Landmark rulings

Afghan families must leave Austria

A single mother was also rejected by the Administrative Court (stock photo).(Bild: Krone KREATIV/Andi Schiel, stock.adobe.com)

The Administrative Court has now handed down two rulings with far-reaching implications. The cases involve a family of six and a single mother with a child, both from Afghanistan. They originally sought asylum in Greece and later traveled on to Austria. Now the highest court has ruled: Deportation is permissible in both cases.

The Administrative Court has now issued two landmark rulings. For many years, returns of asylum seekers for whom Greece would have been responsible under the Dublin Regulation were not carried out—especially since the asylum system there had massive shortcomings and the people were at risk of living in extreme hardship.

Greek asylum system addressed weaknesses
Just over a year ago, the European Commission stated in a communication that the weaknesses had been addressed and that returns could resume.

Now, the Administrative Court in Austria has addressed this contentious issue and issued two notable rulings.

A single mother was also turned away by the Administrative Court (stock photo).(Bild: Krone KREATIV/Andi Schiel, stock.adobe.com)

Reapplied for international protection
The first case concerns a family from Afghanistan with four minor children. They were granted asylum status in Greece in May 2024. After seven months in refugee shelters, the family had saved enough money to fly to Austria using their Greek Convention passports. There, the parents applied for international protection again for themselves and their children.

The Administrative Court in Vienna(Bild: Andi Schiel)

They justified this by stating that they had been forced to live in inhumane conditions in Greece. After their appeal was rejected by the lower court, the family filed an appeal with the Administrative Court. The court concluded that the return is permissible.

Basic needs met
“Taking into account the described living conditions for recognized beneficiaries of protection in Greece, it cannot be assumed that every person returned would find themselves in a situation of extreme material hardship that would prevent them from satisfying their most basic needs, such as, in particular, feeding themselves, washing, and finding shelter,” states the landmark decision.

If they fear they would have to live in Greece without shelter or medical care, they do not provide substantiated evidence to support this claim.

Der VwGH in dem Erkenntnis

This also applies to families with minor children, especially since support services are available for them in Greece as well. Furthermore, the father of the family may hope to find work in the construction industry, where he has experience.

Ruling affects vulnerable individuals 
The family of six must leave Austria and return to Greece. The same applies to a single mother who is also an Afghan national. She had been granted asylum in Greece with her daughter in October 2024 and had flown to Austria with the child ten weeks later. Here, the woman applied for asylum, partly because medical care had been “a problem.”

Because the cited poor living conditions were deemed to be claims for protection, and the young mother is healthy and willing to work, the court ruled that her return to Greece is also permissible. Even though, as a single mother, she belongs to a particularly vulnerable group.

When asked by “Krone,” the Administrative Court could not confirm whether the returns had already been carried out following the Supreme Court rulings. This is a matter for the immigration police. 

This is what the Ministry of the Interior says
“In response to the recent Administrative Court ruling, Interior Minister Gerhard Karner immediately instructed the competent authority to implement the Administrative Court’s decision,” the Ministry of the Interior told “Krone.”