What is Pakistan's national scimitar

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REASONS FOR DECISION:

I. Procedure and facts

I.1. Procedure

1. On March 29, 2011, the complainant (hereinafter: BF) submitted the application for international protection under the name XXXX, born on XXXX, in accordance with Section 2, Paragraph 1, Item 13 of the Asylum Act 2005 (AsylG 2005), Federal Law Gazette I No. . 100/2005 as amended.

On March 29, 2011, the first written survey of the BF took place in front of an organ of the Federal Police.

Subsequently, the BF was questioned in writing on April 5, 2011 in front of the Federal Asylum Office (hereinafter: BAA), Traiskirchen branch, in the asylum procedure.

2. With the decision mentioned in the ruling above, the Federal Asylum Office personally handed over the application for international protection in relation to the granting of the status of the person entitled to asylum in accordance with Section 3, Paragraph 1 in conjunction with. § 2 para. 1 no. 13 AsylG 2005 rejected (ruling point I.), the application regarding the granting of the status of beneficiary of subsidiary protection in relation to the country of origin India according to § 8 para. 1 in conjunction with Rejected in accordance with Section 2, Paragraph 1, Item 13 of the Asylum Act 2005 (point II.) And expelled the BF from Austria to India in accordance with Section 10, Paragraph 1 of the Asylum Act 2005 (point III.)

3. In a (apparently incorrectly dated) brief of May 10, 2011, which the first authority demonstrably received on May 9, 2011, the BF, through his chosen representative, submitted an application for reinstatement in the previous status against the failure of the appeal deadline and brought this application at the same time the missed complaint against the decision mentioned under point 2 above.

4. With the decision of May 13, 2011, number: XXXX, the BAA rejected the BF's application for reinstatement in the previous status of May 9, 2011 in accordance with Section 71, Paragraph 1, Item 1 of the General Administrative Procedure Act (AVG) (point I.) and granted suspensive effect to the application in accordance with Section 71 (6) AVG (ruling point II.).

The complaint submitted in due time by letter dated June 1, 2011 was directed against point I. of this decision, with which the decision of the BAA, with which the application for restitution to the previous status had been rejected, was contested.

5. With the decision of the Federal Administrative Court (hereinafter: BVwG) of June 27, 2014, number W163 1419688-2 / 3E, the complaint pursuant to Section 71 (1) AVG was granted and the BAA's decision of May 13, 2011 was resolved.

6. With a submission dated 19.03.2015, the BF informed that he wanted to correct his identity data. He presented a copy of a passport and a birth certificate stating that the BF was XXXX, born on XXXX, and resident in XXXX (Punjab).

Two Schengen visas for Cyprus were noted in the passport, i.e. a student visa, valid from June 19, 2007 to July 16, 2007, and a tourist visa, valid from March 6, 2011 to March 20, 2011.

5. The BVwG held a public hearing in the present case on October 6, 2015, with the BF responding to specific questions stating that he was requesting the provision of a legal advisor.

By resolution of the BVwG of October 8, 2015, the BF was provided with a legal advisor.

On November 17, 2015, the BVwG continued the public hearing in which the BF personally took part. Neither a representative of the BFA nor the legal advisor of the BF took part in the hearing. In response to a specific question, the BF stated that he would waive the participation of his legal advisor in the hearing.

I.2. Results of the investigation (facts)

On the basis of the investigative proceedings carried out, the Federal Administrative Court is assuming the following facts that are decisive for the decision:

a) The person making the complaint

1. The BF bears the name XXXX alias XXXX, born on XXXX. According to the BF in the hearing before the BVwG and according to the birth certificate presented, he was born in XXXX (Punjab). According to his information, the BF was resident in District XXXX, Punjab.

The BF is a citizen of the Republic of India and is a member of the Ravidasi religious community. The BF's mother tongue is Punjabi, he also speaks Hindi and some German and English.

The BF is healthy, young and able to work. The BF is single, his mother and sister are still in India, the father has already passed away.

The BF attended school for twelve years and then worked as an unskilled worker in agriculture. After his departure, he said he studied food technology in Cyprus.

The BF has no family members or relatives living in Austria and has no other noteworthy social ties in Austria. The BF is criminally innocent.

The BF speaks a little German and, according to its own information, works as an independent advertising and newspaper distributor.

2. The BF left his country of origin India on July 9, 2007 by plane and flew from New Delhi to Larnaka, Cyprus.

What is certain is that the BF came from Cyprus - presumably via the Czech Republic - to Austria, where he applied for international protection on March 29, 2011.

3. The BF's submissions on the reasons for leaving the country of origin and on a possible risk in the event of return to the country of origin is not credible and is therefore not used as a basis for this decision as a decisive factor.

It is established that the BF has neither a criminal record nor has he ever been imprisoned in his country of origin and that he had no problems with the authorities of his country of origin, either because of his religion or ethnic group, or in any other way.

A specific reason for leaving the country of origin could not be determined. Nor could it be established that the BF is exposed to a significant risk of persecution in the event of his return to his country of origin.

b) The situation in the country of origin

Overview of the political situation:

With a population of 1.2 billion, India is the most populous parliamentary democracy in the world. According to the constitution, it is a secular, democratic and federal republic. India has 28 federal states and six so-called union territories. The capital New Delhi has a special legal status. The central government has significantly greater powers than the state governments and, in the event of internal problems, can place a state under direct central government administration for a limited period of time. President Pranab Kumar Mukherjee has been Indian head of state since July 2012. The office primarily entails representative tasks, but the president has far-reaching powers in the event of a crisis. After independence from Great Britain (1947), India enforced the principle of the separation of powers between the legislature, the executive and the judiciary. The decisions of the state administration (bureaucracy, military, police) are also controlled by the country's free press, which is published not only in the national official languages ​​Hindi and English, but also in many of the regional languages. India also has a lively civil society that is involved in shaping politics with a wide range of initiatives.

(German Foreign Office, "India - Domestic Policy", November 2013)

After the elections for Lok Sabha (lower house of parliament) in April / May 2009, the coalition government of the United Progressive Alliance (UPA) could be continued under the leadership of the Congress Party together with 6 other parties and 5 MPs from small parties. After two regional parties left the coalition, the governing coalition no longer has a parliamentary majority, but is supported by several parties outside the coalition. The legislative period lasts until spring 2014 (five years). Head of government in the second term is the economic expert and "father" of the economic opening of India that was initiated at the beginning of the 90s, Dr. Manmohan Singh. The chairwoman of the congress party Sonia Gandhi (daughter-in-law Indira Gandhi and widow Rajiv Gandhi, who were both murdered in office as prime minister), as chairwoman of the United Progressive Alliance, has a great influence on the shaping of government policy. Sonia Gandhi is also chair of the "National Advisory Council", an independent advisory body made up of 15 representatives from civil society, which can submit proposals to the Prime Minister. Sonia Gandhi's son Rahul Gandhi was elected vice chairman of the Congress Party in January 2013. The UPA government is trying to improve the participation of the disadvantaged classes in India's rapid economic growth ("inclusive growth"). She has committed herself to a policy in favor of the "common people". Important government projects include improving the situation of farmers, equal rights for women, equal opportunities for religious minorities and disadvantaged castes and tribesmen, improving schooling and vocational training, and modernizing infrastructure and administration. Food price inflation (around 10%) and the fight against malnutrition were identified as further pressing problems. On the basis of a law on food security passed in the Indian parliament in September 2013, around two thirds of the Indian population are to have a right to subsidized grain in the future.

