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17/06/2024
AT: The Federal Administrative Court upheld the suspension of material reception conditions in cash as a sanction against a Syrian minor applicant for serious and repeated breaches of house rules, considering that the measure was proportionate and aligned with the best interests of the child.

ECLI
Input Provided By
EUAA Information and Analysis Sector (IAS)
Other Source/Information
Type
Decision
Original Documents
Relevant Legislative Provisions
Recast Reception Conditions Directive (Directive 2013/33/EU laying down standards for the reception of applicants for international protection)(recast RCD) and/or RCD 2003/9/CE
Reference
Austria, Federal Administrative Court [Bundesverwaltungsgericht - BVwG], Applicant v Federal Office for Immigration and Asylum (Bundesamt für Fremdenwesen und Asyl‚ BFA), W117 2278420-3, 17 June 2024. 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=4432
Case history
Other information

European Union, Court of Justice of the European Union [CJEU], Zubair Haqbin v Belgium, Federal agency for the reception of asylum seekers (Federaal Agentschap voor de opvang van asielzoekers), C-233/18, ECLI:EU:C:2019:956, 12 November 2019. 

Abstract

The applicant, a Syrian minor, requested international protection on 6 November 2022. On 17 November 2022, he was admitted to the federal basic welfare support system (GVS) and accommodated in a care facility for unaccompanied minor asylum seekers. The house rules were provided to him in a language he could understand. On 17 February 2023, he was granted the opportunity to attend a hearing regarding his violations of the house rules through a written interrogation by the BFA. The applicant repeatedly violated the house rules, was expelled twice, and caused €1,500 in damage to windowpanes. On 14 March 2023, he was involved in a physical altercation with another asylum seeker, resulting in a ban from the premises. On 31 July 2023, he was given the opportunity to submit a written statement concerning the violations. Because of ongoing breaches and aggressive behavior, the BFA suspended his pocket money from 1 August to 31 October 2023. The Federal Administrative Court upheld this decision. However, the applicant continued to violate house rules, including missing mandatory checks and disturbing the peace at night, despite being informed that further violations could lead to additional restrictions or withdrawal of basic services. On 12 March 2024, he was questioned again by the BFA, denying responsibility. Due to persistent misconduct, the BFA suspended his pocket money for the remainder of his stay. The applicant appealed this decision.


The Federal Administrative Court determined that the numerous and severe violations of house rules, committed within a short period, constituted gross misconduct, which significantly complicated the maintenance of order in the center and disrupted the coexistence of other guests, as defined in Section 2(4) of the GVG-B. Moreover, the court affirmed that decisions regarding unaccompanied minors must prioritise the best interests of the child and adhere to the principle of proportionality. Following the CJEU judgment in Zubair Haqbin v Belgium (C-233/18, 12 November 2019), the court reiterated that when imposing sanctions under Article 21(4) of the recast RCD, including restrictions on services, special attention must be given to the minor’s situation and the principle of proportionality, considering factors such as the minor’s well-being, social development, and background. The court held that suspending pocket money would not hinder the applicant’s ability to meet essential needs or impact his overall physical, mental, emotional, moral, and social development or adequate standard of living. It concluded that the measure taken by the authority did not negatively impact or violate the applicant's well-being, also given that he was nearing adulthood. The court noted that neither warnings nor explanatory conversations improved the applicant’s behavior, who continued to violate house rules even after restrictions on basic services were imposed. It also noted that the applicant was heard by the BFA on 12 March 2023, meeting the requirements for pocket money withdrawal under Section 2(6) of the GVG-B. Thus, the court found the pocket money withdrawal legally justified and proportionate, and dismissed the appeal.


Country of Decision
Austria
Court Name
AT: Federal Administrative Court [Bundesverwaltungsgericht - BVwG]
Case Number
W117 2278420-3
Date of Decision
17/06/2024
Country of Origin
Syria
Keywords
Minor / Best interests of the child
Reception/Accommodation
Unaccompanied minors