Supreme Court ruled

Deportation Confirmed, Then Afghan Woman Went Into Hiding

A mother and her four-year-old daughter from Afghanistan were to be returned to Greece, where they had been granted asylum in 2024.(Bild: Krone KREATIV/Wolfgang Spitzbart, stock.adobe.com)

The Constitutional Court dismissed the appeal filed by a single mother from Afghanistan. The woman, along with her young daughter, sought to challenge the Federal Administrative Court’s decision that deportation to Greece was permissible. Her appeal was unsuccessful. Nevertheless, the deportation did not take place.

In March, the Administrative Court handed down landmark rulings: 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. At that time, the Supreme Court upheld a decision by the Federal Administrative Court.

Deportation attempt failed at the last minute
At the time, Interior Minister Gerhard Karner announced in the “Krone” that he had ordered the implementation of the Supreme Administrative Court’s rulings. In fact, one of the two families—a single mother with her four-year-old daughter—was placed in detention shortly thereafter; however, the deportation attempt failed at the last minute because an appeal in the case was still pending before another supreme court, the Constitutional Court. The small family was released.

Here is what the Ministry of the Interior says:

Unless the individual leaves the country voluntarily, the Federal Office for Migration and Asylum (BFA) must initiate forced return proceedings as soon as possible for all persons required to leave the country. In doing so, all available measures are utilized to ensure removal from the country as promptly as possible.

If the individuals concerned evade the proceedings, an arrest warrant is generally issued. As soon as this has been executed by the police, the BFA immediately resumes planning for their removal from the country. Neither family is currently registered as residing in Austria.

As the “Krone” has learned, the Constitutional Court (VfGH) had already rejected the mother and daughter’s appeal at the end of April. According to the court’s reasoning, this is possible “if the appeal has no reasonable prospect of success or if clarification of a constitutional issue is not to be expected.” It continues: “The Federal Administrative Court has addressed the issue of whether the rights of the complainants are at risk.” There is no risk of torture or inhuman treatment for the family in Greece. Thus, the highest court has given the green light for the Afghan family’s return to Greece.

Both families are no longer registered in Austria
A decision of international significance. But was the deportation actually carried out? Not an official one, at any rate. For, as the Ministry of the Interior informed the “Krone,” neither family is currently registered as residing in Austria.

Apparently, they have gone into hiding or traveled on.