(German Foreign Office, "India - Domestic Policy", November 2013)

Punjab

The political situation in Punjab is currently stable. The security situation is far more favorable than it was in the early 1990s. This means that terrorist activities are now very rare, no more common than in other parts of India. The threats that reigned during the Khalistan conflict are no longer noticeable in the everyday life of the population. In recent years there have been only isolated victims of terrorist activities. After the elections in spring 2012, the local party Shiromani Akali Dal won with the BJP in tow.

(Mag.Bruser, general report on the domestic flight alternative, from July 2011, p. 8; Junge Welt, results of Indian regional elections without influence on the government coalition, from 07.03.2012)

Minorities:

The constitution contains a guarantee of protection against discrimination on grounds of belonging to a certain religion, race, caste, gender or place of birth (Art. 15). Minorities have the right to their own educational institutions and to maintain their own language, writing and culture (Articles 29 and 30). The recognized religious minorities of Muslims, Sikhs, Christians, Buddhists and Parsees, whose representatives sit on a national minority commission, fall under special legal regulations. The commission, which has existed since 1978, was reconstituted in 1992. In order to better integrate disadvantaged minorities into public life and to increase equal opportunities, the lowest stratum of the caste system (so-called "Dalits") and the so-called tribal population ("Adivasis") experience positive discrimination, the permissibility of which is laid down in the constitution ( Art. 46). In the education system and in state administration, quotas of up to 49.5% are required for the so-called "Scheduled" Castes and "Scheduled" Tribes ("scheduled" = castes and tribes mentioned in the constitution) as well as for other disadvantaged groups, so-called. Other backward castes, provided. The minority ministry, founded on January 29, 2006, is equipped with considerable funds that are to be used to improve living conditions, especially for Muslims. Current studies, however, hardly any improvements, in some subject areas (e.g. education) even deteriorations.

Despite all government efforts, religious or social minorities continue to be disadvantaged in the public and private sectors. This is particularly evident in the countryside. According to credible reports from human rights NGOs such as Human Rights Watch, Human Rights Law Network and others, as well as consistent media reports, ethnic and religious minorities as well as "casteless" (Dalits) in particular continue to be exposed to discriminatory practices by the police and the criminal justice system. In several federal states (including Haryana, Tamil Nadu and Madhya Pradesh), cases were repeatedly recorded in 2012 in which Dalits who had publicly complained about denied access to temples or other forms of discrimination were subsequently mistreated or killed by strangers. Police and law enforcement officers often do not intervene or intervene only cautiously in the event of acts of violence committed by members of the religious and / or ethnic majority population (rape and expulsion from their own country are not isolated cases).

(German Foreign Office, report on the asylum and deportation-relevant situation in the Republic of India, 03.03.2014, pp. 8 and 9)

Ravidasi religion

After the unrest in the 1980s with the endeavors to establish a state of their own for the Sikhs, the situation has calmed down throughout, so there have been almost no more terrorist attacks in recent years. The attack in Vienna only triggered a brief wave of indignation in the Punjab, which the security forces quickly brought under control.

The attack in Vienna has several causes, which can primarily be localized within the Sikhs community. The internal conflicts have always existed, but with the removal of external threats, attention has focused on internal difficulties and inequalities, which is manifested in a drifting apart of the Sikhs. This drifting apart was also the cause of the attack in

Vienna.

However, the socio-economic points of conflict have not been resolved and remain virulent and can therefore give rise to future conflicts that express themselves in the different currents of Sikhism.

After the attack on two Indian gurus in Vienna, the situation in their north Indian homeland remains tense. As the Internet service "Punjab Newsline" reported on Tuesday (May 26th, 2009), the cities of Ludhiana, Phagwara and Hoshiarpur were still subject to a curfew, which was only relaxed for an hour. All schools in these and two other cities remained closed, and the Indian railways completely stopped their traffic in the state of Punjab because of the acts of vandalism of the past few days.

On Sunday (May 24th, 2009) and Monday (May 25th, 2009) bloody unrest broke out in large parts of the northern Indian state of Punjab and claimed two lives. Several dozen citizens were injured and the material damage is enormous. The authorities only got half of the situation under control through the use of the military. Police stations, a railroad train, the warehouse of a sugar factory, dozens of vehicles and public buildings as well as an automobile salon had previously been demolished. Railways and highways were blocked. Police tried to contain the crowd with tear gas and batons. A curfew has been imposed on four major cities. As a result of the unrest, public life in large parts of the state had come to a standstill, especially buses, trains and gas stations were affected by acts of vandalism. Two people were shot dead by security forces and dozen were injured.

In the night of Tuesday (May 25/26, 2009) rioters also set fire to a sugar refinery in Phagwara. After the previous day the Indian Interior Minister P. Chidambaram had accused the regional security authorities of not enforcing the curfew, criticism of the alleged laxity of the police in Punjab continued to grow on Tuesday. "The police are just watching this terrorist act," the Punjab Newsline quoted locals as saying. Some people not only disregarded the curfew, but also openly displayed weapons.

The Indian-Pakistani "Friendship" Express (Samjhauta Express) was also affected by the unrest and had to stop its service in Amritsar. 105 Pakistani passengers were stranded in Amritsar because the police forbade them to leave the station for security reasons. You could be harmed during the riots, it said. A special train was supposed to bring the Pakistanis to New Delhi on Tuesday evening. The train connection between New Delhi and Lahore, which was only started in 2000, is of great symbolic importance for the two former archenemies. In February 2007, 67 people, mostly Pakistanis, were killed in an attack on the Samjhauta Express in India.

During the shooting in a Sikh prayer house in Vienna-Rudolfsheim-Fünfhaus on Sunday, the leader of a religious denomination mainly supported by Dalits (untouchables), Sant Niranjan Dass, was seriously injured. The preacher who accompanied him, Sant Rama Nand (Anand), died of serious injuries on Monday night. The bloodbath was apparently caused by Orthodox Sikhs, who disagreed with the religious views of the two preachers and the Sikh faith movement "Shri Guru Ravidas Sabha". She fights against the caste system, which is still subliminally widespread among the Sikhs, and does not take it very seriously with the five "K" rules that all male Sikhs should heed (including wearing a turban and a crook).The Ravidasis are just about to split off from the Sikhs. They primarily worship the medieval Indian mystic Ravidas. There are 41 hymns by Ravidas in Guru Granth Sahib, the sacred book of the Sikhs. He belonged to the Chamar caste of tanners and shoemakers, which is at the bottom of the caste hierarchy.

