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Country of Decision : Austria
Court Name : AT: Supreme Administrative Court [Verwaltungsgerichtshof - VwGH]
Date of decision : 05/10/2017
Type : Judgment
Case Number/Citation/ Document Symbol : Ro 2017/21/0009

Y.B. v Austrian Federal Office for Immigration and Asylum (Bundesamt für Fremdenwesen und Asyl- BFA)

AT: Supreme Administrative Court - Detention only on application of the Return Directive (and in Dublin-related cases)

In its judgement, the Supreme Administrative Court stated that, under current law and where the specific case falls under the Reception Directive, individuals must not be detained pending removal, except where the conditions specified in the Dublin Regulation are met (Dublin-related cases). The court’s reasoning was that the “risk of absconding”, the criterion specified in Art. 76 para 2 subpara 1 Aliens Police Act, could not be subsumed under one of the conditions defined in the Reception Directive. Thus, the imposition of detention continues to be permitted only in cases where the Return Directive is applicable (and in “Dublin constellations”). This is specifically the case where: (a) the person applies for international protection in detention in order to delay removal; (b) a negative asylum decision has been issued that can already be feasibly enforced; or (c) de facto protection against removal has been withdrawn or is not recognized

Detention/ Alternatives to Detention; Dublin procedure; Reception/Accommodation;

Dublin Regulation III (Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for IP); Return Directive (Directive 2008/115/EC of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals); Revised Reception Conditions Directive (Directive 2013/33/EU laying down standards for the reception of applicants for international protection) and/or RCD 2003/9/CE;

EASO Annual Report on the Situation of Asylum in the EU

Austria, Supreme Administrative Court [Verwaltungsgerichtshof - VwGH], Y.B. v Austrian Federal Office for Immigration and Asylum (Bundesamt für Fremdenwesen und Asyl- BFA), Ro 2017/21/0009, 05 October 2017. Link redirects to the English summary in the EASO Case Law Database.