The man had contested his deportation on the grounds that the basic needs of asylum seekers in Greece are still not sufficiently met.

The deportation would therefore expose him to the risk of inhumane treatment, argued the Afghan. The man had already been granted asylum in Greece, which is why his asylum application in Austria was rejected. The Federal Administrative Court's (BVwG) argument that he does not face an existential emergency in Greece because the supply situation for those seeking protection has significantly improved compared to the previous situation in Greece was deemed sufficiently justified by the VfGH. Several similar complaints from individuals who have first applied for or received asylum in Greece were also rejected as apparently hopeless.

Comparison with Previous Decisions and International Judgments

In 2010, the Constitutional Court stopped the transfer of an asylum seeker to Greece due to the poor provision for asylum seekers in the country. Additionally, the constitutional judges decided at that time that Austrian authorities must obtain an individual care commitment for the affected asylum seekers from their Greek counterparts before transferring particularly vulnerable individuals - otherwise, the deportation must not proceed. The European Court of Human Rights (ECHR) has repeatedly condemned countries for deportations to Greece in recent years. Just last autumn, Germany was sentenced to a fine for deporting a Syrian to Greece.

Following a 2011 ECHR ruling, no Dublin transfers to Greece were carried out by EU member states until 2017. Since then, according to the Ministry of the Interior, there have only been a few individual cases of returns under the Dublin procedure and deportations to Greece. "The current ruling is a step to further promote the previous measures of the Federal Office for Immigration and Asylum (BFA)," the ministry said on Friday. However, the current VfGH ruling only applies to deportations of individuals who have already been granted asylum in Greece. So-called Dublin cases, i.e., transfers of asylum seekers whose application in Greece has not yet been processed, are not affected.

How many people have been deported to Greece or returned under the Dublin procedure since 2010 could not be initially inquired from the Ministry of the Interior on Friday. However, the VfGH decision was welcomed by the ÖVP. Secretary General Nico Marchetti described it in a statement as a "groundbreaking development" that has "eliminated an absurdity." The prevention of deportations to countries where asylum seekers first entered EU soil had "practically made the implementation of the applicable legal situation impossible for governments across Europe," Marchetti said. He saw the "U-turn of the Constitutional Court" as "further evidence that the fight against illegal migration is progressing across Europe."

(APA/Red)

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