs to the religion of Hinduism and the ethnic group of XXXX. His identity is not certain. He is proficient in one of the Hindi languages spoken in India. In his country of origin he attended elementary school for five or six years and worked in various hotels as a washer. The BF's allegations of persecution are not credible. It cannot be established that the BF in India is threatened with persecution linked to asylum-related characteristics. The BF had no personal problems with any of his previous employers or the police in India in his country of origin.
The BF has no relatives or other family members in Austria and does not live in any family or family-like community. He does not have any occupation and speaks or understands the German language only very rudimentary. It has not emerged that the BF has (has) completed courses or training and is not a member of clubs or organizations. He visits the Sikh or Hindu temple. The BF receives benefits from the basic supply. The BF is innocent of criminal justice.
The BF's wife continues to live in the country of origin with her two children who are in the Matura class with the BF's mother-in-law in XXXX. The BF's wife earns the family's livelihood as a seamstress. The BF's father lives with the BF's brother and sister-in-law. These earn their living as factory workers. The widowed sister also lives with her two sons in XXXX and lives on the proceeds from renting out their house. The BF maintains contact with his family members via "WhatsApp".
The BF is to be classified as healthy except for the fact that he is suffering from a residual condition of a perianal abscess and a fistula division or gastritis and reflux esophagitis. Both complaints are not life-threatening diseases.
1.2. The following is determined about the situation in the country of origin:
1. Latest events - Integrated brief information
KI dated August 9, 2019, lifting of the special status for Jammu and Kashmir (relevant for section 2./Political situation and section 3.1./Regional problem zone Jammu and Kashmir).
On August 5, 2019, India ended the special status set out in the constitution (ZO 6/8/2019) of the Muslim-majority region (FAZ 6/8/2019) of the Indian part of Kashmir by decree (ZO 6/8/2019). Immediately afterwards, the parliament in Delhi resolved to repeal Article 370 of the Indian Constitution (FAZ 7/8/2019), which grants Jammu and Kashmir a special status and proposed dividing the state into two union territories, namely Jammu and Kashmir and Ladakh (IT 6/8/2019). 2019).
Article 370 grants the region a certain degree of autonomy, such as its own constitution, its own flag and the freedom to enact laws (BBC 6/8/2019) with the exception of matters relating to foreign and defense policy (DS 7/8/2019). This represented a compromise between the largely Muslim population and the Hindu leadership in New Delhi (ARTE 7/8/2019).
In addition to Article 370, Article 35A was also repealed, which allowed the local parliament to determine who is a citizen of the state and who can own land and exercise government offices there (NZZ 5.8.2019).
The abolition of autonomy rights, which is also controversial in India, is fueling tensions in the region. Critics fear that the Hindu nationalist Prime Minister Narendra Modi and his government are striving to "Hinduize" the area (TNYT 6/8/2019).
To prevent unrest, the Indian authorities have interrupted all communication channels, sent an additional 10,000 soldiers (SO August 4, 2019) to the highly militarized region (ARTE 7 August 2019) and leading regional politicians were placed under house arrest (FAZ 7 August 2019), according to media reports More than 500 people have now been arrested during raids in the state of Jammu and Kashmir (HP August 8, 2019).
Pakistan, which also lays claim to the entire region (ORF 5/8/2019), condemns the move as illegal and, through the Pakistani military, is making a clear threat to India and announcing that it will call the UN Security Council (ZO 6/8/2019). The Pakistani Prime Minister Khan warns of the devastating consequences a military conflict could have (FAZ 7/8/2019).
Criticism of the move by the Indian government also comes from Beijing (FAZ 6/8/2019). China's Foreign Minister Hua Chunying has described India's step to abolish the special status of Kashmir as "unacceptable" and "not binding" (SCMP 7/8/2019).
There are isolated reports of minor resistance actions against the actions of the security forces, but these have not been officially confirmed (BBC 7/8/2019).
Most recently, the situation threatened to escalate in February 2019 after dozens of police officers in the region and Hindu nationalists blamed the people of Kashmir for the attack in a suicide attack (ARTE 7/8/2019).
The crisis between India and Pakistan then came to a head to such an extent that there were mutual air strikes [see KI from February 20, 2019].
