Is the UPA's claim to a surgical strike legitimate?

dish


Reasons for the decision:

I. Procedure

I.1. The complaining parties (hereinafter referred to as “bP1” to “bP5” according to the order in which they were named in the ruling) are citizens of the Republic of Armenia and, after entering Austria with Italian Schengen visas, brought them to the authorities concerned on December 6, 2014 ( subsequently “bB”) applications for international protection.

The male bP1 and the female bP2 are spouses and parents of the bP 3-5.

I.2.1. Before the organs of the public security service, BP 1 essentially submitted the following:

“My wife is seriously ill with cancer. I even had to sell my condo for your treatment. My wife was mistreated in Armenia. The thyroid gland and two tumors were removed from her. 3 tumors have unfortunately grown back. The doctors recommended that she be treated with iodine. This type of therapy does not exist in Armenia. In Russia, this treatment is only available in the city of XXXX and costs $ 6000 per unit (3 sessions). My psyche and that of my daughter XXXX suffer from it. We have strong psychological problems. "

In the event of return, BP 1 feared that BP 2 would die immediately without treatment.

I.2.2. Before the organs of the public security service, BP 2 essentially submitted the following:

“I had my thyroid gland and two malignant tumors removed in June. I was prescribed radiation, but this does not exist in Armenia. Four months ago, three more tumors were found in the neck area. My life is in danger. I urgently need professional treatment. For my operation, we first had to lend our apartment and then sell it. Despite everything, my life in Armenia cannot be saved. "

I.2.3. Before the organs of the public security service, BP 3 essentially submitted the following:

“In the first place, my mother's illness is the reason for our departure. We sold everything we had for her treatment. I studied accounting at UNI. Since we could no longer pay the tuition fees, I had to drop out of my studies. I looked for a job to help my father financially. I didn't succeed because I don't have a degree. My sister XXXX became a bed wetter for psychological reasons. She was teased at school. We have been doing very badly in Armenia recently. My mother can't get the treatment she needs, she got two more tumors. "

I.2.4. The bB carried out investigations because the information provided by the bP about the travel route was implausible and on May 21, 2015 received the information from the legal and consular department of the German embassy in Yerevan that the bP had entered the country with an Italian visa and the corresponding applications and passport copies of the can be found BP on file. The initiated Dublin proceedings remained unsuccessful.

I.2.5. The expert opinions in the approval procedure with regard to BP 1, 2 and 3 did not in themselves result in any psychological disorder, with regard to BP 2 it was stated that radioiodine therapy or subsequent control would be advisable. A report by the State Clinic dated July 22, 2015 shows that it is currently not possible to bring BP 2 to Italy.

I.2.6. On March 23, 2016, BP 1 essentially submitted the following to the authority concerned:

VP: Before 1990 I was in the former Soviet Union in some countries, after that I never went abroad.

LA: Have you had any contact with your family since you left the country?

VP: Yes. I have Skype contact with both my mother and my brother.

When asked, I state that they are being harassed because of my problems.

LA: When and how did you leave Armenia and travel to Austria?

VP: On XXXX 2014 we had the flight from XXXX via Moscow to Vienna. I left with my wife and three children.

LA: Did you leave Armenia legally with your own passport?

A: Yes. When asked, I state that I have not applied for a visa to any embassy myself. I paid money to someone and he took our passports and then gave them back.

LA: How much did it cost to leave the country?

A: 2,000 euros per person. I sold my apartment for it.

LA: Have you ever been politically active, member of a party or organization in Armenia?

A: Yes. I was politically active and a member of the Erbe party.

LA: How long have you been a member of the Erbe party?

A: Since 2013.

LA: How did you become a member of this party? How do you get membership?

A: First of all, I had to take part in the demonstrations and meetings of the party so that they could get to know me, and I also put up posters. Then I verbally expressed the wish that I would like to become a member and they registered me.

LA: Please tell me everything you know about the party legacy (date of foundation, founding members, famous party members, party goals, party programs, election results, party structure etc. etc. etc. etc.)

A: I don't know when the party was founded, but it was founded by Raffi HOVHANNISYAN who traveled to Armenia from the USA. I also don't know how many members the party has. In the presidential elections the party won with 70%, but the current president did not announce the election result and he presented himself as the winner. My problems started the moment I voted Raffi HOVAANNISYAN in the elections. I folded the ballot paper and threw it in the ballot box and from that moment my problems started. When asked, I stated that I put the ballot paper in a closed envelope and threw it into the urn. But the envelope was transparent, I suspect it was because the paper was very thin, or there was a camera and someone watched me make my choice.

LA: Is that all you claim about the party's legacy you've been like for years

2013 as a member know?

A: Yes. I do not know more.

LA: Are you wanted by the local authorities, police, court, public prosecutor's office? Do you have an arrest warrant?

On a.

LA: Have you had problems with your home authorities, police, court or public prosecutor's office?

A: Yes. I wanted to file a complaint against a doctor and this complaint was not accepted.

LA: Please provide specific information about the reporting of the complaint! When exactly and where exactly did you want to display whom?

A: It was the end of June 2014, on XXXX. I wanted to bring the report to the police station in XXXX, but the police did not accept my report after reading the name of the person reported. I wanted to show a doctor, no two doctors. I can't remember the name of the neuropathologist, the other one was XXXX (phon.)

LA: For specific information, please refer to Mr. XXXX

A: He works as a surgeon in the XXXX medical center in XXXX. Both doctors usually work in the president's wife's hospital. XXXX is also related to a member of the National Council, but I don't know with whom exactly. Everyone who heard his name advised me to stay away from this man.

LA: Why did you want to report the two doctors to the police?

A: The neuropathologist, to whom I personally paid large sums of money in cash, treated my wife for the stroke even though my wife has cancer. She had a tumor on her thyroid gland. My wife was so bad that she couldn't even walk and I had to carry her everywhere. His diagnosis was and he treated her for a stroke. The doctor may be a surgeon, but he is not an oncologist and he has no knowledge of thyroid tumors. He operated on my wife and I had to pay him 400,000 drams and more for the treatment. He said that after the operation a short treatment would be necessary to heal. Only after the operation did he tell us that he had removed the tumor and that he was not a tumor specialist and that we should take my wife to a special clinic. We went to an oncological hospital and the doctor there told us that it was a mistake to have my wife operated on by the surgeon XXXX because he is not a specialist and he told us that there was no treatment for my wife's disease in Armenia and we should therefore go to Europe. Because of these two doctors, I had great financial difficulties because I took out a loan from the bank because I didn't have enough money. As security, I have mortgaged my apartment. That's the reason for my ad because I wanted my money back. I would have even agreed to half the amount paid. These doctors have frankly told me to my face that they will not repay me and that I could turn to anyone because they are not afraid of it. I wanted to prolong my wife's life, but we got into bigger trouble.

LA: Did you contact a higher authority to file a complaint?

A: Yes. I went to the police station in XXXX, but again my complaint was not received after they read the names.

