Case summaries
Austria - Administrative Court (VwGH), 16 May 2013, 2011/21/0185
Keywords:
Detention, Freedom of movement (right to)
A person in detention pending deportation has a fundamental right to receive visitors -including visits from journalists -and inhibiting this visiting right for the person in detention can be challenged by way of appeal to the Independent Administrative Senate. A journalist, on the other hand, who has been refused a visit to someone in deportation detention, does not have a right of appeal, amongst other things, because the information which could be provided by the person in deportation detentionis not publicly accessible and there is thus no state obligation under Art 10 of the European Convention on Human Rights (ECHR) to facilitate access to this information by granting a visit to the person in deportation detention.
Date of decision:
16-05-2013
Relevant International and European Legislation:
Article 7,Article 11,Article 3,Article 5,Article 8,Article 10,Article 13