In its decision of 30 September 2021 on the changed situation in Afghanistan following the takeover of power by the Taliban, the Constitutional Court decided that
“on the basis of the country report of 11 June 2021 printed (and dealt with) in the challenged ruling, but in particular on the basis of the “Kurzinformation der Staatendokumentation” of 19 July 2021 (and the broad media coverage available at the time of the decision of the Federal Administrative Court), at the latest as of 20 July 2021, i.e. also at the time of the challenged decision of the Federal Administrative Court, an extreme volatility of the security situation in Afghanistan had to be assumed, so that in any case a situation exists which exposes the complainant, in case of a return to Afghanistan, to a real danger of a violation of his constitutionally guaranteed rights under Art. 2 and 3 ECHR (on the significance of this circumstance for the assessment of the existence of a real danger within the meaning of Art. 2 and 3 ECHR, see e.g. VfSlg. 19.466/2011, 20.296/2018, 20.358/2019; VfGH 6.10.2020, E 2406/2020).”
(VfGH 30.09.2021, E 3445/2021-8, 4.6, https://www.ris.bka.gv.at/Dokumente/Vfgh/JFT_20210930_21E03445_00/JFT_20210930_21E03445_00.pdf