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Austria / Asylum Court / B4 416.572-1/2010

Algerian asylum seeker v Federal Asylum Office

Policy area:
Justice, freedom and security
Deciding Body type:
National Court/Tribunal
Deciding Body:
Austria / Asylum Court
Decision date:

Key facts of the case:

The claimant, then under age, entered Austria illegally on 30 July 2009 and the very same day claimed international protection. During the first hearing at the police station Traiskirchen on 31 July 2009 he claimed, in presence of a legal adviser as legal representative, to be an Algerian citizen of Muslim belief and of Arab ethnicity. He arrived in Austria with a trafficker by truck. The claimant stated that his reason for flight was the fear of terrorism in Algeria, and that, since he was afraid of losing his life, he decided to leave his country. Legal custody was given to the province XXX until 26 November 2011 (majority age). In following interviews he defined his fear of terrorism and his fear to be taken or killed by radical Muslim organisations (Pages 1 and 2 of 18 of the judgement). The claim was rejected by the Federal Asylum Office and expulsion to Algeria was ordered. The story of his escape was perceived as not credible. The Magistrate holding legal custody appealed against this decision, because the Federal Asylum Office did not ask about the ethnic group of the claimant and did only use information on Algeria as of 2010.