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Austria / Constitutional Court / U1740/11

(a) An anonymised Chechen national (b) Austrian Asylum Court (Asylgerichtshof)

Policy area:
Justice, freedom and security
Deciding Body type:
National Court/Tribunal
Deciding Body:
Austria / Constitutional Court
Type:
Decision
Decision date:
20/09/2012

Key facts of the case:

A Chechen national was granted a limited long-term resident status (Aufenthaltsberechtigung) for Austria in September 2008. The long-term resident status was withdrawn in November 2011 with the argument that the situation in Chechnya would have “normalised”. The Chechen national appealed against this decision. During the oral hearing in front of the Asylum Court, as the competent appeal body, the lawyer of the Chechen national requested the disqualification (Ausschluss) of the chairman of the tribunal for a conflict of interest. The request was not followed by the chairman. As a consequence, the Chechen national filed a written motion for the disqualification (Ausschluss) of the chairman of the tribunal which the Asylum Court rejected as inadmissible. The Chechen national appealed against this decision to the Constitutional Court.