The Regional Police Directorate appealed the decision to the Higher Administrative Court of Vienna. The Court confirmed the decision by the Regional Court of Styria. The Court was asked to examine whether the facts of the case have been sufficiently recorded, whether the considerations made when assessing the evidence are conclusive and whether the administrative court has considered all the possible ( relevant) circumstances. The Court only dissented in stating that the assumption of the Regional Court of Styria that that so-called “push-backs” at the border to Slovenia “often” or “methodically” were used, was not essential to the decision, so that in this respect already therefore no legal question of fundamental importance could be presented.
AB – Ra 2021/21/0274
Court Higher Administrative Court of Vienna
Found for Applicant