LA: Have you turned to a lawyer, complaints office?

On a. I ran out of money for it.

LA: What liabilities did you enter into with the bank? Loan amount, term, repayment modalities, etc.

A: I have no documents in this regard, I took out the loan from Convers Bank. I borrowed $ 5,000 over two years. I can no longer say how high the monthly repayment installments were.

LA: What repayment modalities did you agree with the bank?

A: Annual 17% interest.

LA: You ceded your house as security for the bank?

A: Yes.

LA: Did you repay the entire loan to the bank?

A: Yes. I have paid all my bank debts and the loan at the bank has been paid off. When asked, I state that I took out the loan at the beginning of June 2014. The money was for a second operation. On June 12th, 2014 my wife was operated on a second time. I am now correcting my information, with the second operation I made a mistake, I meant the second doctor.

LA: What operation did XXXX XXXX perform on your wife?

A: My wife had only one operation in Armenia and the thyroid gland with the two tumors was removed.

LA: Why did you want to report XXXX to the police?

A: Because he did not properly explain to my wife that she also has malignant tumors on the thyroid gland and that she operated on everything without permission or information, even though he is not an oncologist.

LA: Why did you want to report to the neuropathologist?

A: This one cheated on us too. He knew very well that my wife hadn't had a stroke. In order to earn money, he carried out therapy related to this. There was also a doctor in the neuropathologist's ordination and he made it clear that we should turn to a thyroid specialist because he was sorry for us. In the case of oncology, the examining doctor clearly stated that the surgeon should not have operated, but should have referred the patient directly to an oncology specialist.

LA: Was Austria your actual travel destination?

VP: I thought about it for a long time. Austria was our target country.

LA: Why Austria?

A: The medical level is very high and it is a safe country. Not even comparable to Germany, Austria is better.

LA: For what reason did you leave your home country? Why are you applying for asylum? Please describe this as realistic as possible, i.e. with all the details and information so that the authorities can understand your arguments! Take your time for that!

VP: In the first place it was the treatment of my wife. I was also advised that it would be better if I left Armenia. I was beaten in the street. Because of this, my daughter has psychological problems today. It was the beginning of August 2014. We were terrorized in Armenia by calling us late at night and knocking on the front door. Because of my problems, that is, because of my ad, I had to pay my eldest daughter's school fees all at once and not monthly as previously agreed. So my daughter had to quit college. That's all. I have no other reasons.

LA: Describe exactly and precisely the incident in which you were beaten. When and where and by whom exactly? What exactly happened? In detail, please!

A: It was August 2014.

request

Specific information about the event, please! What happened when and how exactly?

A: It was in the evening, near our house. I was beaten in the street by four unknown men. I called the police, they didn't even come. In the factory where I worked, in mid-August 2014, the manager of the factory called me to see me. He asked me why I am not "good". Up to this point I had no problems at all, I was always hardworking and the management was always very satisfied with me. My supervisor warned me not to interfere in anything and to keep working if I don't want anything worse to happen to me or if they have to fire me. He warned me that a piece of metal might fall on my head while at work and I would die.

LA. Why have you been beaten by the four men and threatened by your boss? Concrete and precise information, please!

A: Because I wanted to report these doctors and get my money back from them. Therefore. Otherwise there were no reasons. You have repeatedly emphasized that I belong to the Erbe party, but that the Republican Party governs Armenia, that I cannot fight against a system.

LA: You are now claiming that because of your party affiliation and because of the attempted filing of reports in connection with your wife's illness, you had problems insofar as you were beaten and threatened with death. Why didn't you already state this when you applied for asylum?

A: It may be that I was very excited and mentally battered that day.

LA: However, those actually persecuted give all the reasons that led them to leave their home country when they apply for asylum. What do you think?

A: Because my wife's health comes first for me.

LA. What injuries did you have after you were hit by the four men? Is that why you sought medical treatment?

A: I was slightly injured. I didn't have any specific injuries or breaks. I had bruises.

LA: Is that why you sought medical treatment?

A: Yes. I was at the doctor. He prescribed ointments for me to make the bruises go away. These men just wanted to intimidate me. This was just a warning, they had no intention of hurting me seriously. These men told me that day to take care of my children, it was a threat against my children.

LA: Did you contact local authorities about the physical assault and threats? Reported the attack?

A: I called the police immediately. But the police didn't come. That same day, I took a taxi to the police station so they could see me as I was. But you put me off and did nothing. There was nothing in writing, nothing was recorded.

LA: Did you contact a higher authority?

A: Yes. I also went to the public prosecutor's office, but they didn't accept my complaint either. They told me that it was not their business and that it was not their responsibility.

LA: When exactly did you contact the prosecutor?

A: Two days after the incident.

LA: When exactly?

A: If the incident was on XXXX 2014, then I was at the prosecutor's office in XXXX on XXXX 2014.

LA: Give the concrete address of the public prosecutor's office and the name of the public prosecutor!

A: It says District XXXX Public Prosecutor's Office. I can only name the street, I don't know the house number, it's XXXX street, right behind the police. The public prosecutor's office and the police are in the same building, the entrance is different. I don't know the name of the prosecutor. I didn't remember it, didn't know that I would need its name again.

LA: You were threatened and beaten by the strangers only because you tried to file a complaint against the two doctors? Is that correct?

A: Yes. Only because.

LA: Why should you have been threatened and beaten because of the complaint against the doctors? According to their own statements, the two doctors were influential and the authorities therefore did not accept the complaint. Why should you have been threatened and intimidated by thugs?

A: So that I don't try further, for example at a higher level. That I keep my hands off it.

LA: Please provide specific information about your political activities for the Erbe Party.

A: I've been there wherever the party held demonstrations or speeches. That's all.

LA: To what extent were you politically active for the party then?

A: This is an opposition party and I supported it. My problems started when they saw who I voted for in the presidential election. I was warned on election day. Two men approached me as I was about to leave the polling station. They told me that their candidate would definitely be elected and that I made a big mistake in my choice. As I was walking out of the polling station, I overheard one of them talking to someone on the phone. He asked the person on the phone if I was the person who was just walking out of the polling station. I think someone inside brought me out to the attention of those out there.

Question repetition

How were you politically active? What exactly did you do?

A: I supported the party with everything and did everything they asked me to do.

request

Concrete and precise information! What exactly did you do?

A: Take part in the demonstrations, for example, by walking to the President's seat. We have blocked Paghramyan Street to draw attention to ourselves.


Q: Specific information! When and where exactly did you take part in demonstrations? How many demonstrators were there? When did the demos take place? How exactly did you find out about it?

A: A demo in September 2014 in XXXX on Republikplatz, on Opernplatz around March 20th, 2014.

Q: Is that all you can say about it?

A: Yes. But there were more demonstrations, but I can't remember when.

LA: Were you officially a member of the party? A registered member?

A: Yes.

LA: Do you have a membership card?

A: Yes. I had one, but after I sold the apartment I had to vacate it and the ID was probably lost or thrown away.

