The Administrative Court (VwGH) has rejected the appeal of the Federal Office for Immigration and Asylum (BFA) in the Tina case. The girl’s lawyer, Wilfried Embacher, announced the verdict on Twitter on Tuesday: “After 18 months, the illegality of the deportations in the Tina case has finally been established.”
The BFA had challenged a federal administrative court decision that the controversial deportation of the then 12-year-old was illegal.
Deportation in January 2021 was disproportionate
The VwGH has now followed the view, among other things, that the birth of Tina in Austria and the excellent – also school – integration are of particular importance and that the deportation in January 2021 should be regarded as disproportionate. The Supreme Court also pointed out that a family separation was not allowed.
It is therefore legally in agreement that the Federal Administrative Court has also declared illegal the deportation of the then five-year-old sister and mother, according to the decision of the Administrative Court published by the lawyer. Embacher pointed out that the now six-year-old sister would have come to school in the fall.
Judgment regarding action complaint
The judgment of the Federal Administrative Court referred to the complaint against the deportation of the immigration police. The asylum decision and the decision to return were not up for discussion here, the legal process had already been exhausted.
Tina currently lives with a host family in Vienna
The deportation of Tina and her family to Georgia caused a stir and sparked protests, including sit-ins in front of the family’s deportation center. In December 2021, Tina returned to Vienna and later received a student visa. Since her return to Vienna, she has been living with a host family. Her sister and mother stayed in Georgia.
Source: Krone
I am Ida Scott, a journalist and content author with a passion for uncovering the truth. I have been writing professionally for Today Times Live since 2020 and specialize in political news. My career began when I was just 17; I had already developed a knack for research and an eye for detail which made me stand out from my peers.