• ARTE - (7/8/2019): Kashmir: Is the conflict between India and Pakistan escalating again?
https://www.arte.tv/de/articles/kaschmir-eskaliert-der-konflikt-between-habenund-pakistan-erneut, accessed on August 8, 2019
• BBC - British Broadcasting Corporation (6.8.2019): Article 370:
What happened with Kashmir and why it matters, https://www.bbc.com/news/world-asia-india-49234708, accessed on August 7, 2019
• BBC - British Broadcasting Corporation (7.8.2019): Article 370:
Kashmiris express anger at loss of special status, https://www.bbc.com/news/world-asia-india-49261322, accessed on August 8, 2019
• DS - Der Standard (7.8.2019): Kashmir conflict: Pakistan expels Indian diplomats,
https://www.derstandard.at/story/2000107163187/pakistan-WEIS-indischediplormen-aus-toter-bei-protesten-in-srinagar, accessed on August 8, 2019
• FAZ - Frankfurter Allgemeine Zeitung (7.8.2019): Warnings from Islamabad,
https://www.faz.net/aktuell/politik/ausland/kaschmir-konflikt-warnung-aus-islamabad16321737.html, accessed on August 8, 2019
• HP - Huffpost (8/8/2019): India Arrests Over 500 In Kashmir As Pakistan Suspends Railway Service, https://www.huffpost.com/entry/india-arrests-over-500-in-kashmir-aspakistan-suspends- railway-service_n_5d4c19a7e4b09e729742389e? guccounter = 1, accessed on August 9, 2019
• IT - India Today (6/8/2019): Article 370: China says opposed to Ladakh as Union Territory,
https://www.indiatoday.in/india/story/china-reaction-jammu-kashmir-article-3701577915-2019-08-06, accessed on August 7, 2019
• NZZ - Neue Züricher Zeitung (August 5th, 2019): India lifts Kashmir’s autonomous status and risks drastically exacerbating tensions in the region,
https://www.nzz.ch/international/kaschmir-lösungen-provoziert-mit-der-aufstieg-dessonderstatus-ld.1499966, accessed on August 9, 2019
• ORF - Österreichischer Rundfunk (5/5/2019): India removes Kashmir's special status, https://orf.at/stories/3132670/, accessed 5/5/2019
• SCMP - South China Morning Post (7/8/2019): China calls India's move to scrap Kashmir's special status 'not acceptable' and not binding,
https://www.scmp.com/news/china/diplomacy/article/3021712/china-calls-indias-movescrap-kashmirs-special-status-not, accessed on August 7, 2019
• SO - Spiegel Online (4.8.2019): Pakistan asks Trump to mediate
https://www.spiegel.de/politik/ausland/kaschmir-nach-terrorwarnung-verlassen-tausendedas-gebiet-a-1280384.html, accessed on August 6, 2019
• TNYT - The New York Times (6/8/2019): In Kashmir Move, Critics Say, Modi Is Trying to Make India a Hindu Nation, https://www.nytimes.com/2019/08/06/world/asia/ jammukashmir-india.html, accessed on August 7, 2019
• ZO - Zeit Online (7.8.2019): Pakistan shows Indian ambassador,
https://www.zeit.de/politik/ausland/2019-08/kaschmir-konflikt-pakistan-indischerbotschafter-ausweisung-hasan, accessed on August 8, 2019
KI from May 27, 2019, election result Lok Sabha, election to the House of Commons from
April 11, 2019 to May 19, 2019 (Relevant for Section 2, Political Situation).
India's ruling party BJP (Bharatiya Janata Party) led by Prime Minister Narendra Modi has clearly won the parliamentary election in the world's most populous democracy. The Hindu nationalists achieved an absolute majority of the 545 seats in the lower house (SZ 23.5.2019), as emerged on Friday night from the count of the votes cast by the electoral commission. In all likelihood, President Ram Nath Kovind will reappoint Prime Minister Modi for a second five-year term as head of government (ZO May 24, 2019), during which he will govern India with a new, larger parliamentary majority (IT May 24, 2019), this is the result represents the clearest re-election of an Indian ruling party since 1971 (SZ 23.5.2019).
More than 8,000 candidates ran for the election, which was carried out in seven phases over almost six weeks, from April 11 to May 19 (SZ May 23, 2019). Around two thirds of the approximately 900 million citizens of India who are eligible to vote cast their votes (IT May 24, 2019), which corresponds to a turnout of 67 percent (SZ May 23, 2019). The BJP won a total of 303 constituencies (ECI May 24, 2019; see BBC May 24, 2019).