LA: So did you state all of your reasons for applying for asylum?

VP: Those are all the reasons, I can't say more about them.

LA: What do you fear if you return to Armenia?

I am afraid for my wife's life because of her illness. She has already been operated once, on April 4th she has a second operation date. She had two iodine radiation treatments here in Austria, but these did not help. After the second operation, the irradiation is repeated. The doctors have said that based on the blood findings, she still has a long treatment ahead of her because there are still several tumors in her throat.

LA: What would have to happen so that you can return to Armenia?

A: It is difficult to answer this question. I no longer have an existence there, sold my apartment, no work. I probably won't be able to find any more either. My children will not be able to continue their education. In addition, I don't know whether or not all of my problems have become grass.

LA: Have you ever considered moving to another location in your home country to avoid the problems?

VP: XXXX is the capital and not even there is enough work. How could I have found a job in a smaller town? I didn't even have the money to have my wife treated in XXXX.

LA: Would you be threatened by the state authorities if you returned?

VP: I think so.

LA: What exactly would you threaten from government agencies?

A: In connection with the Republican Party.

LA: Request! Specific information! What exactly would you be threatened with?

A: Anything that happened to me would go on.

I.2.7. Before the authorities concerned, BP 2 essentially presented the following on the reason for fleeing on March 23, 2016:

LA: You are receiving regular medical treatment for your cancer and are taking regular medication. Can you present current medical reports

A: I have a new surgery date on April 4th, 2016 in XXXX, where I have already had an operation, and then it is planned that I will continue to be treated from May 16th, 2016. In this regard, I present a bundle of hospital and doctor's letters.

LA: Can you provide any documents?

VP: No, none. My husband presented the original marriage certificate today.

LA: What documents did you originally have and where are they currently located? Where is your passport located?

VP: I had an Armenian passport, but my husband always had it. I flew here with the passport, ever since I landed in Vienna, I don't know where my passport is.

LA: Was your husband ever active in politics, a party or an organization in Armenia?

A: Yes. He was heir to the party and kept going back there. He went to demonstrations and put up posters. He was beaten once when he was about to put up the posters. The police then beat him and he fell to the ground.

LA: How long has the husband been a member of the Erbe party?

A: I don't know for sure, but it was five or six years ago or even longer.

LA: How did your husband become a member of this party? How do you get membership? Did the husband have a membership card?

A: I don't know, just know that every time there were demos he was called.

LA: Who called your husband to the demonstrations and how did the contact take place?

A: I don't know anything about it, can't say anything about it. My husband doesn't talk much about his life outside.

LA: Please tell me everything you know about the party legacy (date of foundation, founding members, famous party members, party goals, party programs, election results, party structure etc. etc. etc. etc.)

A: I don't know anything. Just know that the Republican Party is no good. At the moment I forgot the name of the founder.

LA: Is that all you know about the party's legacy of which you claim your spouse was a member for years?

A: Yes. I do not know more. Now I remember the name of the founder, his name is Raffi HOVHANNISYAN.

LA: Is that all you know about the party?

A: Yes. I only know that Raffi HOVHANNISYAN is married to a nice, pretty woman who helps the old people.

LA: You said your husband was once beaten by the police for putting up posters. When was it?

A: It was a very long time ago, it was when he started with the party. The policeman wanted to stop him from putting up the posters.

LA: Apart from this incident, did your husband have to face any other incidents involving police officers or private individuals?

On a. Only with doctors in the course of my illness.

LA: Please tell us which incidents occurred, when, with which doctors, and why exactly! Please provide specific information!

A: Basically, I don't know much about it because my husband spared me. When I felt bad, they made the wrong diagnosis and treated me wrongly. You treated me for a stroke that I didn't have. I had abdominal surgery. We thought my symptoms were post-op, but these doctors insisted that I had a stroke and wanted a skull x-ray. Even after the X-ray, they repeated the diagnosis of a stroke. For a while I was treated in this regard. The attending doctor called me once and told me that I had nerve problems, that the problems could be because of that. But he suggested that I also have my thyroid examined. I had my thyroid checked out at the same medical center called XXXX. I was then sent to a surgeon and diagnosed with thyroid disease and advised to have urgent surgery. However, they did not tell me that they had also seen something evil. You promised me that the diagnosis would only be made after the operation. They said my thyroid had to be removed. I was then operated on in the XXXX hospital. The doctor worked in both medical center XXXX and hospital XXXX. I had an operation in XXXX because it was a little cheaper there. The operation cost around 400,000. Until I left Armenia, I didn't know I had cancer. No doctor told me. My husband already knew it from the time I was X-rayed. At the X-ray institute, an oncological hospital, they told me that I should have had an operation there too. You then advised me to do iodine therapy there. They also said that while they can have radiation therapy, they don't have an iodine irradiation system. The attending doctor said, however, that I should definitely have an iodine radiation and not a simple radiation and that I should go abroad for this reason. Then we decided to sell the apartment in order to have treatment abroad.

LA: When and by whom did you have thyroid surgery in Armenia?

A: I can't remember the doctor's name, it is on the letter from the hospital, it was on June 12, 2014, if I'm not mistaken.

LA: Are your children healthy?

A: My son is healthy, my daughter XXXX, but suffers from mental health problems. She is being treated by a psychologist and also takes medication.

LA: Since when does your daughter XXXX have psychological problems?

A: My husband was beaten once in the street and when he got home XXXX opened the door for him and saw him in very bad shape. She has had anxiety and mental health problems ever since. In addition, because of my illness, that also puts a mental strain on her. My daughter also injured herself on the poor in Austria. My illness destroyed our family.

LA: When was your husband beaten up on the street? By whom and when exactly and why?

A: It could have been August or September 2014 and the children were still off school.

LA. What do you know about the incident? Why was your husband beaten in the street and by whom?

A: He didn't tell me much, he wanted to spare me as always.

LA: You said your husband came home in such bad shape that even your daughter is still having mental health problems today. What injuries did your husband have?

A: He was bleeding from his nose and mouth. XXXX is very afraid of blood. The shirt was torn in the shoulder area. I can’t remember any more.

LA: Do you already speak German?

VP: No.

LA: Was Austria your actual travel destination?

VP: Basically we didn't know the countries, but we were told that my treatment would best be carried out in Germany or Austria.

LA: For what reason did you leave your home country? Why are you applying for asylum? Please describe this as realistic as possible, i.e. with all the details and information so that the authorities can understand your arguments! Take your time for that!

VP: Because of my treatment and illness. They molested my husband there too. All of our money went to the treatment and the doctors. They did not help me and betrayed me. In Austria the doctors are trying, in Armenia the doctors have advised us not to spend any more money on me because I would die anyway.

LA: Which doctors advised not to spend any more money on their health?

A: Both the doctor who operated on me and at the X-ray institute they told me that. When it came to oncology, they told me there was a possibility and that would be abroad. Even if the treatment is not curative, it is life-extending.

LA: Please give the names of the doctors treating you!

