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18/09/2025
AT: The Constitutional Court confirmed that the current situation in Syria does not indicate a real risk of a violation of Articles 2 and 3 of the ECHR in case of return.
18/09/2025
AT: The Constitutional Court confirmed that the current situation in Syria does not indicate a real risk of a violation of Articles 2 and 3 of the ECHR in case of return.

ECLI
ECLI:AT:VFGH:2025:E2795.2025
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), E2795/2025, ECLI:AT:VFGH:2025:E2795.2025, 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=5443
Case history
Other information
Abstract

The Constitutional Court dismissed a complaint against the decision of the Federal Administrative Court concerning detention of a Syrian applicant pending return. It found that the lower court correctly assessed that the detention pending return and its extension were lawful. It noted also that the lower court duly considered the admissibility of the removal on basis of current country of origin reports on Syria, by assessing both the security and supply situation in Syria as well as the individual circumstances of the applicant. Including the possibility to reach his region of origin. The court cited its conclusion on the assessment on Syria in the case Applicant v Federal Office for Immigration and Asylum (Bundesamt für Fremdenwesen und Asyl‚ BFA), E1520/2025, 18 September 2025. The court concluded, from a constitutional approach, that, in view of country-of-origin information on Syria, it cannot conclude that a negative decision, or a return of the applicant to Syria would amount to a real risk of a violation of Articles 2 or 3 of the ECHR.


Country of Decision
Austria
Court Name
AT: Constitutional Court [Verfassungsgerichtshof Österreich]
Case Number
E2795/2025
Date of Decision
18/09/2025
Country of Origin
Syria
Keywords
Country of Origin Information
Detention/ Alternatives to Detention
Return/Removal/Deportation
Torture or inhuman or degrading treatment or punishment
RETURN