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Austria / Asylum Court / C8 407012-1/2009

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:
12/09/2012

Key facts of the case:

The claimant, a Chinese citizen, applied for Asylum on 14.05.2009. At the end of April 2009, the applicant had a violent argument with a former employer in China, due to the latter's failure to pay social security contributions for 25 years. The applicant confronted and physically abused the manager and took flight. The day after the conflict 3 persons came to his house, beat up his son and stated that they would cut off his legs. According to the applicant, the fear of torture by this group was the reason he fled from China to Austria. On 19.5.2009, during a police interrogation, he stated that he paid 100.000 RMB for his emigration and that he was planning to return to China after one or two years. 

In an official decision of the Federal Asylum Office dated 19 May 2009, the complainant's application for asylum was rejected pursuant to § 3 para. 1 in conjunction with § 2 para. 1 no. 13 AsylG 2005; at the same time, the status of subsidiary protection beneficiary with respect to his country of origin China was not granted to him in the decision under point II pursuant to § 8 para. 1 in conjunction with § 2 para. 1 no. 13 AsylG. In Arbitration Panel Point III, he was deported from the territory of the Austrian Federal Republic to the People's Republic of China pursuant to § 10 paragraph 1 AsylG. The applicant appealed the decision before the Asylum Court.
 
Outcome of the case:
In the view of the Asylum Court,  the expulsion therefore does not constitute an inadmissible interference in a legal position protected according to the ECHR and the complaint had to be dismissed as unfounded according to § 10 Para.