A: One is the one who is in the hospital's letter, the other I don't know. I don't know the names of the doctors in Austria either.

LA: The doctors who perform the operations are known by name, right?

A: I don't know, all I can say is that it was a doctor and not a doctor.

LA: Have you or your husband or family members ever had personal problems with the doctors treating you?

A: My husband wanted the money back, half the amount he paid. The oncology department wanted me to have radiation therapy so that my condition would improve a little so that I could travel to Europe. But that would have cost money again, we ran out of money. For this reason, my husband wanted some of the money back from the doctors, who sometimes treated me wrongly. But after he didn't manage to do that, I had to start the trip without any preparatory therapy.

LA: Have you ever faced any personal persecution in your home country in connection with your illness and treatment?

A: Personally, I don't. I only got calls. They threatened me on the phone that we should let the matter rest, otherwise something could happen to me or my husband.

LA: Has your husband ever faced any personal persecution in his home country in connection with your illness and treatment?

A: He was hit once. This was one of the reasons why he was harassed once in the factory and asked to leave work. He was afraid for his life because he worked in a metalworking shop and so he quit himself out of fear.

LA: When did your husband quit his job?

A: October or November 2014, I'm not sure.

LA: Specific details of the threats against you, please. When exactly, who exactly and how often were they threatened by whom?

A: Basically by phone. When my husband was working the night shift, there was a knock on the door a couple of times, three or four times, but we weren't open. There were two or three calls. My husband then took us to see my father in the village because Ellen was psychologically unable to deal with this situation.


LA. Specific information about the calls. Who were the callers, what was the content of the call, when were these calls.

A: You didn't introduce yourself on the phone. I was told to tell my husband to be good. That he shouldn't try to report anyone. By chance something could fall on his head and the children will not be able to come home from school. My daughter went to university, we always paid the tuition fee in monthly installments and suddenly they wanted to have the annual fee all at once. We couldn't pay the money, so she had to drop out of college.

LA: You are now claiming that you had problems with your wife's illness in that you were beaten and threatened with death. Why didn't you already state this when you applied for asylum?

A: We left because of my illness and not because of problems related to the illness, the main reason was and is the treatment I can get here. Without my illness we would have no financial problems, none with doctors or the police. Before my illness, we never had any problems with government institutions.

The problems with my husband's party affiliation were not such that we had to leave the country because of that, my illness and the problems we got through my illness were decisive.

LA. Have you ever turned to your home security authorities for protection and help because of the threatening phone calls and the problems with the doctors?

A: Yes. We went to the police once. The police said that if someone calls us again and someone is at the door, we should call and they will come immediately. After just knocking on the door and they ran away, we didn't call the police because we didn't have any solid evidence.

LA: When and with whom did you contact the police?

A: I wasn't with the police, I meant my husband by that, I can't say when that was exactly. I was in bed the whole time, I felt very bad in Armenia. I often feel sick and dizzy, and my oldest daughter even takes me to the bathroom.

LA: So did you state all of your reasons for applying for asylum?

VP: Those are all the reasons, I can't say more about them.

LA: What do you fear if you return to Armenia?

I dont know. I cannot be treated there, and then soon die, my children remain homeless and without a family.

LA: What would have to happen so that you can return to Armenia?

A: If my life could be extended and we have a roof over our heads at home. I feel a bit better here in terms of health.

LA: In the event of a return, you would have the opportunity to find accommodation and support from your family or your spouse's family until you have secured your own livelihood. What do you think?

A: My brother-in-law and his family live with my mother-in-law and my sister and her family live with my father. Now my father has brought a woman into the house, at the moment not even my sister can live with my father anymore.

After the translation has been completed, the CP now states as follows:

My daughter XXXX has psychological problems and injured herself on her forearms about two months ago. We saw her arms by chance a few days later. We have informed her psychologist about it and she will send her to the psychiatry in Baden and the scars are still visible today.

I.2.8. Before the authorities concerned, BP 3 essentially presented the following on 23.03.2016 regarding the reason for fleeing:

LA: For what reason did you leave your home country? Why are you applying for asylum? Please describe this as realistic as possible, i.e. with all the details and information so that the authorities can understand your arguments! Take your time for that!

VP: I don't have my own reasons to flee. I left Armenia solely because of my mother's illness for the purpose of her treatment. There is also a reason about my father, during my mother's illness the doctors treated her wrongly and my father filed a complaint against the doctors and he has been harassed since then. That's all.

LA: Have you now given all the reasons for your departure?

A: Yes. That's all.

LA: What do you know about your father's harassment?

A: We got calls all the time. We could tell from my father's face that something was wrong. My father always advised us not to answer the phone. Very often they came at night and knocked on our door. My father never allowed us to open the door.

LA: Give specific and precise information about what happened.

A: At first I didn't even know who these calls or the people knocked on our door were. But I told my father that I want to know everything and if he doesn't tell me I'll answer the phone and open the door. He told me that he filed a complaint against the doctors who mistreated my mother because those doctors were Republican Party doctors. He has also heard that the doctor is a relative of a powerful figure and that he must not take action against him. That's all. One more thing ... once my father came home, he felt very bad because he was beaten, I saw blood on his face. At first he didn't want to tell us anything, but then he told us that those were the people who wanted to force him to withdraw the complaint. That's all.

Q: Post the names of the doctors your father has reported.

A: I can't say the name or the time. My father only told me afterwards that he had written an advertisement.

Q: Is that all you know about it?

A: Yes. That's all. I do not know more.

LA: Have you or your parents ever, because of the calls and the strangers,

who knocked on the door and then disappeared, ever for protection and help

domestic security authorities turned to?

A: Personally, I haven't done anything about it.

LA: your parents? Is that why your parents turned to local authorities?

A: I don't know.

LA: Did you contact a complaints office or something similar about paying the tuition fee?

A: My father and I went to the principal's office, my father said that he had signed a contract that he could pay the fee in installments. The rector said, however, that he will tear up the contract immediately and throw it away and that there will be no more contract.

LA: In the case of an installment agreement, the person obliged to pay will at least receive a copy of the original contract or a copy. What do you think?

A: Yes. That's right, but the rector took the copy that we presented to him to make it clear that we had a contract and put it in his drawer.

LA: So did you state all of your reasons for applying for asylum?

VP: Those are all reasons, that's all I have to say.

LA: What do you fear if you return to Armenia?

A: We will be on the street because we no longer have a home and my mother will not be able to be treated.

LA: When did you and your family make the decision to leave the country?

A: I don't know when my family made the decision, my parents only informed me two days before leaving.


LA: Did you live in the same household with your parents and siblings?

A: After the apartment was sold, not anymore.

LA: Where did you live after that?

A: My sister and I with my paternal grandmother, my parents and my brother with my maternal grandfather. Sometimes we visited each other.

LA: When did the father sell the apartment?

A: I don't know anymore….

LA: You need to know when you lost your home?

A: I think it was November 2014. I don't really know.

