Dublin II in Austria

Last update: 06/06/2011

If you apply for asylum the first thing that will be checked is whether you have been to any other country of the European Union before. If this is the case – either because you have left your fingerprints somewhere or they find evidence by what you say or carry with you (coins, train tickets, etc.) your application or asylum will not be treated in Austria.

Austria has not stopped deportations to Greece. Due to a decision made by the Austrian Constitutional Court in October 2010, deportations of particularly vulnerable persons (unaccompanied minors, elderly people, families with small children, seriously ill persons etc.) to Greece are now more difficult to execute than before. While it used to be possible just to inform the Greek authorities about a planned Dublin II deportation, Austrian officials now have to get an individual acceptance paper from Greece for each person they want to deport.
This does NOT mean a deportation-stop to Greece like in other countries. Especially single men over 18 are threatened by deportation.

In case you are threatened by deportation to Greece, IMMEDIATELY make an appeal with the European Court for Human Rights! This is the only way you can stop the deportation. The ECHR should react with an interim measure to every issued appeal. It is really important to be quick with the appeal, the best would be to inform a contact or lawyer before applying for asylum, so that they are already prepared to make an appeal. The appeal can be made by yourself or a legal representative and must contain:
1) on the first page:
"Rule 39 – Urgent"
Person to contact (name and contact details)
 - Date and time of deportation and destination
2) Contact telephone number of you or your representative
3) Contact address (including fax number) of the place you are being detained for deportation
4) Reasons for Appeal: Sending you back to greece would be a violation of Article 3 of the European Convention on Human Rights. If possible, write more details why it's dangerous for you to be sent back to Greece.
5) If possible, documents which support your case.
The appeal is to be sent to a fax number, specially established for interim measures:
+33 (0)3 88 41 39 00 - Working hours for the fax address are 8am to 4.30pm. If sent after 4.30pm, the application will usually be dealt with on the next day.

NOTE: In case of the risk of immediate enforcement (very quick deportation), it is possible to send the appeal even before the negative decision is made by the asylum officials.
This can help you gain valuable time as the European Human Rights Court also needs some time to examine the case.
In case you are being deported before the ECHR's suspension message reaches the Austrian officials, keep contact to your Austrian friends or lawyers, there might be a chance to come back to Austria when the deportation to Greece was proven illegal.

This court ruling only applies to Greece, there are so far no changes concerning Dublin II deportations to other countries like Hungary, Poland or Italy, which are still taking place like before.