AN, a Somali national, entered Austria from Slovenia on July 25, 2021. He was a minor at the time. Him and his group actively tried to reach the nearest police station to apply for asylum. AN spoke English and could communicate to the officers. Despite having expressed his will to apply for asylum, AN and his group were readmitted to Slovenia. The applicant had been recognized as a refugee in Slovenia in the meanwhile. The Court found for the applicant that he had expressed clearly his intention for asylum and that his request was denied by Austrian border guards. Moreso, the authorities seem to have led him to believe that asylum proceedings would be initiated while the applicants was being readmitted to Slovenia. The Court reiterated in the case that the expeditious readmission was done without regard to fundamental rights, namely the right the right to an asylum procedure, and confirmed its previous decision stating that “push-backs” are partly methodically applied in Austria.
Court Regional Administrative Court of Styria
Relevant Law Article 3 ECHR
Found for Applicant