The applicant, an Iranian national, was pushed back at Spielfeld, the Austrian border with Slovenia, on January 3, 2016, and three more times in the days that followed. The judge dismissed the complaint under the reasoning that the official police records include data of people who are refused entry at the border including names. The official police records did not include the name of the applicant. Therefore, the Court found that the complainant had not been pushed back at the Spielfeld border crossing and his appeal was rejected.
PQ – LVwG 40.3-1095/2016
Court Regional Administrative Court of Styria
Found for State