Opposition leader Rahul Gandhi, head of the Congress Party, which had previously ruled for decades, accepted the defeat and congratulated Modi on his victory (ZO May 24, 2019; see BBC May 23, 2019). The congress party remains the second strongest force in parliament (ZO May 24, 2019). It is expected to improve slightly compared to its worst election result so far five years ago (AJ May 24, 2019).
Modi's populist policy divides the country. During his tenure there was frequent violence by Hindus against Muslims and other minorities. Modi's economic policy is also criticized (ZO May 24, 2019). During the election campaign, he emphasized national security and presented himself as the protector of the South Asian country - above all against the arch enemy Pakistan. Shortly before the election, the neighbors with nuclear armed forces almost went to war (SZ May 23, 2019).
According to the Indian Ministry of Foreign Affairs, some heads of state and
Heads of government Modi on his election victory, including Russian President Vladimir Putin, China's head of state and party leader Xi Jinping and Pakistani Prime Minister Imran Khan - even before the election result was official (ZO May 24, 2019).
Prime Minister Narendra Modi has been holding talks on the formation of a new cabinet since September 25, 2019 (REUTERS May 24, 2019).
• AJ - Al Jazeera (May 24, 2019): India elections 2019: All the latest updates,
https://www.aljazeera.com/news/2019/05/indian-general-elections-2019-latestupdates-190521080547337.html, accessed on May 24, 2019
• BBC - British Broadcasting Corporation (May 24, 2019): India general election 2019: What happened?
https://www.bbc.com/news/world-asia-india-48366944, accessed on May 24, 2019
• BBC - British Broadcasting Corporation (May 23, 2019): India election 2019: Narendra Modi thanks voters for 'historic mandate', https://www.bbc.com/news/world-asia-india48389130, accessed on May 24, 2019
• ECI - Election Commission of India (24.5.2019): Result Status, Status Known For 542 out of 542 Constituencies, Last Updated at 08:10:02 pm On 05/24/2019,
http://results.eci.gov.in/pc/en/partywise/index.htm, accessed May 24, 2019 (8:00 p.m.)
• IT - India Today (May 24, 2019): Election results 2019: Ab ki baar, 300 pairs: Modi makes it mumkin for BJP, https://www.indiatoday.in/elections/lok-sabha-2019/story/electionresults -2019-narendra-modi-wins-big-bjp-300-seats-1533550-2019-05-24, accessed on May 24, 2019
• REUTERS (May 24, 2019): Modi begins talks for new cabinet after big election win, accessed May 24, 2019
• SZ - Süddeutsche Zeitung (May 23, 2019): Prime Minister Modi's government wins
Marathon choice clear,
1.4459235, accessed on May 23, 2019
• ZO - Zeit Online (May 24, 2019): Governing party wins absolute majority in parliamentary elections,
https://www.zeit.de/politik/ausland/2019-05/haben-parlamentswahlnarendra-modi-bharatiya-janata-absolute-mehrheit, accessed on May 24, 2019
KI from 6.3.2019, current events in the Kashmir conflict (relevant for section 3.1./regional problem area Jammu and Kashmir).
On February 26, 2019, India penetrated Pakistani airspace for the first time since the war in 1971 and launched an attack in retaliation for the suicide attack on February 14, 2019 [note: see KI in LIB India on February 20, 2019] a training camp of the Islamist group Jaish-e-Mohammad outside the city of Balakot (Balakot region, Khyber Pakhtunkhwa province, Pakistan). This is outside the contested region of Kashmir (SZ February 26, 2019; see FAZ February 26, 2019b, WP February 26, 2019). India is convinced that the suicide attack on February 14th was planned and supported from Pakistan (NZZ February 26, 2019).
The information about the effects of the bombing varies: While Indian authorities report that almost 200 (CNN News 18 26.2.2019) terrorists, trainers, commanders and jihadists were killed and the camp completely destroyed, the Pakistani military confirms the air strike (DW February 26, 2019), however, announces that the Indian planes hastily disposed of their bomb load near Balakot in order to immediately escape the ascending Pakistani fighter jets. According to Pakistani information, there is neither a large number of victims (Dawn 02/26/2019; cf.
FAZ 26.2.2019a), infrastructure would still have been hit (DW 26.2.2019).
Observers were skeptical that this military strike could actually have hit a large number of terrorists in one place. Residents of the village of Balakot told the Reuters news agency that they were startled by loud explosions in the early morning. They said that only one person was injured and no one was killed. They also stated that there had indeed been a terror camp in the area in the past. However, this has now been converted into a Koran school (FAZ 26.2.2019b).
