Asylum procedure negative – BFA wanted to arrest groom (26) 13 times

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On Tuesday evening, the Federal Office for Immigration and Asylum (BFA) announced details about the case of the 26-year-old who was arrested on Saturday in Vösendorf (Mödling district) during his own civil wedding. The BFA referred to thirteen previous arrest attempts that the man had thwarted by going into hiding. The detention pending deportation remains intact, as do the plans to take the Turkish citizen out of the country.

Overall, the 26-year-old ignored official orders and failed to comply with his obligation to leave the country, the BFA summarized in a written statement. The asylum procedure has been legally concluded negatively. “The BFA was aware of the date of marriage of the said person and therefore the only option was to carry out the arrest as part of the wedding in January 2024,” it was pointed out.

BFA: Groom is not threatened with prosecution in his home country
The civil registry operation had an extensive legal background. The Turkish citizen applied for asylum in Austria in March 2022. Following an investigation, the BFA concluded that the 26-year-old “would not be at risk of persecution within the meaning of the Geneva Refugee Convention” if he returned to his Turkish home country.

Negative asylum decision in March 2023
A “completely negative decision” was issued in March 2023. A complaint against this was rejected by the Federal Administrative Court (BVwG) in July last year. The Turkish citizen filed a complaint against the BVwG ruling with the Constitutional Court (VfGH), which dismissed the case and referred it to the Administrative Court (VwGH). The extraordinary appeal was rejected by the VwGH in December 2023.

‘Attempts at arrest thwarted by absconding’
The BFA stressed that the 26-year-old missed the deadline for voluntary departure, which is usually preferred. The man remained on federal territory “despite the feasibility of the asylum decision or even after the asylum procedure was legally negative.” Moreover, he had “already thwarted thirteen arrest attempts by absconding” and was never found at his official registration address. Following the arrest on Saturday, detention pending deportation was ordered with the aim of securing deportation.

In the context of the asylum procedure, the person concerned “has not provided any information about his intended marriage or an existing partnership”. “It is also clear that illegal residents must be aware of their unsafe stay in Austria and also that a mere marriage does not change the insecure residence status with all its consequences.” Changes in private and family life occur during the asylum procedure and afterwards. its completion, which was ex officio taken into account at every step of the procedure, was underlined.

Location: Vösendorf Castle
The place of the arrest was Vösendorf Castle on Saturday morning. During the wedding and before the vows were taken, the officiant is said to have suddenly left the room. ‘She said she had to get something. “She came back with ten or twelve men,” the bride, a 40-year-old German living in Vienna, was quoted as saying by “Kurier.” The 26-year-old was subsequently arrested.

Georg Bracket, the man’s lawyer, described the access as illegal in the Ö1 “Mittagsjournal” on Tuesday. If the 26-year-old is deported, a wedding in Turkey is planned, followed by an application for family reunification in Austria, the lawyer said.

Source: Krone

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