(See conclusion of the country information on Punjab [The Sikhs in Punjab] of the state documentation of the Federal Asylum Office as of February 2010, see also ÖIF country information No. 4, January 2010)

In February 2012, the English-language Indian daily newspaper The Indian Express reported that followers of the newly founded Ravidassia religion were still divided about the new Granth (holy book). In a previous article in February 2012, The Indian Express reported that members of the Dera Sach Khand Ballan community, who two years earlier founded the Ravidassia religion, received the new holy book, Amrit Bani, as part of a Shobha Yatras (procession, note ACCORD ) would have presented.

In a column by political writer and editor Aditi Phadnis on elections in Uttar Pradesh, published by the English-language Indian newspaper Business Standard in May 2014, it is mentioned that there have been numerous clashes between Dalits and Muslims in Uttar Pradesh be. Dalits have been prevented from holding processions on the anniversaries of Dalit icons such as Guru Ravidass. There were also tensions during wedding procession through Muslim areas. It is not clear from the article whether the Dalits mentioned are supporters of the Ravidassia community.

The Indian daily The Times of India wrote in March 2014 that the Minister for Prisons in the state of Punjab, Sarwan Singh Phillaur, failed to organize state celebrations in Jalandhar for the anniversary of Guru Ravidass, despite the state government's announcement. Members of the Shiromani Akali Dal (SAD) party stated that this could be counterproductive for the ruling coalition, as the Ravidassia community is strongly represented in the Doaba region. The article further states that the state government is trying to maintain a balance between Dera Sachkhand Ballan (also Dera Sach Khand, note ACCORD), who founded her own religion four years ago, and the Sri Guru Ravidass Sadhu Sampardai Society.

The Times of India reported in March 2014 that in the state of Punjab, among others, the religious leader of the Sri Guru Ravidass Sadhu Sampardai Society, Sant Nirmal Dass, called for political parties to include environmental issues in their election programs and that he also called on voters To boycott parties that would not take up this issue.

The English-language Indian weekly magazine Indiatoday wrote in May 2014 that the Dalit community was affected by social exclusion after a "row" in the state of Punjab with landowners belonging to the upper castes. The owners allegedly threatened Dalits over loudspeakers. The supply of drinking water had been interrupted. The article also mentions the Guru Ravidas Welfare Society in Bopur. Its chairman, Raj Kumar, stated that the organization had asked the Deputy Commissioner to take appropriate action against the people involved. The members of the community were shocked after the incident, according to the chairman.

A May 2014 article in The Times of India newspaper also reported on the above incident. Raj Kumar of the Guru Ravidas company stated that the property owners had refused access to fields, the village's pond and the water tank.

The Hindustan Times newspaper reported in September 2013 that a bandh ("strike") was called in Jalandhar, Punjab state, after a news channel broadcast "derogatory" remarks against Guru Ravidass. Demonstrators with sticks and kirpans (Sikh swords, note ACCORD) would have forced the strike ("shut down"). The police tried in vain to intervene. In the Nurmahal area, activists from the Guru Ravidass Nagar Kirtan Prabandhak Committee burned the portrait of a news editor to protest alleged derogatory comments on Guru Ravidass on the program. The leaders of the rally demanded the arrest of managers and reporters for violating the religious sentiments of a community.

In connection with the above-mentioned incident, the Hindustan Times reported in September 2013 that the Punjab Scheduled Castes Commission had stated that people's religious feelings had been violated. The chairman of the commission, Rajesh Bagha, stated that those responsible had to be held accountable so that no one could disturb the social and religious harmony.

Hindustan Times reported in February 2013 that hundreds of Dera Sachkhand Ballan's followers had started a train journey from Jalandhar to Varanasi, the birthplace of Guru Ravidass. There were strict security measures at the train station to avoid unwanted incidents.

In January 2013, the Hindustan Times reported that the government had approved an eleven-member committee for the completion of a Sri Guru Ravidass monument in the village of Khuralgarh.

The Indian Express also reported on the construction of monuments in April 2014. In Khuralgarh, for example, a monument is planned that will be dedicated to the life of Guru Ravidass.

The Austrian radio station Austria 1 (Ö1) reported the following about Ravi Dasi (here: Ravidasi) in June 2009:

"Sikhs and Ravidasis

The press often referred to the Sikh temple as the site of the attack. But the Ravidasis are just about to split off from the Sikhs. They primarily worship the medieval Indian mystic Ravidas. There are 41 hymns by Ravidas in Guru Granth Sahib, the sacred book of the Sikhs. He belonged to the Chamar caste of tanners and shoemakers, which is at the lowest end of the caste hierarchy, because they processed the skin of dead animals, which is regarded as unclean. Chamars had to live on the edge of the village, had no land of their own and were not allowed to use the village well. Their touch was considered ritually polluting. 'Untouchability' has been officially abolished since India's independence. The former 'untouchables' now call themselves 'Dalit'. That means something like 'broken one'.

Caste system also with the Sikhs

Although the Sikh founder Guru Nanak, who lived in the 15th century, rejected the Hindu caste system, many of the higher-caste Sikhs still pay attention to caste affiliation when looking for marriage partners for their children.

Dalits build their own religious centers

The land-owning so-called Jat Sikhs have oppressed and exploited the Dalits for centuries. But since the 1970s and 80s, the Dalits have started to assert themselves more socially and to push for change. The Dalits are also looking for a new identity in the religious sphere. While the Dalits long visited the Sikh temples, they have built numerous religious centers of their own over the last few decades, in which Ravidas is given special veneration. The seat of the two gurus who traveled to Vienna, Dera Sachkhand Ballan, is the most influential center of the Ravidasi community. It owes a good part of its income to the many supporters abroad.

Former elites are losing their power

The economic situation of the once dominant Jat Sikhs has tended to deteriorate. Many families have three or four sons who have to share the land. This means that after just a few generations, great difficulties arise in satisfying the sharply increased demands on the standard of living through agriculture. The situation of many ravidasis, however, has improved. The city of Jalandhar, near the center of the two gurus who traveled to Vienna, and where the riots took place after the attack in Vienna, has developed into the center of a profitable leather goods industry. From there, shoes are exported to Austria, for example.

Many donations for the Dalit temples and social programs

The religious scholar Lothar Handrich explains that the Dalits are now emancipating themselves in the religious sphere as well, threatening the supremacy of the traditional elites: 'The Ravidasis have received a large number of visitors in recent years and have received a lot of donations because they set up hospitals and schools for the poorest. This makes the established Sikhs feel threatened, because there is a lot of money involved. ' The attack in Vienna only increased the need for demarcation. In Austria, the Ravidasis are now considering applying for recognition as an independent religious community. "(Ö1, June 23, 2009)

In May 2009 the press reported the following about the background to the attack on a Ravi Dasi prayer house in Vienna in May 2009:

"One would actually have expected an act of terror like this to take place in London or India. After all, there is a conflict between the Ravi Dasi sect (a Sikh group that attracts members of the lower castes, especially the 'untouchables') and Orthodox Sikhs worldwide. In addition to religious differences, such as whether living gurus are allowed to be worshiped, the dispute is primarily about social ones, because even if the Sikhs reject the caste system, it plays a role as in every Indian religion. Why the situation in, of all places Vienna escalated for two reasons.

