A 33-year-old Syrian’s appeal against his negative asylum decision has been rejected by the Constitutional Court in Vienna. The security situation in his home region of Damascus has improved to such an extent that a return is possible, the statement said.
The top judges also wrote that the fact that the man had a university degree and his family was “rich” made it possible for him to return. In October 2022, the man received a negative asylum decision from the Federal Office for Immigration and Asylum and appealed against it to the Federal Administrative Court.
But the court ruled that there was nothing to prevent him from returning, as the man could also avoid being recruited by the Syrian army by paying an “exemption fee” provided for in Syrian military law. There are also no clear circumstances that would lead the Syrian regime to assume that it has an oppositional stance.
It is therefore not assumed that the 33-year-old would find himself in a situation that would threaten his existence upon his return.
The Constitutional Court argues the same, but states that the enforcement authority is obliged to take into account the current security and supply situation in the event of expulsion.
Austria for review of the EU strategy towards Syria
The Austrian federal government has been campaigning for some time for the EU to take joint steps towards intensifying returns to Afghanistan and Syria. Foreign Minister Alexander Schallenberg and seven of his colleagues support a review of the EU strategy on Syria.
Consideration is being given, among other things, to greater equal treatment of the various civil war parties at a diplomatic level. The EU should also appoint a representative of Syria who will liaise with all parties. Moreover, the EU must work towards a situation in the country where the “safe, voluntary and dignified return of Syrian refugees” is possible, “under the assumption that security guarantees are the responsibility of the regime”.
The Minister of the Interior welcomes the court’s ruling
The Ministry of the Interior in Vienna feels supported by the ruling of the Constitutional Court. “I welcome the decision (…), which confirms our authority’s position that a return to Syria is legally possible,” said Minister Gerhard Karner (ÖVP). . “Austria has accelerated the debate among member states with its proposal to allow deportations to Afghanistan and Syria again,” Karner continued.
Source: Krone
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