Complaint rejected

Constitutional Court: Deportations to Greece possible

The Constitutional Court (VfGH) has rejected an appeal by an Afghan who is to be deported to Greece. He had argued that the basic needs of persons entitled to asylum were not met in the Mediterranean country.

The Constitutional Court takes a different view: the supply situation has improved in recent years and the man is not threatened with an existential emergency. The Afghan had already been granted asylum in Greece, which is why his new application in Austria was rejected. He took legal action against this. The Federal Administrative Court already argued that he was not threatened with an emergency situation in the southern European country.

Several similar appeals were also rejected as futile. In 2010, the Constitutional Court had stopped the transfer of asylum seekers to Greece.

ÖVP: "Decisive U-turn"
The judges also ruled at the time that Austrian authorities must obtain an individual commitment from their Greek counterparts prior to transfers. Otherwise, there should be no deportation. Last fall, Germany was sentenced to pay a fine because a Syrian was deported to Greece.

The new ruling is a "decisive turnaround", said ÖVP Secretary General Nico Marchetti. "Since Home Affairs Commissioner Magnus Brunner has been responsible for EU asylum seekers, we have seen fundamental improvements in the area of asylum throughout Europe. And these improvements at European level clearly bear a red-white-red signature (...)."