Key facts of the case:
The family (father – case number D19 432916, mother – case number D19 432917) and the two minor children (case numbers D19 432918 and D19 432919) entered Austria illegally in October 2011. They all applied for asylum and were dealt with in a family procedure (Familienverfahren). Only the father presented reasons for his flight, the family members did not provide their own reasons for leaving their country of origin. He stated that he supported the “fighters” in Chechnya by providing food and clothing and that he was persecuted there.
These decisions are analogue to the decision taken in D19 323917-1/2012/2E (judgment is provided in the link).
According to Art. 47 para 2 of the Charter of Fundamental Right, every person has the right to an independent and impartial public hearing before a Court previously established by law in a fair and public trial and within reasonable time. The limitation of the right to a public hearing (Verhandlungspflicht), established by § 41 para 7 Asylum Act 2005 (Asylgesetz 2005, AsylG 2005) according to Art. 52 para 1 Charter of Fundamental Rights, is allowed in the view of the Asylum Court, as it is – as foreseen in the Charter – provided for by law and respects the essential content of the right foreseen in Art. 47 para 2 of the Charter. Fairly quick decisions on asylum applications are a goal of the Union, which has a significant value (see recital 11 of the preamble of Directive 2005/85/EC). The omission of hearings in those cases, where the actual situation can be established and the omission of the oral hearing does not diminish the quality of the decision, help reaching this goal. Therefore the restriction in § 41 para 7 Asylum Act 2005 also fulfils the requirement of Art. 52 para 1 last sentence of the Charter of Fundamental Rights (also see Constitutional Court 27.9.2011, U1339/11-3) (page 43 of 43 of the judgment).