9 April 2015
The High Administrative Court of Austria has ruled that the detention of asylum seekers in Austria pending removal to another EU Member State under the Dublin framework is currently illegal. Therefore, for the time being, no one in a procedure under the Dublin III Regulation should be kept in detention.
The case was brought by an Eritrean national regarding the order of his detention pending his return to Italy, the Member State that had been declared responsible for assessing his asylum claim.
The Court found that no provision in domestic law reflected the requirement of the Dublin III Regulation to legally establish a “risk of absconding” as a condition for detention. Indeed, given that no definition is provided in Austrian legislation as to what a risk of absconding means, the Court found that no persons subject to a Dublin transfer can be put into detention. The Court also noted that it has repeatedly stressed in its jurisprudence that the use of detention for asylum seekers in a Dublin procedure must not become a standard measure.
For further information:
- Asylum Information Database (AIDA), Country Report Austria