A disproportionately large number of Sikhs live in the Indian community. Because in the eighties, when many Sikhs had to flee the Punjab, it was relatively easy to find work in Austria thanks to the exemption for newspaper porters.

Second: The Ravi Dasi sect, whose temple was shot at, is very active in Austria. Not every Sikh group has a temple or invites gurus - like those who were killed or seriously injured the day before yesterday. "(Die Presse, May 25, 2009)

(see ACCORD - Austrian Center for Country of Origin and Asylum Research and Documentation: Situation of the Parties or Sects Shiv Sena, Ravi Dasi, Dera Sacha Sauda [a-7557-5 (ACC-IND-7557-5)], 19. April 2011;

http://www.ecoi.net/file_upload/response_de_159927.html accessed on June 3rd, 2014)

Justice:

The courts conduct criminal proceedings with judicial independence. A generally discriminatory criminal prosecution or sentencing practice cannot be determined, but the lower levels in particular are not free from corruption. In November 2011, the Chief Justice called for corrupt judges to actually make names and facts public and to prosecute them. The rule of law guarantees enshrined in the constitution (e.g. the right to a fair trial, Art. 21) are restricted by a number of security laws. These laws were tightened again after the Mumbai terrorist attacks in November 2008; Among other things, the presumption of innocence was suspended for certain criminal offenses. Particularly in unrest areas, the security forces have extensive powers to combat secessionist and terrorist groups, which are often used excessively. The often very long duration of the proceedings is very problematic, especially because the courts are overburdened. The standard duration of criminal proceedings (from the indictment to the judgment) is approximately four years; in some cases, proceedings take up to ten years. Witness protection is also inadequate. As a result, witnesses often do not testify freely in court because they have been bribed or threatened. Since the judges rotate every six months, it is customary to reschedule legally more demanding cases or cases with very complex issues for the successor.

(German Foreign Office, report on the asylum and deportation-relevant situation in the Republic of India, 03.03.2014, p.

11)

Security authorities:

The police act on the basis of state police laws. The military can also be active domestically if this is necessary to maintain internal security. Civilian control of the military apparatus, however, was never questioned. In addition, there are largely paramilitary units subordinate to the Ministry of the Interior, such as the Central Reserve Police Force, the Central Industrial Security Force, which is formed to protect important authorities and facilities, and the Border Security Force ) and the "Indo-Tibetan Border Police" stationed mainly on the Indo-Chinese border. The border special forces ("Special Frontier Force") report to the office of the Prime Minister, the railway protection forces ("Railway Protection Force") to the Ministry of Railways. The so-called border security forces secure the Indian-Pakistani border in Jammu and Kashmir as well as the borders with Bangladesh and Myanmar. They are also used to ensure internal security and to fight insurgents as well as in violent clashes between religious groups. The so-called border special forces are an elite unit that is deployed on sensitive sections of the border with China. There are also legal bases for the actions of the secret services, the so-called intelligence bureau (domestic secret service) and the research and analysis wing ("Research and Analysis Wing"). The Armed Forces Special Powers Act (AFSPA) is used as the legal basis for the deployment of armed forces - especially land forces - in unrest areas and against terrorists. The AFSPA gives the armed forces extensive powers to use lethal force, make arrests without a warrant, and search without a warrant. In their actions, those involved in the armed forces enjoy broad immunity from prosecution. The AFSPA comes into play after state governments declare their states or only parts of them to be "unrest areas" on the basis of the Disturbed Areas Act. The state of Jammu and Kashmir and the northeastern states of Arunachal Pradesh, Assam, Meghalaya, Manipur, Mizoram, Nagaland and Tripura are currently recognized as unrest areas.

The increase in terrorist attacks in Indian cities in recent years (December 2010 in Varanasi, July 2011 Mumbai, September 2011 New Delhi and Agra, April 2013 in Bangalore) and in particular the devastating attacks in Mumbai in November 2008 have put the government under massive pressure to be tough on counter-terrorism. 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. However, the Mumbai attacks have led to changes in the law. For example, a National Investigation Agency (NIA) was set up to counter terrorism, modeled on the US FBI. The "Unlawful Activities (Prevention) Act" (UAPA) has also been tightened. The changes include, among other things, an expanded definition of terrorism and, in cases related to terrorism, the extension of pre-trial detention without charge from 90 to 180 days and simplified rules for proving the perpetrator of a defendant (which in fact come close to reversing the burden of proof).

(German Foreign Office, report on the asylum and deportation-relevant situation in the Republic of India, 03.03.2014, pp. 7 and 8)

Primary care:

Around a quarter of the population lives below the subsistence level estimated by the United Nations. Unless there are extraordinary natural disasters, however, a sufficient food supply for survival is fundamentally ensured even for the weakest parts of the population. There are no state reception facilities for returnees, social assistance or any other social network. Returnees depend on the support of their own family or friends.

Temporary emergencies can easily be compensated for by feeding the poor in the temple, especially the Sikh temples, which also provide accommodation for smaller services.

(German Foreign Office, report on the asylum and deportation-relevant situation in the Republic of India, 03.03.2014, p.

28)

Medical supplies:

Basic health care is in principle granted by the state free of charge. But it is consistently inadequate. Since the demand for services from the state sector is very strong, many are turning to private providers for better or faster treatment. The private health care providers enjoy a better reputation because of the more advanced infrastructure and qualified staff. In all major cities there are medical facilities where survival measures can be carried out. With the restrictions mentioned, this also applies to the public area.A few private hospitals in the largest cities guarantee a standard that is comparable to that of western industrialized countries. In the economically strong Punjab and New Delhi in particular, health care is good in relation to other parts of the country. Almost all common drugs are available on the market. Medicines can be imported from abroad. India itself is the world's largest manufacturer of generic drugs, with drugs costing a fraction of the prices in Europe.

(German Foreign Office, report on the asylum and deportation-relevant situation in the Republic of India, 03.03.2014, p.

28)

There are government-backed projects and programs for the health and welfare of the citizens carried out by the central government. These programs aim to improve the health of the population and reduce the number of illnesses and deaths from diseases. The government-sponsored programs include immunization campaigns, special epidemic handling, plans to eradicate dangerous diseases, and numerous education and training programs. The National Rural Health Mission "NRHM" is a government project for the nationwide provision of useful medical services in the households of rural regions. The focus is primarily on the 18 states of Arunachal Pradesh, Assam, Bihar, Chhattisgarh, Himachal Pradesh, Jharkhand, Jammu and Kashmir, Manipur, Mizoram, Meghalaya, Madhya Pradesh, Nagaland, Orissa, Rajasthan, Sikkim, Tripura, Uttarkhand and Uttar Pradesh.

