The case concerned an Armenian national who applied for asylum in Austria on 2 September 2018. The applicant stated to have left Armenia on grounds that a personal medical condition was not treatable in Armenia. With decision of 14 January 2019, the BFA rejected the asylum application and ordered deportation. The applicant's appeal before the Federal Administrative Court was rejected. On 2 June 2022, the applicant lodged a subsequent asylum application and submitted as a new ground that no support from the family could be expected upon return to Armenia and would not be able financially to pay for the regularly needed insulin and sugar meter. The applicant was diagnosed with "cyclic vomiting syndrome" due to an underlying migraine disorder which had already resulted in a gastric transit disorder.

The subsequent application was rejected by BFA decision of 12 December 2022. The Federal Administrative Court dismissed the appeal without holding an oral hearing. The applicant lodged an onward appeal to the Supreme Administrative Court on grounds related to the right to be heard.

The Supreme Administrative Court referred to existing case law after which the Federal Administrative Court could only refrain from an oral hearing if all facts had been ascertained in full by the administrative authority in a proper investigation procedure and all facts were still up-to-date and complete. An oral hearing had to take place if the applicant showed any facts that contradicted or went beyond the result of the official investigation procedure.

Based on the above, the Supreme Administrative Court overruled the decision of the Federal Administrative Court on grounds that the applicant had put forward sufficient new grounds in the appeal proceedings. Therefore, the lower court had failed to comply with the procedural obligation to hold a hearing and violated Article 6 ECHR and Article 47 of the EU Charter.