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 The long-term resident status was withdrawn in November 2011 with the argument that the situation in Chechnya would have “normalised”.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.
Should the asylum seeker consider his constitutional right to a decision by an independent and impartial tribunal pursuant to Article 47 of the Charter infringed because a biased judged participated in the judgement in his asylum matter, he may, in accordance with Article 144a of the Austrian Constitutional Law , appeal against this decision on these grounds as well as on the grounds of an infringement of his rights to his lawful judge pursuant to Article 83 of the Austrian Constitutional Law.