Current Treatment of Asylum applications from Afghan Asylum Seekers

Country	Have examinations been suspended?	Comments	Is there an increase in negative decisions?	What is the current returns policy?
Australia	No	Suspension on examining claims ended due to pressure from asylum seekers and human rights groups.	No information	Voluntary return encouraged.
Austria	Restarted January after an unofficial suspension of a few months and a temporary decision ban during October.	Austrian Asylum Board discussing situation in February. Expect that refugee status will only be granted in exceptional circumstances, non-refoulement status (Section 15 Asylum Law) likely.	In January 2002 all asylum applications were rejected at first instance, but all were granted non-refoulement status.	Unlikely to return people due to ‘no conditions to survive’.
Belgium	Yes	Commissariat-General for Refugees stopped examining claims late November 2001. Will restart once situation secure enough to reject claims.	N/A	No one being returned until no actual fear of persecution.
Bulgaria	No recent decisions made.	Government waiting for clear signs from UNHCR / international community on policy.	N/A	No definite policy, but no returns taking place at this time.
Denmark	Yes	Suspension began 12/01/02	N/A	No returns taking place.
Finland	No	Most cases receive residence permit with status A.4 (Art. 20 Section 1 Para 3 of the Aliens Act), but cases pending likely to reflect changing situation.	N/A	Helsinki Administrative Court ruled that Afghans are in need of protection.
France	No	10% increase in applications in 2001.	No information.	No information.
Germany	Unofficial suspension since November 2001.	Administrative Court now deciding if situation over and return possible.	More than 100 cases pending court decision.	No returns taking place.
Country	Have examinations been suspended?	Comments	Is there an increase in negative decisions?	What is the current returns policy?
Greece	No	No decisions made since December 2001, but no apparent modification of official position of the government.	No, refugee status was granted in December.	No returns taking place due to the application of the policy of non-refoulement.
Hungary	No	Cases considered as usual.	No information.	No information.
Ireland	No	Few requests generally received.	No information.	No returns known of.
Italy
Luxembourg	No	Few requests registered, no decisions made in 2001.	No	No returns actually foreseen.
Netherlands	Yes, 14/12/01 – 15/02/02.	New Dutch Aliens Law allows ‘decision moratorium’ for up to one year when situation in country of origin unclear. Suspension likely to continue.	N/A	No returns taking place.
Norway	No	Humanitarian residence permits likely to be granted.	No information.	No returns taking place.
Portugal	No	‘Change of Strategy’ applied, Afghanistan no longer described as an armed conflict.	Yes	Recent asylum claims returned to safe third country.
Russia	No	Presidential Decree on 14/10/01 closed the Migration Service so no claims are being considered.	No figures available.	No returns to Afghanistan at this time.
Spain	No	Must prove they are from Afghanistan not Pakistan to receive asylum or complementary protection.	No	No specific policy.
Sweden	No	Refugee or subsidiary protection status granted, so permanent or temporary residence permits given.	N/A	No returns taking place.
Switzerland	No	Refugee status and subsidiary protection usually granted.	None noted.	No returns reported.
Country	Have examinations been suspended?	Comments	Is there an increase in negative decisions?	What is the current returns policy?
UK	No	Policy is to grant four years Exceptional Leave to Remain for those who are refused asylum, but this is under review.	N/A	No returns taking place for practical reasons.