Committee of Ministers decides to close examination in Mohammed v. Austria case

Date: 
Wednesday, October 17, 2018

On 17 October 2018, the Committee of Ministers decided to close the examination of the Mohammed v. Austria case during its 1327th meeting.

The case concerned a Sudanese national who arrived in Austria via Greece and Hungary and applied for asylum. His application was rejected under the Dublin Regulation and his transfer to Hungary was ordered. The Court had found a violation of Article 13 in conjunction with Article 3 of the Convention due to the fact that the second asylum application had no suspensive effect under Austrian law.

In response to the judgement, the Austrian authorities amended national law to include de-facto protection against deportation in case of second (follow-up) applications for asylum. Prior to this, the applicant had no right to protection against deportation if a valid return order had been issued. Under the amended law, subsequent asylum applicants no longer risk being forcibly removed until a domestic court has examined the question of the existence of a sufficient likelihood that the conditions in the country of destination, which are relevant under Article 3 of the Convention, have significantly deteriorated, or if an expulsion would contravene Article 8 of the Convention.

Therefore, the Committee of Ministers was satisfied that the main causes for violations of the Convention have been eliminated and that similar violations in the future will be prevented.


This item was reproduced with the permission of ECRE from the weekly ELENA legal update. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE.

                                                     

 

Keywords: 
Effective remedy (right to)
Right to remain pending a decision (Suspensive effect)