Case summaries
Despite his family ties, the Applicant was denied an extension to his residence document as he was regarded as a threat to public order and security.
The question was what emphasis had to be placed on the Union membership of the Applicant’s spouse and child of whom they had joint custody.
The expulsion of an asylum seeker after asylum proceedings lasting approximately eight years without any culpable delay by the Applicant, during which he established a family and also integrated well in other respects, infringes his right to a private and family life.
The application by the Applicant for the assignment of a legal adviser for the appeal proceedings was rejected by the Asylum Court because it was late, as the Applicant had only submitted the application after the expiry of the one-month transition period. The Constitutional Court annulled the corresponding transitional regulation on grounds of unconstitutionality: a deadline of only one month was too short to deal with the lack of understanding of asylum seekers of the language and law.
An exclusion order was issued to the Applicant and therefore a measure within the meaning of the Returns Directive. Without undertaking an oral hearing, the appeals authority confirmed the issue of the exclusion order, but reduced its duration. In accordance with Art 47 Para. 2 of the Charter of Fundamental Rights of the European Union, the appeals authority was however obliged to undertake an oral hearing.
The third action in a row brought by a foreign woman for refugee status ended in the issue of a judgment dismissing the case as it was found that the basis for the application was the same as in the previous cases and the application was therefore inadmissible. The Court overturned the negative decision by the Polish Council for Refugees, as the new application by the foreign woman stated that she had divorced her then husband and had been in a relationship for a year with a Polish citizen, which might cause persecution on religious grounds were she to return to her country of origin.
If there is a country that meets the criteria for being a 'safe third country', an asylum application may be rejected. If the application is not rejected, the examination must take place in accordance with the asylum-seeker's application, and the applicant may not be denied leave to remain with reference to a safe third country.
The decision to expel an orphaned minor to Poland when he had a legal guardian in Austria gave rise to a real risk of a violation of Art 8 ECHR. The Asylum Court made its decision without providing clear reasons. The applicant’s family ties in the home country and in Austria must be considered, regardless of the duration of the applicant’s stay in Austria. The sovereignty clause must be applied when there is a real risk of a violation of Art 8 ECHR.
The applicant stated that he had been a member of the Taliban amongst other things. The Federal Asylum Agency (BAA) declared that the expulsion of the applicant to Afghanistan was permissible. The Asylum Court acted on the assumption of the existence of the ground for exclusion from asylum of ”Crimes against humanity“ and therefore granted neither asylum nor subsidiary protection, but revoked the expulsion to Afghanistan. The Constitutional Court allowed the appeal by the applicant against this decision as sufficient findings were not established in relation to the assumed crime against humanity.
The case concerned an applicant who was to be extradited to Rwanda to stand trial on charges of genocide. He challenged the extradition on the grounds that it would violate Articles 3 and 6 of the Convention.
Domestic protection is deemed to exist even if it is not determined in advance how effective it is.