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Austria / Supreme Administrative Court / 2015/18/0113

Asylum seeker from Afghanistan

Policy area:
Asylum and migration
Deciding Body type:
National Court/Tribunal
Decision date:

Key facts of the case:

A single female Afghan asylum seeker having several children of minor age appealed against her transfer to Hungary before the Highest Administrative Court. She had applied for asylum in Hungary, but travelled to Austria afterwards in October 2014. The asylum authority ordered the transfer because Hungary was competent for examining the application for international protection according to the Dublin III Regulation. The Federal Administrative Court (Bundesverwaltungsgericht) upheld that decision in May 2015 and based its decision essentially on situation reports from summer 2014.

Outcome of the case:

The Highest Administrative Court came to the conclusion that there shall be no transfer of asylum seekers to States responsible under the Dublin regulations in case of imminent violations of the ECHR or the Charter prohibitions of inhuman or degrading treatment. The Court explained that the situation in Hungary has changed significantly at least since October 2014, as a massive influx of asylum seekers has occurred. This circumstance, in conjunction with the specific criticism of the reception conditions for asylum seekers in Hungary, implies that the statutory presumption (gesetzliche Vermutung) that Hungary is safe for asylum seekers, currently no longer exists. The determining authority and the Federal Administrative Court therefore must deal with the current situation in Hungary in more detail and check, whether or not Austria may return asylum seekers under the Dublin system back to Hungary. A definitive answer to this question is only possible after such investigations have yielded results.