if they fulfilled Article 1A(2) criteria. In the present case, the Court found that the
applicant’s claims regarding fear of persecution were not credible. To the extent that
his fears were credible, the applicant could avoid persecution by seeking a transfer
to a refugee camp outside the “sphere of influence” of the Islamic organization he
claimed was persecuting him.
The case was ultimately referred back to the authority of first instance to examine
whether the applicant was entitled to subsidiary protection for reasons relating to his
state of health and a lack of appropriate health care in Lebanon.
Case E3 421668-1/2011-9E, of 29 February 2012418
In this case, the asylum seeker was a Palestinian from the Gaza Strip who was
registered with UNRWA. The applicant fled to Austria because he feared for his life.
The court concluded that the applicant’s claim of a well-founded fear of personal
persecution was not credible and the request for asylum was denied.
Case E7 423461-1/2011/5E, of 2 May 2012419
The applicant in this case was a Palestinian born in Libya and raised with his
family in a refugee camp in Lebanon prior to his entry into Austria. The applicant was
registered with UNRWA and possessed a Lebanese travel document for Palestinian
refugees. He fled to Austria in fear for his life. The Federal Asylum Office determined
that the applicant did not provide credible information regarding his reasons for
departing Lebanon, nor did he face any credible threats of violence upon return to
Lebanon.
The court also determined that because Palestinian refugees in Lebanon were
permitted to live outside refugee camps, the applicant had not exhausted his options
to seek safety in Lebanon.
5. Refugee Status Determination Process: Outcome
Persons granted refugee status receive permanent residence permits. Those
granted subsidiary protection receive one-year, potentially renewable residence
permits.420
An asylum seeker who has been granted refugee status may receive integration
assistance “to bring about his full involvement in the economic, culture and
social aspects of life in Austria.”421 Assistance may include language courses, job
training, introduction to Austrian society, and information for finding housing, and
benefits from the Austrian Fund for Integration of Refugees and Migrants Act.422
418
Asylgerichtshof (AsylGH) [Asylum Court of Austria], “Case E3 421668-1/2011-9E.”
Asylgerichtshof (AsylGH) [Asylum Court of Austria], “Case E7 423461-1/2011/5E.”
420
Knapp, National Country Report: Austria, 13.
421
State of Austria, “2005 Asylum Act,” Chapter 8, Section 3, Article 68(1).
422
Ibid., Chapter 8, Section 3, Article 68(2).
419
Survey of Protection at the National Level
87
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