LA: What would have to happen so that you can return to Armenia?

A: When my mother gets well again.

LA: How do you imagine your future stay in Austria?

A: I would like to study psychology and then work in the camp here in Traiskirchen.

LA: What speaks against your return to Armenia? You have family members (grandparents, aunties and uncles with whom you lived before you left the country) and it can therefore be assumed that you will have accommodation and support until you can secure your own livelihood.

A: First of all, you don't have a place for me, you would never take me in, it was only for a short time and for a limited period. I also look after my mother here. She can't do it without me or my care.


LA: Do you have friends in Austria?

A: I have no friends in Austria. I got to know some Austrians during the children's program and the community events. We don't visit each other, but we are in contact via Facebook.


LA: Are you a member of a club, an organization in Germany?

On a.

LA: What do you plan to do if the Austrian authorities ask you to return to your home country?

VP: A tough question. I definitely don't want to leave my mother alone. But I don't know what I would do in such a case.

LA: Would you like to provide more information? Were you able to present everything fully about the procedure and are there any objections to the questioning?

VP: I don't want to give any further information. I was able to present everything comprehensively. I have no objections. I had ample opportunity to state all my reasons and have now said everything.

I.2.9. bP3 - bP5 cited the parents' reasons and the common family group. The parents did not claim any reasons for fleeing for the minor BP 5.

I.2.10. The following was presented to the BFA by the BP:

 Armenian birth certificates from the BP

 Armenian marriage certificate bP 1 and 2

 Report on thyroid carcinoma follow-up care from Landesklinikum XXXX, issued on 05.02.2016 for BP 2

 Information letter on the planned surgery date in April 2016 from the Landesklinikum XXXX, issued on February 25, 2016 for BP 2

 Discharge letter from the State Clinic including appointments for diagnostic iodine full-body scintigraphy, issued on April 6, 2016 for BP 2

 Letter from the Armenian Ministry of Health confirming that “no treatment with radioactive iodine” is available in Armenia, including a German translation, issued on XXXX 2016

 Report on thyroid carcinoma follow-up care from the State Hospital, issued on September 23, 2016 for BP 2

 Doctor's letter from Dr med. XXXX, General Practitioner, to confirm the 3-month medical check-up after thyroid cancer and thyroid removal, issued on 12.12.2016 for BP 2

 Confirmation of regular participation in the German courses offered by the GAiN-Austria association of BP 3 and irregular participation in the German courses offered by the GAiN-Austria association of BP 1

 German course confirmation and letter of support for bP 3 from the Startklar association (integration association in the bP's municipality of residence)

 Doctor's letter regarding BP 4, issued by XXXX, FA for Child and Adolescent Psychiatry, on 02/09/2017; Diagnosis: enuresis (bed wetting), somatoform (psychosomatic) pain disorder, sleep disorder, depressive episodes

 Doctor's letter regarding BP 4, issued by XXXX, FA for Child and Adolescent Psychiatry, on 02/09/2016; Diagnosis: enuresis (bedwetting), somatoform (psychosomatic) pain disorder, sleep disorder

 Doctor's letter from the family doctor regarding BP 4

 6 private letters of support for the whole family

 School attendance confirmation from the BP 4

 Confirmation of participation in CP 4 in a faith course

In addition, the bB submitted copies of the Armenian passports of the BP as well as the Italian Schengen visa contained therein, issued on XXXX 2014 in each case in copies and various inquiries about treatment options (in particular one specifically the treatment options for thyroid cancer and child psychological care from December 30, 2016 and December 16, 2011 ) in Armenia.

I.3. The applications of the bP for international protection were consequently rejected with the decisions of the bB mentioned in the ruling in accordance with § 3 Paragraph 1 AsylG 2005 and the status of a person entitled to asylum was not granted (ruling point I.). According to § 8 Abs 1 Z 1 AsylG, the status of beneficiary of subsidiary protection in relation to the country of origin Armenia was not granted (point II.) A residence permit for reasons worthy of consideration in accordance with Section 57 was not granted. Pursuant to Section 10 (1) AsylG in conjunction with Section 9 BFA-VG, a return decision was issued against the bP in accordance with Section 52 (2) 2 FPG and it was determined in accordance with Section 52 (9) FPG that deportation to Armenia was permissible in accordance with Section 46 FPG .

A period of 14 days for voluntary departure was granted.

A decision with the same content was issued with regard to all bPs, which is why the title of the family procedure in accordance with Section 34 AsylG also did not result in a different decision.

I.3.1. In the context of the assessment of the evidence, the bB did not consider the submission of BP 1 with regard to the existence of a current risk of persecution to be credible and stated the following (reproduction from the contested decision with regard to BP1):

Your information on the reasons for fleeing were raised as the subject of this notification.

It corresponds to the constant case law of the Administrative Court if reasons that led to leaving the home country or country of origin are generally not regarded as credible if the asylum seeker, in his opinion, gives rise to asylum-related facts in the course of the proceedings - written interrogations - differently or is even contradictory if his statements do not seem to be compatible with the course of events corresponding to experience or with actual circumstances or events and therefore appear improbable or if he does not present relevant facts until very late in the course of the asylum procedure (VwGH 6.3.1996, 95/20/0650 ).

As part of your first survey on December 6, 2014, when asked about your reason for fleeing, you said that you had left your home because of your wife's cancer in order to provide her with better follow-up treatment.

This part of your argument is believed to be true and will be used as a basis for the legal assessment.

In the course of your interrogation on March 23, 2016, contrary to your previous statements, you stated that you had left Armenia because you had been beaten up and threatened due to your membership in the opposition party “Erbe” and an attempted report against your wife's doctors.

You have not been able to make this part of your argument credible, the threat scenario you alleged is implausible.

In this regard, it should first of all be emphasized that neither you nor your wife or your two daughters XXXX and XXXX even mentioned the threat to you in the course of the initial surveys, let alone explicitly mentioned the reason for fleeing - as can be seen from the files of your family members.

You yourself explained this fact in the course of your interrogation on March 23, 2016 by saying that you would have been excited and that your spouse's state of health would have been your top priority (cf. EV protocol of March 23, 2016, p. 12). Why you did not mention an assault on your person, for which the state of health of your wife should also have been directly decisive, you were unable to explain in a comprehensible way.

Specifically, your problems in Armenia consisted in the fact that you received a call at night from the beginning of August 2014 and someone knocked on your front door. One evening in August 2014, you were beaten up in the street near your home by four men you did not know. In mid-August 2014 you would also have been called by your supervisor in the factory in which you worked from 2008 onwards and asked to “not interfere”. (cf. EV minutes of 23.03.16, p. 11) Both the four men and their superior repeatedly emphasized that they belong to the “Erbe” party, but that Armenia would be governed by the republican party. You were unable to provide more detailed information on the incidents mentioned. (see EV protocol of 23.03.16, p. 12)

When asked what injuries you sustained from assaulting the four men who allegedly "beat" you, you said you were only slightly injured. There would have been no concrete injuries at all, you would only have sustained bruises (see EV protocol of 23.03.16, p. 12).