The main concerns of the "NRHM" are:

* Reduce child and maternal mortality rates

* Access to public health services for every citizen

* Protection and control against contagious and non-contagious diseases

* Population control and ensuring gender balance and more balanced

Demographics

* Promotion of a healthy lifestyle and alternative medicine through AYUSH

(Department of Ayurveda, Yoga and Neuropathy - An Alternative Health System

in India).

India's vaccination program is one of the largest in the world in terms of the amount of vaccines used, the number of recipients, the number of organized vaccination campaigns and the geographic area covered. As part of the vaccination program, vaccines are used to protect children and pregnant women from six diseases: tuberculosis, diphtheria, pertussis, polio, measles and tetanus. A hepatitis B vaccination is also included in phases in the universal vaccination program. In government hospitals, some of which are among the best in India, treatment is provided at taxpayer expense. The private medical institutions offer high quality standards at high costs. With more than 50 hospitals nationwide, "Apollo Hospitals" is the largest provider of medical care after the Indian government. Health care costs in India are relatively low compared to developed parts of the world. The following is the average cost of some facilities in US $: bone marrow transplant - $ 70,000, liver transplant - $ 70,000, cardiac surgery - $ 10,000, orthopedic surgery - $ 8,000, cataract surgery $ 1,250, dental implantation - $ 800, etc. The primary health care facilities ("PHC") are the cornerstones of rural areas Health care. The primary health centers and their subordinate bodies are intended to meet the medical care needs of the rural population. Each primary health center is responsible for 100,000 people and is spread across around 100 villages. The necessary equipment for performing minor surgical interventions is available. At the area level, the health administration consists of a large number of staff and doctors who service an average of 10-15 hospitals, 30-60 primary health centers and 300-400 sub-centers. Each district also has a civil hospital to meet the needs of the local population.

The Accredited Social Health Activist (ASHA) is a community health activist initiative. Its aim is to raise awareness of health issues and its social implications, and guide the community in local health planning, as well as increasing the use of and responsibility for the existing medical services provided by the government. The ASHA initiative also offers a minimum package of curative care as appropriate and feasible at this level. She also ensures timely transfers. The free emergency number in India is 1-0-8. The emergency calls are received by GVK EMRI (GVK Emergency Management and Research Institute), the only professional emergency call service provider in India that accepts medical emergency calls and emergency calls for the police and fire brigade.

Only 10% of today's Indian population have health insurance coverage. 75% of medical expenses still have to be paid for by consumers themselves. However, it is assumed that this branch of industry will grow enormously in the next few years as a result of the market entry of numerous private investors. 17 insurance companies and 3 health insurance companies currently offer health insurance. With drug applications and healthcare costs growing, the Rs. 500,000 sum insured limit is steadily increasing, causing many companies to issue Rs. 100,000 policies. Max, Apollo Munich and Fortis are the three largest companies. Royal Sundaram, Bharati AXA, ICICI Lombard etc. offer health insurance in India.

(BAMF_IOM, Country Information Sheet - India, August 2013, p. 5 ff)

Domestic escape alternatives / return:

Full freedom of movement is guaranteed. The majority of citizens do not have any IDs. Anyone who feels persecuted can settle in another part of the country. Even with criminal prosecution, it is usually possible to live undisturbed in rural areas in other parts of India without the person having to hide their identity. In the big cities, however, the police are better staffed and better equipped, so the possibility of being tracked down is greater there. After several years of peaceful residence, separatists from the Punjab were tracked down and arrested in New Delhi. Well-known personalities ("high profile" people) cannot avoid persecution by moving to another part of the country, but less well-known people ("low profile" people) can.

(Austrian Embassy, ​​New Delhi, "Asylum Country Report - India", 8.2011, p. 25)

In September 2010 a start was made on issuing individual identity numbers to all 1.2 billion inhabitants. The identity numbers should make it possible for poor people to open bank accounts or to receive state social benefits. Registration is voluntary. It is currently not possible to estimate which data can be used to track wanted persons. Around 300 million cards had been issued by January 2013. The goal is to cover 600 million, i.e. around half of India's population, by 2014. To get the card, fingerprints, iris scan and personal data are recorded.

(APA, "Every citizen should receive a personal number", from 09/30/2010; Mag. Brüser, supplement to the report from July 2011, from February 2012; e-mail information, ÖB-New Delhi, from 02/07/2013)

There is no registration law in India and therefore no central registration office.

(Austrian BMEIA, Registration System - India, from 02.26.2014)

In the opinion of the German Foreign Office, a person is free to stay in another city when they return. Since there is no central reporting / registration or passport system in India, it is not possible for a police officer in Punjab to use registers or central files to determine the whereabouts of a person in an unknown location.

(German Foreign Office, information to the Administrative Court Dresden, from May 3, 2013)

According to the UK Home Office, Indian nationals can voluntarily return to any region of India at any time when they voluntarily leave the country (UK), emigrate, or voluntarily return to India. (United Kingdom, Home Office, Oerational Guidance Note - India, from May 2013, p. 35)

The government has largely state territorial power; however, the state monopoly of the use of force is increasingly being eroded, especially by the "Naxalites". Full freedom of movement within the country is guaranteed. There is no state reporting or registration system, so a large part of the population does not have an identity card. This favors the establishment in another part of the country in case of persecution. Even with criminal prosecution, it is not uncommon for a person to be able to live undisturbed in rural districts in other parts of the country without the person having to hide their identity. With the planned data network system for the central security authorities and the Union states, Crime and Criminal Tracking Network System (CCTNS), such an exchange of information should be guaranteed at all levels in the future. A connection of 15,000 police stations and 6,000 higher-level agencies was planned for 2012. However, the implementation of the ambitious project is far behind the original schedule.

(German Foreign Office, report on the asylum and deportation-relevant situation in the Republic of India, 03.03.2014, p.

22)

Sikhs 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.

(Austrian Embassy, ​​New Delhi, "Asylum Country Report - India", 8.2011, p. 28)

Sikhs are considered a mobile and entrepreneurial community. All over India, Sikhs can be found in various professions (drivers, mechanics, owners of restaurants, hotels or travel agencies etc.) and in the public service and in the army. Sikhs in need are provided with food and shelter at least in the Sikh temples (Gurudwara) that are widespread throughout India.

Sikhs from the Punjab could possibly easily settle in states such as Rajasthan, Haryana or Uttar Pradesh, as well as in the metropolises of Delhi or Bombay. Although the security situation is normal in other parts of India, there may be greater difficulties in getting used to the language. In Calcutta, for example, Bengali is the lingua franca, and Tamil in Madras.

(Mag.Bruser, General Report on the Domestic Flight Alternative, from July 2011, p. 15)

In the opinion of the German Foreign Office, a person is free to stay in another city when they return. Since there is no central reporting / registration or passport system in India, it is not possible for a police officer in Punjab to use registers or central files to determine the whereabouts of a person in an unknown location.

