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Key facts of the case:

A man was taken in custody suspect of burglary in December 2014. He stated to be French national. He was convicted to a (partially suspended) punishment in March 2015. The Federal Agency for Alien Matters and Asylum stated, that the man will not be given a residence title according to §§ 57 and 55 Asylum Act 2005 (Asylgesetz 2005); furthermore a decision for removal and an entry ban of eight years were decided in May 2015. The Authority issued a decision for detention pending removal and assumed that the man used a fake French ID but de facto stemmed from a North-African country. He applied for asylum in April 2015, but then withdrew the application back due to his “French nationality”.

The man filed a complaint against the decision for detention pending removal (Schubhaftbescheid) as well as against command of detention pending removal (Anordnung) and prolongation of detention pending removal. He now stated to be an Algerian national and furthermore stated that he never withdrew his application for asylum. He claimed that an oral hearing should be held and that he would need legal aid during the proceedings (Verfahrenshilfe).

Outcome of the case:

The application for legal aid of the applicant for revision was rejected, but the Highest Administrative Court ruled this rejection to be inappropriate, as it infringed Art. 47 (3) of the Charter.