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Austria / Asylum Court / C8 263654-0/2008

Asylum seeker from China v Austria

Policy area:
Justice, freedom and security
Deciding Body type:
National Court/Tribunal
Deciding Body:
Austria / Asylum Court
Type:
Decision
Decision date:
12/03/2012

Key facts of the case:

The claimant applied for asylum in June 2004. In a first interrogation in June 2004 at the Federal Asylum Office he stated to be married and father of one child. Until 2002 he worked as a construction worker in China. After that he was unemployed. He left his home with a trafficker and boarded a ship to Italy, afterwards he came to Austria by car and by walking and entered illegally on 8 June 2004. Asked on his reasons for flight, he stated that China is persecuting the Falun Gong movement. Together with others he set up a print shop and distributed leaflets for Falun Gong. After some people were arrested he decided to leave his country. His application for asylum was rejected and the expulsion to China was seen as admissible. In August 2005 the claimant filed an appeal. He was given a legal adviser, this adviser asked for a public hearing to uphold the guarantees of Art. 47 of the Charter of Fundamental Rights.