(German Foreign Office, information to the Administrative Court Dresden, from May 3, 2013)

An asylum application does not lead to any adverse consequences for deported Indian nationals. In recent years, Indian asylum seekers who have been deported to their home country have basically - apart from an intensive examination of the (replacement) travel documents and a questioning by the security authorities - to fear no problems on the part of the state. However, people wanted by the police must expect arrest and surrender to the security authorities upon entry. No information is available on government or other reception facilities for returning unaccompanied minors.

(German Foreign Office, report on the asylum and deportation-relevant situation in the Republic of India, 03.03.2014, p.

28)

II. Evaluation of evidence

The assessment of the evidence is based on the following decisive considerations:

II.1. The course of the procedure

The above procedure results from the harmless and unquestionable file content of the submitted administrative files of the Federal Asylum Office and the court file of the Asylum Court or the BVwG.

II.2. The person and the submission of the complaining party

1. Insofar as determinations of identity (name, date of birth and place of birth) were made in the present case, these are based on the information provided by the BF in the hearing before the BVwG and the content of the documents submitted by him in copy.

The name given was quite sufficient for individualization in the process.

The findings on nationality, ethnic group and religious affiliation and the living conditions of the BF in the country of origin and in Austria are based on the credible information in this regard in the proceedings before the BAA, in the complaint and in the negotiation before the BVwG as well as on the knowledge and Use of the Punjabi and Hindi languages.

The fact that it could be established that the BF has a basic knowledge of the German language results from the negotiation before the BVwG.

2. The determinations of the BF's travel route to Austria and his whereabouts up to the asylum application result from his information in the hearing before the BVwG and the notes of the Cypriot and Czech authorities in the submitted copy of the passport.

The finding of illegal entry into Austria is based on the fact that the BF entered Austria without the necessary documents in circumventing the regulations governing entry.

3. The BVwG considers the arguments of the BF on the reasons for leaving the country of origin and on the fear of persecution in the event of return to the country of origin, which is evident from his information in the initial survey and in the interviews before the BAA, from the statements in of the complaint as well as from the information in the oral hearing on November 17, 2015, for the following considerations as not credible:

3.1. In the first survey on March 29, 2011, the BF stated that it was called XXXX and that it was born on XXXX in the village XXXX, District XXXX, Punjab, or that it was also a resident there. He would have flown from Delhi to Moscow on October 10, 2010, where he would have stayed in a tug lodge until February 12, 2011. Then he would have got from there to Austria via Ukraine and Slovakia. His mother was still living in his home country, and his father died in 2010.

When asked about the reason for his departure from India, the BF stated that his village was right on the Pakistani border. Again and again terrorists would have come by at home and given them food. In August 2010, the Indian police would have come and took the father for questioning. The father would have been asked about the terrorists and would have given their names. On August 10, 2010, the terrorists would have come by again and shot the father. At that time, the BF would not have been at home, but with a friend in the village. However, the terrorists said to the mother that they would also kill the BF. For this reason, the mother would have decided to send the BF abroad. The names of the terrorists would have been XXXX and XXXX. His mother would have told him that.

In the interrogation before the BAA on April 5, 2011, the BF stated that he had his own passport, issued in 2008 in Amritsar. However, the tug would have taken it from him and not given it back. He left his home village on October 5th, 2010 and went to Delhi. From there he would have flown to Moscow on October 10, 2010.

The last time he phoned his mother from Moscow, she said he shouldn't return because people were still looking for him. In India he only has his mother, his parents' siblings have already died. His cousins ​​would all live in America.

The BF also submitted (excerpt from the interrogation protocol, spelling mistake corrected):

"Question: For what reasons - please give details of all the events that led to them under the description - did you leave your home country?

Answer: My home village is on the border. Terrorists kept coming to our home and let my father feed them. I was still little then. But my father and the terrorists slowly knew each other. It went on for seven to eight months before someone told us that terrorists would come to our home. That's why the police took my father away. The police beat my father to make him confess something. But my father didn't reveal anything about the terrorists because they sometimes left us money. The police took my father two or three times. The police wanted to know his name. But the terrorists had threatened that if he said names they would kill him. Then my father was released and allowed to go home. The terrorists came back to us after two to three days. My father asked her not to come because he was beaten up by the police. The terrorists agreed and came back to us anyway. Somebody from the village passed it on. The police came afterwards and took my father away again.He was beaten so badly that he disclosed the names of the terrorists to the police. The police then said that he could go and that there would be no more problems because he confessed to everything. After three days, the terrorists came to us. I was not at home. You murdered my father. They then told my mother that they would kill me too. I was with my friend in XXXX that day. I went to school there. I went back to the village. There was my father's cremation ceremony there. My mother then explained to me that I had to leave the village. I then went into hiding with a friend. My mother then spoke to a smuggler to take me to Austria via Moscow. Then I left India.

Question: Are these all the reasons you left India?

Answer: yes.

Question: Did you have enough time to state all the reasons for leaving your home country?

Answer: yes.

Question: Is that all you can say on your own accord about the events that would have caused you to leave your home state?

Answer: I called my mother from Moscow. She told me the terrorists were back to look for me. The police are not helping us on this matter.

Question: Have you ever had specific problems with the authorities there or with the bodies working for them in your home country?

Answer: no.

Question: Have you ever had specific problems in your home country because of your political convictions, religious practice or membership of an ethnic group?

Answer: I am a lower caste Adharmi. That's why I was harassed by the Jat over and over again.

Question: How were you harassed?

Answer: When the guru was murdered here, there were big problems in Punjab.

Repetition of the last question: Answer: I took part in demonstrations. Then the others came with sabers and there were arguments.

Question: Are there still boxes in India?

Answer: yes.

Question: How does it come that there are still castes in India, although, as is well known, the caste system was abolished and banned a long time ago?

Answer: The attack in Austria has to do with the caste system. There have therefore been many problems in Punjab. Our guru who was murdered here was called XXXX.

Question: Because of these circumstances, are you in a worse position than other people in a similar situation?

Answer: I had problems because of my father, so I left India.

Question: Were you in any way politically active or a member of a political party in India?

Answer: no.

Question: Did you belong to a banned organization in your home state?

Answer: no.

Question: Have you committed criminal acts yourself in your home country?

Answer: I knew the names of the terrorists from my mother. But I did not pass them on to the police.

Question: Has there been a lawsuit against you in your home state?

Answer: no.

Question: What do you fear if you return to your home country?

Answer: I am afraid of being killed by the terrorists because I know or would recognize them.

Question: Does your mother have any problems?

Answer: My mother was beaten up by the terrorists. The terrorists told her that you had to live alone, that would be your punishment.

Question: When were you and your parents first visited by the terrorists?

Answer: About two years ago.

Question: How do you know that people who visit someone are terrorists?

Answer: They had guns and were hooded. They said we shouldn't tell anyone that they were here. They were also dressed differently and spoke differently.

Question: When was the last time the terrorists came to you?

Answer: August 9th, 2010. That day my father was murdered.