The Pakistani armed forces said they had two Indian armed forces on February 27, 2019
Fighter planes shot down over Pakistan and confirmed the arrest of a pilot. A spokesman for the Indian government confirms the shooting down of a MiG-21 (standard February 27, 2019). The Indian pilot was handed over to the Indian authorities on March 1st, 2019 at the Wagah border crossing. The Pakistani Prime Minister Imran Khan described the release as a "gesture of peace" (March 1st, 2019).
Pakistan closed its airspace completely on February 27, 2019 (Flightradar24 February 27, 2019) and reopened its airspace on March 1, 2019 for flights to / from Karachi, Islamabad, Peschawar and Quetta (also Lahore on March 2) (Flightradar24 February 27, 1/3 / 2.3.2019; see AAN 1.3.2019). The entire airspace was - with restrictions - on March 4th. released (Dawn 6.3.2019; cf.
On March 2nd, 2019 it was reported that at least seven people had been killed and ten others injured in firefights in the Kashmiri border area. According to Indian media reports, a 24-year-old woman and her two children were killed by artillery fire and eight other people were injured in the Indian part of the conflict region. According to the Pakistani security forces, a boy and another civilian and two soldiers were killed and two other people were injured in the Pakistani part of Kashmir. The armies of the enemy neighbors had repeatedly fired at various points across the de facto border between the parts of Kashmir controlled by Pakistan and India since March 1, 2019 (Presse March 2, 2019). On March 3, 2019 both sides reported that the situation along the "Line of Control" was again relatively calm (Reuters March 3, 2019)
The Pakistani Minister of Information confirmed on March 3, 2019 that decisive action against the extremist and militant organizations Jaish-e-Mohammad (JeM) and Jamaatud Dawa (JuD) with their charity wing Falah-i-Insaniat Foundation (FIF) was imminent. This approach would be in accordance with the National Action Plan (NAP). The decision was made long before the attack on Indian security forces on February 14th. fallen and only now been released. The decision was not made under pressure from India (Dawn 4.3.2019a).
• AAN - Austrian Aviation Network (1.3.2019): Pakistan partially opens the airspace again,
http://www.austrianaviation.net/detail/pakistan-oeffnet-den-luftraum-wiedsteilweise/, accessed on March 4th, 2019
• CNN News 18 (February 26, 2019): Surgical Strikes 2.0: '200-300 Terrorist Dead',
https://www.news18.com/videos/india/surgical-strikes-2-0-200-300-300-terrorist-dead2048827.html, accessed on February 26, 2019
• Dawn (February 26, 2019): Indian aircraft violate LoC, scramble back after PAF's timely response: ISPR, https://www.dawn.com/news/1466038, accessed on February 26, 2019
• Dawn (4.3.2019a): Govt plans decisive crackdown on militant outfits,
https://www.dawn.com/news/1467524/govt-plans-decisive-crackdown-on-militantoutfits, accessed on March 4th, 2019
• Dawn (4.3.2019b): Pakistan airspace fully reopened, says aviation authority, https://www.dawn.com/news/1467600, accessed on 6.3.2019
• Dawn (6.3.2019): Airlines avoiding Pakistan's eastern airspace, making flights longer,
https://www.dawn.com/news/1467798/airlines-avoiding-pakistans-eastern-airspacemaking-flights-longer, accessed on March 6, 2019
• DW - Deutsche Welle (February 26, 2019): Indian jets fly air raid in Pakistan,
https://www.dw.com/de/indische-jets-fliegen-luftangriff-in-pakistan/a-47688997, accessed on February 26, 2019
• FAZ - Frankfurter Allgemeine Zeitung (26.2.2019a): India flies air strikes in Pakistan,
https://www.faz.net/aktuell/politik/ausland/lösungen-fliegt-angriff-gegenmutmassliche-islamisten-in-pakistan-16060732.html, accessed on March 4th, 2019
• FAZ - Frankfurter Allgemeine Zeitung (26.2.2019b): Pakistan: We reserve the right to react to India's attacks, https://www.faz.net/aktuell/politik/ausland/indischeluftwaffe-verletzt-den-pakistanischen-luftraum -16061769.html, accessed on March 4th, 2019
• Flightradar24 (February 27, 2019; additions on March 1, 2019 and March 2, 2019):
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