However, your daughter XXXX stated as follows in your interview on March 23, 2016:

LA: Please describe your father's problems, concretely and in detail.

A: We received calls at home. You knocked on the door and then they left. Once my father came home in bad shape. I opened the door for him. His shirt was torn and he was bleeding from his nose and mouth, I was very scared. Since then, I have been bedwetting because I was in great shock and was scared.

(see EV protocol XXXX, from 23.03.16, p. 5)

Her daughter XXXX commented again as follows in her interrogation on March 23, 2016:

LA: Give specific and precise information about what happened.

A: At first I didn't even know who these calls or the people knocked on our door were. But I told my father that I want to know everything and if he doesn't tell me I'll answer the phone and open the door. He told me that he filed a complaint against the doctors who mistreated my mother because those doctors were Republican Party doctors. He has also heard that the doctor is a relative of a powerful figure and that he must not take action against him. That's all. One more thing ... once my father came home, he felt very bad because he was beaten, I saw blood on his face. At first he didn't want to tell us anything, but then he told us that those were the people who wanted to force him to withdraw the complaint. That's all.

Q: Post the names of the doctors your father has reported.

A: I can neither give the name nor the time. My father only told me afterwards that he had written an advertisement.

(see EV protocol XXXX, from 23.03.16, p. 6)

Why you and your daughters represent the degree of your injuries so differently ("bruises" vs. "blood from nose and mouth"), if you are truthful, is incomprehensible.

Although your daughter XXXX XXXX submitted documents from XXXX, FA for child and adolescent psychiatry, as also stated by the latter, suffers from bedwetting, the doctor brings your daughter's state of health in direct connection with the worries of your daughter due to the cancer of your wife (cf. Doctor's letters regarding XXXX, from 02/09/2016 and 02/09/2017).

You yourself claimed that your daughter had your mental health problems from the time you tried to file a complaint. Why you should have told your then 14-year-old daughter XXXX about the advertisement earlier than your daughter XXXX, who is 5 years older, is incomprehensible.

Your daughter XXXX hesitated when mentioning the alleged assault on you. When asked for specific details, she was unable to provide any information.

With regard to possible threat scenarios, you also stated that your mother and brother in Armenia would now be harassed because of your problems (cf. EV protocol of 23.03.16, p. 5). Although your wife and children are also in contact with these relatives, she did not mention this fact (see EV protocol XXXX).

You justified the threat to your person in various ways during your interrogation on March 23, 2016.

On the one hand, you stated that in the last “presidential election” in Armenia, due to your membership in the opposition party “Erbe” since 2013, you had chosen the candidate Raffi HOVAANNISYAN, which started your problems (cf. EV minutes of 23.03. 16, p. 6).

However, this presentation of the events raises the question of which election you are actually talking about, especially since the last parliamentary elections in Armenia on April 2nd, 2017 and before that last took place in 2012. The only political event in 2014, in April, was the surprising resignation of Prime Minister Tigran Sargsyan, whereupon President Serzh Sargsyan appointed the previous Speaker of Parliament, Hovik Abrahamyan, as his successor. In the new cabinet, 12 of the 19 ministers are now independent. However, many are close to the opposition party “Blooming Armenia”. (cf. state determinations in the state documentation 2. Political situation).

The facts you presented cannot be related to this.

In addition, it should be mentioned that, when asked about the electoral process, you stated that you had thrown your ballot paper in a sealed envelope in an urn. However, since the paper would have been thin, you would assume that the envelope was transparent or that you were being watched with a camera while making the election (cf. EV protocol of 23.03.16, p. 6). These assumptions are completely unbelievable, especially since you should have clearly noticed if it was a transparent envelope.

You could not credibly explain why the Republican Party should have been interested in your participation in the elections at all. When asked about the “Erbe” party, you could only state the name of the candidate in the aforementioned presidential election. You didn't know more about them (see EV protocol of 23.03.16, p. 6). You would have become a member of the party in 2013 and would then have "supported the party in everything and done everything that was asked of you" (cf. EV minutes of 23.03.16, p.14). In concrete terms, however, you were only able to name 2 demonstrations in which you took part - one of them in March 2014, the other in September 2014 (cf. EV protocol of 23.03.16, p. 14).

Her wife, in turn, presented her party activities as follows:

LA: Was your husband ever active in politics, a party or an organization in Armenia?

A: Yes. He was heir to the party and kept going back there. He went to demonstrations and put up posters. He was beaten once when he was about to put up the posters. The police then beat him and he fell to the ground.

LA: How long has the husband been a member of the Erbe party?

A: I don't know for sure, but it was five or six years ago or even longer.

LA: How did your husband become a member of this party? How do you get membership?

Did the husband have a membership card?

A: I don't know, just know that every time there were demos he was called.

LA: Who called your husband to the demonstrations and how did the contact take place?

A: I don't know anything about it, can't say anything about it. My husband doesn't talk much about his life outside.

(cf. XXXX, from 23.03.16, pp. 5-6)

It is not that you were so involved in the activities of a party, about which you were in fact unable to provide any information, that you were threatened and attacked as a result and then, despite the attack and threats that had already taken place, you should still have taken part in a demonstration believable. Your wife's information is also extremely vague. Your information does not allow any profound involvement in any opposition party activities that could at least have resulted in political persecution.

In addition, you were able to leave Armenian territory by plane using your passport without any problems, which a person persecuted by the Armenian government would not be able to do easily.

In May 2016 they laid ho. Authorities also submit a letter from the Armenian Ministry of Health in which your father-in-law was informed "in response to your request of XXXX 2016 to the Ministry of Health of the Republic of Armenia" that "no treatment with radioactive iodine" is being carried out in the Republic of Armenia. If you feared persecution by the Armenian government, you would hardly contact the government through close family members - especially since, as already mentioned, you claimed at the beginning of your questioning that your mother and brother were being harassed because of your problems.

In the course of your interrogation on 23.03.2016, you justified the start of your problems not only with your vote in the aforementioned election, but also with the fact that your wife would have been treated incorrectly with regard to your thyroid cancer.

You had "wanted to bring a complaint against a doctor", but they did not want to receive your complaint with the police (cf. EV protocol of 23.03.16, p. 6). When asked specifically against whom and why you wanted to file a complaint, you stated that there were actually two doctors, a neuropathologist and a surgeon, but could only refer to the name of one of the doctors, the surgeon , recall.

The neuropathologist's diagnosis was "stroke" at first, which is why he treated your wife - in your opinion it was a misdiagnosis (cf. EV protocol of 23.03.16, p. 7).

