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Austria / Asylum Court / C7 412493-1/2010

Asylum seeker from India v Austria

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 entered Austria on 10.11.2009 illegally and applied for asylum the same day. He stated, that he left his country of origin legally using his passport via plane to Russia and then came to Austria. He stated, that as a follower of Ravi Dasi and because of his religious belonging he was persecuted by fundamental Sikhs and the police and fears for his life. In a later interrogation in March 2010 he stated, that he cannot provide document ans does not have family members in any other EU country. His only relative in Austria is his brother, who travelled with him. In India he worked as an electrician for three years, and then as a worker in a company for three years. He stated that he took part in demonstration after the Vienna attacks in 2009 and was taken to the police post for some times. He also received threats. After the threats he moved to his uncle to another city, where he stayed for two months, no problems appeared there. The Federal Asylum Office rejected the claim on 11 March 2010 because of non-credibility of the reasons for flight respectively non-credible danger of persecution. Expulsion to India was ordered. The asylum court considered the case and also did not find credible evidence for persecution of the claimant in his country of origin.