Question: How many times have the terrorists come to your family altogether?

Answer: Seven to eight times.

Question: Where did the terrorists come to you from?

Answer: From Pakistan. You have crossed the border. It is common for many people to cross the border because they own land in Pakistan or, conversely, in India. Question.

Question: Are there no controls in the border area?

Answer: Yes. Fake identity cards are common there.

Question: What language did the terrorists speak?

Answer: Punjabi.

Request: Please give the exact address of your home town.

Answer: XXXX, District XXXX, Punjab.

Note: During the interrogation, a situation map of 'XXXX' is called up on the Internet under the link mentioned below and a printout is attached to the file. The hometown 'XXXX' mentioned by the AW is not on the map.

Question: Where is XXXX as seen from XXXX?

Answer: In the direction of the border a little north.

Question: Is there a road there that leads to Pakistan?

Answer: Yes, there is a road from Atarri (note: AW used this spelling himself) directly to Pakistan to the Waga (phonetically) border.

Question: Is there a major road north of XXXX that leads from Indian Punjab to that of Pakistan?

Answer: There is only Waga (phonetically) street.

Question: Does the name XXXX mean anything to you?

Answer: no.

Question: How many people were there in each group of terrorists that came to your home?

Answer: Sometimes three and then four to five.

Question: What terrorist group do the people who came to your home belong to?

Answer: I don't know.

Question: What names do you know of the terrorists you visited at home?

Answer: My mother told me: XXXX.

Question: Is there only one person in Pakistan whose first name is XXXX?

Answer: I don't know. There can be several. My mother said that this is how they called each other when they talked to each other.

Question: What do Pakistani terrorists want in India?

Answer: There are sometimes bombings and robberies. Banks were also robbed in Punjab.

Question: The assassinations and assaults you mentioned are all carried out by Pakistani terrorists?

Answer: Sometimes it was Pakistani. I read that in the newspaper.

Caution: During your interrogation, you yourself submitted that the name of the city of the post office responsible for Rania would be spelled with a double 'rr' in the spelling 'Atarri'. On the map, however, this is only written with an 'r', namely 'Atari'. What do you think?

Answer: I don't speak English very well. I just know how to write it in Punjabi. There you only write it with an 'r'.

Caution: There is no village with the name Rania in the vicinity of Atari on the map. Places with this designation exist only in the area of ​​Ludhiana and in the state of Haryana in the area of ​​XXXX. What do you think?

Answer: You certainly write it that way. The village is very big. This is sure to be there. The other villages in the vicinity, they are large, are called XXXX and XXXX.

Question: How many inhabitants do the villages have?

Answer: Ours has 70 houses, XXXX is bigger and XXXX is smaller.

Question: How far is Atari from your home village?

Answer: Two kilometers.

Caution: The villages near you named Rajatal and Kaunke are not shown on the map. Likewise, your home town of XXXX is not shown as such about 2.5 km north of XXXX. What do you think?

Answer: I don't know.

Question: Can you certify what you said today?

Answer: I can only get my father's death certificate. But only when I have contact with my mother.

Question: When did your father die?

Answer: August 10, 2010.

Question: Is the cause of death officially stated in Indian death certificates?

Answer: no.

Question: By presenting the death certificate, can you certify the alleged death threats made against you?

Answer: These people killed my father. That proves you can kill me too. "

Finally, the BF was informed of country findings on India and asked to submit a statement. The BF stated that it did not want to comment on this. He could not have settled in any other region of India as he was afraid of being found.

3.2. In the disputed decision, the authority in question essentially justified its dismissal decision by stating that the BF presented a threat which had to be denied credibility and therefore did not credibly bring forward any incident that triggered escape. Persecution relevant to asylum for reasons of race, religion, nationality, belonging to a certain social group or political convictions could not be ascertained. Due to the fact that the BF would have remained implausible and contradictory in his statements and would have increased his submissions, there is no evidence in these statements that would lead to the assumption that the BF had described true experiences. Taking into account all known circumstances, it could not be established that the BF would be exposed to a real risk of death, inhuman or degrading punishment or treatment or the risk of torture, or that his right to life would be at risk if he returned to India If the BF were to be returned to India as a civilian, it would not and would not pose any serious threat to his life or his integrity as a result of indiscriminate violence in the context of an international or domestic conflict. The BF is a young, healthy and able-bodied man who can reasonably be expected to take up work in the event of his return. Nor could it be established that the BF would find himself in an emergency in India that threatened his existence. There would be no obstacles to the deportation of the BF given the short duration of his stay in the federal territory and the complete lack of family or private points of contact.

3.3. In the complaint, the BF submitted that the murder of his father would have been a decisive event, which is why he could not have reported about it in detail. Furthermore, he would not have increased his arguments - as stated in the decision - since he had expressly stated that his membership of a lower caste was not his reason for fleeing. His descriptions are plausible and would be consistent with the general situation in the country of origin.

3.4. In the continued oral hearing on November 17, 2015, the BF stated in response to a judicial questioning that he was Ravidazi (also Ravidasi) and that he referred to himself as XXXX. These are people who deal with leather processing. He also does not call himself a Sikh or Hindu, since the Ravidasi have their own religion. He attended school for twelve years and then worked as an unskilled worker in agriculture.

The BF also stated (excerpt from the negotiating document):

"RI [Judge]: You specified a different name and year of birth when you submitted your application, when you were questioned before the BAA and in your complaint. On March 19, 2015, you presented a copy of your Indian passport, which resulted in different identity data Why did you only reveal your true identity in 2015?

BF: The mistake happened because XXXX is my real family name. XXXX is a middle name. The surname XXXX is not listed in my passport.

RI: That means that in front of the authorities in your country of origin your name is XXXX and not XXXX?

BF: Yeah.

RI: The copy provided shows that the passport was issued on 08/22/2005 and therefore already existed when you submitted your application. The birth certificate you submitted also shows that your name is XXXX and that you were born in the year XXXX. Why did you give a different name and date of birth?

BF: I wasn't sure what the name was in my documents.

RI: Where is that passport located?

BF: The original is at home.

RI: Are you or have you been a member of a political party or other politically active movement or group?

BF: No.

RI: Have you ever had problems with the Indian authorities because you call yourself RAVIDAZI?

BF: Yeah.

RI: What problems did you have?

BF: I am discriminated against by the state.

RI: You were allowed to attend and graduate school in India, you were issued a passport and a birth certificate. To what extent do you feel discriminated against by the state?

BF: I had the birth certificate issued to me later.

RI repeats the question.

BF: Because the state usually employs the Hindus and not the people who belong to my caste, who are also well qualified.

RI: When was the last time you left your country of origin?

BF: In July 2007.

RI: Why do you know that so well?

BF: Because I can remember exactly, I haven't been to India since.

RI: Which country did you go to in July 2007?

BF: To Cyprus.

RI: You submitted the application in Germany on March 29, 2011. Where were you from July 2007 until you submitted your application?

BF: I've been in Cyprus the whole time.

RI: Did you work there?

