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AB – LVwG 20.3-2725/2020-86

Country Austria
Status FINAL
Court Regional Administrative Court of Styria
Relevant Law Article 3 ECHR; Article 8 ECHR
Year 2021
Found for Applicant

AB was apprehended by the Austrian police together with seven other people in Southern Styria on 28 September 2020. The Court confirmed that AB had expressedly requested asylum and that his request was denied by the authorities. The actions of the border guards were in contravention with Austrian law, as rejecting the applicant’s pleas for asylum was in gross disregard of protection against deportation. THe Court also confirmed that being forced to undress completely and kneel down was disproportionate because the person involved had neither behaved aggressively nor was there any indication that a dangerous object was being carried. The way in which the person was searched was an inadmissible interference with the privacy of the person involved. AB was afterwards readmitted to Slovenia, subsequently readmitted to Croatian and lastly refouled to Bosnia, also known as chain-pushback. The Court found that pushbacks to Slovenia are “at times methodically applied in Austria.”