Postponement by the Constitutional Court

Repatriation of Afghan family fails

A mother from Afghanistan and her daughter (stock photo) face an uncertain future.(Bild: Krone KREATIV/Stock Adobe)

In mid-March, the Administrative Court issued rulings with far-reaching implications for all of Europe—as reported by the “Krone.” On Monday, one of the two families was arrested; they were supposed to board a flight to Greece today. However, the deportation attempt was postponed following an intervention by another high court. And this is not the first time.

Two families from Afghanistan, who were granted asylum in Greece in 2024 but traveled on to Austria, may be returned there. Even though families are considered vulnerable groups. According to the rulings, living conditions for refugees on the Greek mainland have improved significantly, making the deportation of families permissible. Interior Minister Gerhard Karner announced via “Krone” that he had ordered the implementation of the Administrative Court’s findings.

Arrest Followed by Release
And indeed, one of the two families—a single mother with her four-year-old daughter—is believed to have been arrested in Upper Austria on Monday and taken to Vienna, where they were detained on Zinnergasse. Attorney Norbert Kittenberger, who represents the small family together with Carinthian attorney Christian Thon, was informed that a specific flight to Athens had already been scheduled. The mother and child were supposed to board this flight today, Wednesday.

We fear that these events could also be traumatic for the child.

Anwalt Norbert Kittenberger vertritt Mutter und Tochter

Bild: Katja Horninger

What the officials apparently failed to take into account was that a complaint regarding this case is still pending before the Constitutional Court, on which no decision has yet been made, and a request for a stay of execution had been filed. On Monday, the lawyer informed the Constitutional Court of the impending deportation, and lo and behold, this decision was issued on Tuesday. Consequently, the woman and her four-year-old daughter were released. The Constitutional Court confirmed this to the “Krone.” The highest court will deliberate on the case in June.

First attempt in November 2025
Intriguing: An attempt to deport the two has already failed once. In early November, the Administrative Court granted a stay of execution at the last minute.

The family’s lawyer points out that the arrests were unnecessary. They could certainly have waited until the Constitutional Court ruled: “The fact that this is now the second attempt at deportation is difficult for my clients. We fear that these events could also be traumatic for the child.”

Administrative Court ruling on family of six 
There is currently no information available regarding the family of six who, according to the Administrative Court, must also return to Greece.

The Ministry of the Interior stated on Tuesday that many logistical measures, such as operational planning, must be carried out prior to deportations. This takes some time. Efforts to carry out deportations will continue.