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X and X – LVwG 20.3-918/2016 LVwG 21.3-919/2016

Country Austria
Status FINAL
Court Regional Administrative Court of Styria
Relevant Law Article 5 (1) and (4) Regulation (EC) 562/2006, Article 13 Regulation (EC) 562/2006, Article 25 Regulation (EC) 562/2006
Year 2016
Found for Applicant

The case concerned two complainants and their 5 minor children. They entered Austria seeking asylum and were readmitted to Slovenia after undergoing identification and registration procedures. The applicants had mentioned that the reason for flight was the war in Iraq. The name of the interpreter was missing from the registration form. The Court upheld its case law with regard to the use of inadequate interpreters or interviews where the interpreter acted on his/her own authority. The Court found that it was the responsibility of the state to provide qualified interpreters, whether they were privately contracted or otherwise. The Court iterated that the precise reasons conducive of a substantiated decision of refusal were not mentioned in the form given to the applicants (as prescribed by Art. 13 (2) of Regulation (EC) 562/2006). The Court found the questiong improper and not specific enough. The Court noted that at the time of the case, all person who claimed to be seeking protection in Germany were admitted to Austrian territory for transit to Germany. The Court could not hear the complainants in the case as they were not present in Austria.

The Court rejected the request to refer to the CJEU for a preliminary ruling on the interpretation of Regulation (EC) 562/2006 (former Schengen Borders Code) regarding Austria reinstating border controls.