During an operation, your wife was then removed by the surgeon mentioned because of a tumor formation, and she was referred to an oncological hospital for further treatment. You were told there that the surgeon who operated on was not a tumor specialist, which is why you wanted to file a complaint against him. (see EV protocol of 23.03.16, p. 7)

When asked again why you wanted to file charges against the surgeon, XXXX, you stated that he had not adequately informed you that it was a malignant tumor formation - although he decided to refer you to an oncological one for further treatment Hospitalized. He also removed the thyroid gland on his own initiative during the procedure. (cf. EV protocol of 03/23/16, p. 8) However, it is not clear from this description of the original purpose for which the surgeon operated on your wife. In the course of your interrogation on March 23, 2016, you also stated that you wanted to file a complaint in order to get back "your money" that you had paid the surgeon according to your own information for the operation.

Financial difficulties on your part may also have been the reason for the cancellation of the installment payments for your daughter's college (cf. EV protocol of 23.03.16, p.11).

That you did not turn to a lawyer or any other complaints office, for example to contact the doctor about To sue for malpractice, if any, you also declared that you could no longer have afforded this (cf. EV protocol of 23.03.16, p. 7). Shortly afterwards, however, you stated that you had taken out a loan on your apartment for the treatment costs, which you then had, however, repaid in full (cf. EV protocol of 23.03.16, p. 8). At the beginning of your interrogation, you also stated that you had sold your apartment to finance your escape (see EV protocol of 23.03.16, p. 5). Accordingly, you would have had financial opportunities if you had wanted to take legal action.

However, since you, at least as part of your administrative procedure before ho. The authorities, who have not been able to give the full name of the neuropathologist, nor have been able to explain beyond doubt what your allegation against the surgeon is, the question arises as to what extent you could have brought a complaint at all. And you only established a connection between the doctors who treated your wife and your political arguments insofar as you asserted that Chrirug was related to a member of the National Council - but which you did not know. However, everyone would have advised you to stay away from the surgeon (see EV protocol of 23.03.16, p. 7).

The question arises as to why the surgeon mentioned then operated on your wife at all and referred her to an oncology department for follow-up treatment.

It is in no way believable that you left your home because of persecution or fear of persecution. Rather, it can be assumed that you went to Austria to provide your wife with the best possible medical care, in particular iodine therapy - as recommended by Armenian doctors according to your own statements (see EV protocol of 23.03.16 , P. 7). Even if your arguments are truthful, you by no means exhausted all of your possibilities in Armenia. You could have contacted one of the numerous non-governmental organizations or the ombudsman in your home country with your problem.

You have not succeeded in making your allegations on the alleged threat situation credible and therefore the threat situation you brought up for yourself could not be established as a relevant issue.

In addition, it could not be established that your spouse or children were exposed to asylum-related acts of persecution in Armenia or that such acts are to be feared in the future, which is why these cannot be established as relevant facts for your person either.

I.3.2. With regard to the other BPs, arguments were made in the same way. In particular, the decision of BP 2 also stated:

Regarding the findings about your situation in the event of your return:

The findings on your situation in the event of your return result from your written interrogations in combination with the country findings on Armenia.

Since you are not threatened with persecution or threat in Armenia and you also have social points of contact there, you do not have to fear an existential emergency.

The social security system of Armenia can be found in the current country findings.

As far as your illness is concerned, the current state assessments and the responses to inquiries in the state documentation show that basic medical care is undoubtedly available in your home country. The Free Medical Treatment Act regulates the extent of free outpatient or inpatient treatment for certain diseases and drugs, including cancer. Recently there have been articles in the press with information about the free treatment, and more and more patients are successfully insisting on this right.

Medical facilities, treatment methods and specialists according to your clinical picture are available. Thyroid replacement therapies are also available and the drug you are currently being treated with for follow-up care is also available in Armenia.

You yourself stated that you had already received treatment in Armenia for your thyroid cancer. Although you submitted a letter from the Armenian Ministry of Health, according to which "treatments with radioactive iodine" are not carried out in Armenia, it does not appear from the letter on the one hand that this relates to the diagnostic iodine full-body scintigraphy carried out in Austria for follow-up treatment, on the other hand this has now already been carried out on you and it is also only a possible follow-up treatment method.

The current state findings also show that as a returning person, even if you have applied for asylum in another state, you will not face any problems from the authorities there after entering your home country.

I.3.3. In the notification with regard to BP 4, based on the corresponding responses to inquiries about medical treatment options, the bB stated that their treatment is possible in Armenia.

I.3.4. The authorities concerned made detailed and conclusive findings on the asylum and deportation-related situation in the Republic of Armenia. These show that the security situation in Armenia or the region of origin of the BP can be assumed to be harmless and that the Armenian state is fundamentally willing and able to effectively protect people on its territory from reprisals by third parties. With regard to the human rights situation, it can also be assumed that this results in an essentially harmless picture with regard to the BP. In addition, it can be assumed that in the Republic of Armenia the basic services of the population are guaranteed, that social security is at a low level, that basic medical care is guaranteed across the board, that returnees do not have to expect any reprisals and that they are integrated into society. The social system and health care are also accessible to returnees. In addition, there are charitable organizations in Armenia that are also accessible to returnees.

I.3.5. From a legal point of view, the authority in question stated that neither a matter to be subsumed under Art. 1 Section A No. 2 of the GKF nor under Section 8 (1) AsylG emerged. Furthermore, there were no indications of a residence permit for reasons worthy of consideration according to § 57 AsylG and the return decision does not constitute an unjustified encroachment on Art. 8 ECHR, which is why return decisions and deportations are permissible in relation to Armenia.

I.4. A complaint was lodged against the notices mentioned in the ruling within an open deadline using written pleadings that can be seen in the file.

Essentially, it was alleged that BP 1 was an active member of the opposition party heir and was therefore threatened and attacked on the street. A “medical card” from XXXX was presented as proof of this. She was also told at work that an accident at work could happen to her. In addition, the treatment of BP 2 was no longer affordable and wrong for the family. She had not succeeded in suing the doctor because there was a relationship to MPs. The BP are well integrated in Austria.

The following were submitted with the complaints by the BP:

 Confirmation of attendance at kindergarten BP 5

 School attendance confirmation BP 4

 Doctor's letter BP 4 from 02/09/2017

 Confirmation of the Philosophical-Theological University XXXX about the participation of the bP 3 in a preparatory course for the German course since October 2016 as an extraordinary student

 Letters of support from the chaplain of the home parish of the bP, the accommodation provider of the bP, refugee supervisors, friends from the church environment

 ÖSD certificate A2 of the BP 3

 Armenian letter regarding a treatment of BP 1 in Armenia, "Extract from the outpatient medical card of the adult from XXXX", bruising, concussion and injury to the right thigh due to a blow

 Doctor's letter BP 2 from December 18, 2015 and March 24, 2017

I.5. In a letter dated September 20, 2017, medical documents and documents for the integration of BP were submitted.

With a letter dated 04/07/2018, the ÖSD certificate B1 of BP 3, a report on the thyroid follow-up care of BP 2, was presented.

In a letter dated March 13, 2019, a confirmation from the Red Cross dated February 4, 2019 regarding voluntary work by BP 1 there since February 2018 in the social shop and the passed compulsory schooling exam of BP 3 was submitted.