BF: I studied there.

RI: What did you study?

BF: I got an advanced diploma in food technology in Cyprus.

RI: Was that why you left India to study in Cyprus?

BF: Yes, I left India because of my studies.

RI: Why didn't you study in India?

BF: Because I graduated from school in India in 2005 and couldn't get a place in India.

RI: How did you finance your departure from India?

BF: My parents financed that. My mother financed it. My father was already dead.

RI: When did your father die?

BF: In 2004.

RI: What did he die of?

BF: He was murdered.

RI: Who murdered him and for what reason?

BF: My father lived in XXXX. He got into an argument with unknown people who had crossed the Pakistani border and was murdered by them.

RI: You said unknown people. So you don't know who is responsible for your father's death?

BF: I don't know the people.

RI: Where did you live back then, in 2004?

BF: Our family lived in XXXX at the time, including me. We moved later.

RI: Where did you move to?

BF: I then went abroad and my family, consisting of mother and siblings, moved to XXXX, the village XXXX. We come from there and have moved to XXXX with my father and have returned.

RI: What did your father do for a living?

BF: He was a farmer.

RI: Did he have lots of his own?

BF: He had his own small farm, two to three hectares.

RI: Do you know why your father got into an argument with the strangers?

BF: Because these people kept coming across the border and my father wanted to inform the police about it.

RI: Do you know why these people kept coming over the border?

BF: I'm not sure. My mother said that these people smuggled drugs.

RI: You stated that your father wanted to inform the police. Did he do that?

BF: No. Before he could do that, he was murdered.

RI: That means your father had no contact with the police?

BF: No.

RI: What you are saying today contradicts what you have said so far in essential points. Both in terms of time and the reason for your departure and the death of your father. So far you have stated that your father was murdered by terrorists in August 2010 for telling the police the names of the terrorists. What do you think?

BF: I also said at the time that I left India in 2007 and my father was murdered in 2004.

On the current situation in Austria:

RI: Do you have family members or relatives living in Austria?

BF: No.

RI: Do you live here in Austria in a civil partnership, with a life partner?

BF: No, I only have good friends here.

RI requests D not to translate the following questions.

RI: Do you speak German? So far, have you been able to understand me without a translation by the interpreter?

BF: Yeah.

RI: What did you eat today?

BF: Today? Breakfast, two rolls, with butter and jam.

RI: What kind of day do we have today?

BF: Please?

RI repeats the question.

BF: Tuesday.

RI: Do you work here in Austria?

BF: Yeah. I do advertising and newspaper work.

RI: Did you attend a German course?

BF: Not yet.

RI: Did you take a German exam?

BF: Not yet.

RI: How did you learn German?

BF: Because of the book I learned from there.

RI notes that the BF understood the most recently asked and untranslated questions and answered them in German.

RI: Do you have a job in Austria? Do you have a regular job?

BF: I work in XXXX and work as a self-employed person.

RI: How much do you make a month?

BF: Sometimes 800, sometimes 900 euros.

RI: Do you have your own apartment?

BF: Yes, I have a rental apartment.

RI: Do you live there alone?

BF: I live there with a friend.

RI: Do you attend certain courses, a school or a university in Austria, or are you an active member of an association? Do you have any sporting or cultural activities?

BF: I go to different events. For example, events on Rathausplatz and programs like this.

RI: You stated that you had friends. Can you say something about that?

BF: For example, work colleagues who are Austrian citizens.

RI: Have you ever been convicted of a criminal offense by a court or given a residence or return ban by an authority?

BF: No, only administrative fines.

RI: Do you still have ties to your country of origin from Austria, in particular contacts to family members, relatives, friends or other people living there? If so, what exactly does this contact look like (by phone, letter, email), or how regular is this contact?

BF: Last week on Monday I spoke to my mother on the phone.

RI: How is your mother doing?

BF: She is fine.

RI: Did you now have the opportunity to put forward everything you wanted to put forward, or is there anything to add or correct?

BF: I would like to ask you to allow me to stay here. I definitely don't want to go back to India.

RI: Why don't you want to go back to India?

BF: My sister is already married. My mother is single. I don't see a future when I go back to India. "

3.4. As can be seen from the initial questioning and the further interrogation in the proceedings before the authorities concerned, the BF had sufficient time and opportunity to explain his reasons for fleeing comprehensively and in detail and to present any evidence. In addition, the authorities concerned asked the BF several times to provide comprehensive and detailed information on reasons for fleeing and to submit any evidence, as well as being instructed about the consequences of incorrect information.

On the basis of general life experience, it can be assumed that the complaining party must in principle be able to provide comprehensive and content-related information on the specific circumstances and the reason for leaving the country of origin, especially a person who is afraid of persecution has left her country of origin, especially in her first interrogation after a specific questioning about her flight, the opportunity offered to her to explain the exact circumstances and reasons of her flight in a comprehensive and consistent manner in order to obtain the requested protection from persecution as far as possible to be able to receive quickly. It is also common experience in life that a rational person who claims to have fled their country of origin out of fear of persecution has significant events in connection with their flight that are memorized in the consciousness of that person, even after a long period of time can still provide sufficient concrete, consistent and comprehensible information.

The fact that the oral hearing before the Federal Administrative Court did not take place until November 17, 2015, and thus several years after the last interview, does not change anything, especially since even after such a period it can be expected that the BF must in principle be able to to explain again the reasons and essential circumstances for leaving the country of origin without significant contradictions.

From an overall view of the information provided by the BF in the entire procedure, however, it emerges that the flight history presented shows serious contradictions in essential points and it cannot be assumed that what the BF has described corresponds to the truth.

Already in connection with the identity of the BF, his region of origin and his travel route, the information provided by the BF on the one hand before the BAA and on the other hand in the complaint procedure before the BVwG deviate from each other, which massively affects the BF's personal credibility.

In the proceedings before the BAA, the BF stated that the name was XXXX and that he was born on XXXX. Before the BVwG, however, he presented - in March 2015, three years after his application for asylum - a copy of a passport and a birth certificate, from which it can be seen that his identity is XXXX, born on XXXX. When asked why he had given a wrong name, the BF submitted that XXXX was his family name and XXXX was a middle name, but that he was only known to the Indian authorities under the name XXXX. However, this is a protective claim by the BF, especially since this justification does not constitute an explanation for the also incorrectly stated date of birth and the BF apparently tried - for whatever reason - before the BAA to conceal his true identity.

In addition, the BF stated in front of the BAA that he was born in XXXX, District XXXX, and that he also lived there. The documents submitted later, however, indicate that the BF comes from XXXX, Jalandhar. Even before the BVwG, the BF named XXXX as the place of birth, but stated that he and his family would have moved to District XXXX after his birth. This shows again the inconsistent and contradicting submissions of the BF and the impression arises that the BF incorrectly stated XXXX in front of the BAA or XXXX in front of the BVwG as places of origin in order to provide a basis for his flight history ( Terrorists or unknown criminals from Pakistan who are said to have murdered the father).