Austria / Administrative Court / 2012/18/0057 (a) An anonymised Turk national (b) Independent Administrative Penal (unabhängiger Verwaltungssenat) of Vienna (Wien)

Key facts of the case:

The Turk national arrived in Austria on 15 March 2002 from Turkey together with his brother and his mother. He applied for asylum on 25 March 2002. The application was dismissed in the first instance on 30 September 2002. The Turk national appealed against this decision. The decision was upheld by the Asylum Court (Asylgerichtshof) on 5 August 2011. The Independent Administrative Penal of Vienna issued the contested decision regarding the return of the Turk national in connection with a prohibition of entry for 18 months.

Paragraphs referring to EU Charter: 


Further, the Supreme Administrative Court stressed that in appeals proceedings relating to alien police generally exists a right to a public oral appellate hearing not least in the light of Article 47 para 2 of the Charter (cf the ruling of the Supreme Administrative Court of 14 June 2012, 2011/21/0278), to the extent that (as in the present case) the court acts within the meaning of Article 51 para 1 of the Charter in implementing Union law. In addition, within the scope of Article 47 para 2 of the Charter (as well as within the scope of Article 6 of the ECHR) the Court may only assume an implied waiver of the hearing in case of an unrepresented party – such as in the present case pursuant to the files – if the party was instructed about its right pursuant to § 67d Administrative Procedures Act [Allgemeines Verwaltungsverfahrensgesetz; AVG] to apply for a hearing or if there is indication that it should have known about this possibility (cf. the ruling of the Administrative Court 2011/21/0278).

Deciding body (original language):