I.6. On October 12th, 2020, the trial court invited the parties to an oral complaint hearing.

Together with the summons, findings on the asylum and deportation-relevant situation in the country of origin were sent. Likewise - in addition to or repetition of the instructions that have already taken place at the authority concerned - among other things. With regard to the obligation to participate in the procedure, the BP were asked to submit the means of certification.

The BP were once again given the opportunity to express their views on their reasons for fleeing and their integration.

The following were presented by the BP:

 Bundle of medical letters regarding BP 2, 5, 4

 Psychological report from January 14th, 2020 from XXXX regarding bP 5

 School attendance confirmation BP 5

 Documents for the disability pass of the BP 2 (60%)

 Certificate of compulsory schooling bP 3

 German certificates

 Confirmation of course attendance

 Letter of support

Country determinations and an answer to a question about the treatability of diseases of BP 2 were discussed.After the oral hearing, the decision of the BVwG was announced orally on the same day.

The complaints were dismissed as unfounded. The revision was declared inadmissible in accordance with Art. 133 para. 4 B-VG.

In accordance with Section 29 Para. 2 a VwGVG, the bPs have the right to request a copy in accordance with Section 29 Paragraph 4 within two weeks of the handing over or delivery of the minutes or that an application for a copy of the knowledge pursuant to Section 29 Par 4 is a prerequisite for the admissibility of the appeal to the Administrative Court and the appeal to the Constitutional Court.

After the findings were announced, the BP and their legally friendly representatives were given a copy of the minutes.

In a letter dated October 14, 2020, a written copy of the orally proclaimed knowledge was requested.

II. The Federal Administrative Court has considered:


1. Findings

II.1.1. The complaining parties

II.1.1.1. The BP are Armenians who belong to the majority and titular ethnicity in their country of origin, come from an area predominantly inhabited by Armenians and who profess to believe in the majority of Christianity.

The BP entered Austria by plane with an Italian Schengen Visa, valid from XXXX 2014.

After finishing school in Armenia, bP 1 trained as an electrical worker, but worked as a factory worker in a metal factory until he left the country.

The bP 2 graduated from college after attending school and worked as a kindergarten teacher for some time. Most recently she received an invalidity pension.

After finishing school, bP 3 went to college and then to university (accounting) for two years. She had to drop out of college for financial reasons.

BP 4 attended primary school in Armenia from 2006 to 2014.

The BP live in a common household.

BP1, 3 and 4 are young, healthy, able-bodied people with existing family ties in their country of origin and a secure livelihood, albeit at a lower level than in Austria.

The care and custody of the minors BP 5 is ensured by their parents.

Family members still live in Armenia. The mother of BP 1 lives with the brother of BP 1 and his family in a condominium that they own in Yerevan. The mother moves into a pension, the brother goes to work for a security service. There are also an aunt and an uncle of BP 1 living with their families in Armenia. In addition, the father and a sister of BP 2 live in Armenia. The father works as a shoemaker, the sister works as a kindergarten teacher. The BP are in regular contact with their relatives.

Before leaving the country, BP 1, 2 and 5 lived with the father of BP 2, BP 3 and 4 with the father of BP 1.

II.1.1.2. After thyroid cancer and a successful thyroid removal in Armenia in 2014, BP 2 in Austria received radio-iodine therapy for follow-up treatment in April and December 2015 and a diagnostic iodine full-body scintigraphy in May 2016 and December 2018. She was operated twice in Austria for lymph node metastases (November 2015). BP 2 is under medical supervision and the last check-up date was set for November 4, 2020. BP 2 is not acutely life-threatening. She initially received Euthyrox, currently she is being treated with Thyrex.

BP 2 also suffers from migraines, tension headaches and bulging discs. According to a medical letter dated June 12, 2019, she stopped all medication due to the mental illness on her own, as she could not have tolerated them. She takes Zomig twice a month when she has migraines. Since May 2020 she has had emgality because of migraines and paroxat because of mental illness. On October 19, 2018, the bP 2 was issued a disabled person's pass (degree of disability 60%). This is based on the bifocal papillary thyroid carcinoma identified in the report (lower frame, as there is currently no indication of recurrence in the pet scan), an adjustment disorder with a depressive episode, signs of consumption in the musculoskeletal system and migraine with aura. It was also stated in the report that the BP 2, despite the functional impairment, is likely to find a sheltered job or work in an integrative company.

In 2016, BP 4 was treated once a month by an FA for child and adolescent psychiatry because she had psychological problems and was bed wetter (diagnosis of enuresis, persistent somatoform pain disorder and sleep disorder). She received Trittico and Nocutil. In the findings of February 9th, 2016 it is stated that she is afraid of the future and of losing her sick mother. It was also recorded that bed-wetting had ceased since the start of medication and that there was no suicidal constriction. In the letter from the same specialist dated February 9, 2017, it is stated that BP 4 is depressed with massive anxiety symptoms due to her insecure situation in Austria (diagnosis: non-organic disturbance of the sleep-wake rhythm, enuresia, persistent somatoform pain disorder, severe depressive episode with psychological symptoms ). Since May 2017 she has had appointments for psychotherapy through Caritas, where an adjustment disorder with predominantly impairment of other emotions (F43.23) was diagnosed.

In the expert opinion from January 2020, a sleep disorder F51.4. diagnosed with dyslexia and astigmatism, whereby it was noted that the bP 5 is in itself a good student. Child psychotherapy was recommended for 50 hours and a follow-up appointment in one year. BP 5 has been F51.5 since October 2019 due to nightmares and generalized anxiety disorder in childhood. (Concern to be sent back to the home country) medication (fluoxetine, risperidone) in treatment and receives weekly psychotherapy at XXXX (FA for child and adolescent psychiatry). An EEG on June 4th, 2020 did not result in any increased cerebral arousal.

In 2017, femoral head necrosis was diagnosed in BP 1 and was therefore not undergoing any treatment. She has not yet undergone any specific examination or treatment for her headache.

The diseases named by the BP can be treated in Armenia and the BP also have access to the Armenian health system. Insofar as they are charged with a deductible in the event of treatment, they are free, in the event of need, to apply for the cost of the deductible to be borne by the state, which is decided by a commission set up specifically for this purpose.

The adult BPs have access to the Armenian labor market and are free to take up employment or at least casual work.

The BPs also have access to the social system of their country of origin, albeit less efficient than the Austrian one, and can make use of it.

In addition, the BP is at liberty to make use of return assistance and, in the case of need, to turn to an organization that is active in the country of origin.

II.1.1.3. The bP have been in Austria for 6 years.

The BP have no relatives in Austria and do not live with any other person close to them who is not part of the nuclear family. They obviously want to shape their future life in Austria. They left Armenia legally and entered the federal territory illegally. You do not live on basic services and have attended German courses. You are criminally innocent. BP 1-5 speak Armenian at a native level. BP 1 and 2 hardly speak German, BP 3-5 speak German well.