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18/09/2025
AT: The Constitutional Court found that the assessment conducted by the Federal Administrative Court on return of a Syrian applicant was lawful as it was based on updated country of origin information on the security situation.
18/09/2025
AT: The Constitutional Court found that the assessment conducted by the Federal Administrative Court on return of a Syrian applicant was lawful as it was based on updated country of origin information on the security situation.

ECLI
ECLI:AT:VFGH:2025:E1539.2025
Input Provided By
EUAA Asylum Report
Other Source/Information
Type
Decision
Original Documents
Relevant Legislative Provisions
European Convention on Human Rights (ECHR)
Reference
Austria, Constitutional Court [Verfassungsgerichtshof Österreich], Applicant v Federal Office for Immigration and Asylum (Bundesamt für Fremdenwesen und Asyl‚ BFA), E1539/2025, ECLI:AT:VFGH:2025:E1539.2025, 18 September 2025. 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=5442
Case history
Other information

Austria, Constitutional Court [Verfassungsgerichtshof Österreich], Applicant v Federal Office for Immigration and Asylum (Bundesamt für Fremdenwesen und Asyl‚ BFA), E1520/2025, ECLI:AT:VFGH:2025:E1520.2025, 18 September 2025. 

Abstract

The Constitutional Court rejected the complaint submitted by a Syrian national on grounds of a potential violation of Articles 2 and 3 of the European Convention on Human Rights (ECHR) due to the decision to remove the applicant and return him to Syria. The Constitutional Court did not find procedural deficiencies in the Federal Administrative Court decision.


The Constitutional Court considered that the Federal Administrative Court duly assessed both the security and supply situation in Syria, in particular specifically in the applicant’s region of origin, by referencing sufficiently updated country of origin reports on Syria. The court noted that the lower court also assessed the individual situation of the complainant to conclude that a negative decision and a return order to Syria did not expose the applicant to a risk of a violation of Articles 2 and 3 of the ECHR. The court cited its findings and standards in the case Applicant v Federal Office for Immigration and Asylum (Bundesamt für Fremdenwesen und Asyl‚ BFA), E1520/2025, 18 September 2025.


The court also affirmed that this judgement does not relinquish the implementing authority’s obligation to comply with Article 3 of the ECHR, particularly with regard to the security situation in Syria.


The Constitutional Court confirmed that the contested decision was lawful.


Country of Decision
Austria
Court Name
AT: Constitutional Court [Verfassungsgerichtshof Österreich]
Case Number
E1539/2025
Date of Decision
18/09/2025
Country of Origin
Syria
Keywords
Country of Origin Information
Return/Removal/Deportation
Torture or inhuman or degrading treatment or punishment