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19/09/2019
AT: Supreme Administrative Court rules on whether Nigerian national delayed the enforcement of a return decision

ECLI
AT: VWGH: 2019: RA2019210204.L00
Input Provided By
EUAA Asylum Report
Other Source/Information:
Referral to the CJEU
No
Original Documents
Type
Judgment
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR);
Reference
Austria, Supreme Administrative Court [Verwaltungsgerichtshof - VwGH], Applicant (Nigeria) v Federal Administrative Court (Bundesverwaltungsgericht - BVwG), Ra 2019/21/0204, AT: VWGH: 2019: RA2019210204.L00, 19 September 2019. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1091
Case history
Related cases:
Abstract

The case concerns a Nigerian applicant who made unsuccessful applications for international protection in April 2015, January 2017 and May 2018, and decisions to return him were issued. The applicant was arrested on 6 June 2019 in execution of a detention order that had since been issued and, after being questioned, received a notification from the Federal Office for Foreign Affairs and Asylum (BFA) on the same day on detention pending deportation. During detention pending deportation, the applicant filed another application for international protection on 13 June 2019. The court ruled on whether the applicant had delayed the enforcement of a return decision and on how the birth of his daughter in Austria, in May 2019, affected his deportation.

The Court set aside the lower court decision as unlawful because the authorities should have applied the 'right to remain' until a final decision was taken on the subsequent application submitted on 13 June 2019 and to assess again the proportionality of the measure also based on the new application. 

Country of Decision
Austria
Court Name
AT: Supreme Administrative Court [Verwaltungsgerichtshof - VwGH]
Case Number
Ra 2019/21/0204
Date of Decision
19/09/2019
Country of Origin
Nigeria
Keywords
Detention/ Alternatives to Detention
Nigeria
Return/Removal/Deportation