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

On Tuesday evening, the Federal Office for Immigration and Asylum (BFA) announced details of 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 13 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.

In general, the 26-year-old disregarded official orders and did not fulfill 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 marriage date of the person mentioned and therefore the only option chosen was to carry out the arrest as part of the marriage in January 2024,” it was emphasized. BFA: Groom is not threatened with persecution in his home country The operation at the registry office had an extensive legal history . The Turkish citizen applied for asylum in Austria in March 2022. After an investigation, the BFA came to the conclusion that the 26-year-old “is not at risk of persecution within the meaning of the Geneva Refugee Convention” if he returns to his Turkish homeland. 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 of the previous year. The Turkish citizen lodged a complaint against the BVwG’s ruling with the Constitutional Court (VfGH), which rejected the matter and referred it to the Administrative Court (VwGH). The Administrative Court of Justice rejected the extraordinary appeal in December 2023. “Attempts at arrest were thwarted by going into hiding.” The BFA emphasized that the 26-year-old had allowed the deadline for voluntary departure, which is generally given preference, to pass unused. The man remained in the federal territory “despite the feasibility of the asylum decision or even after the asylum procedure was legally negative”. In addition, he had “already thwarted thirteen arrest attempts by hiding” and was never found at his official registration address. Following the arrest on Saturday, detention pending deportation was ordered for the purpose of securing deportation. As part of the asylum procedure, the person concerned provided “no information whatsoever about his intended marriage or an existing partnership”. “It is also clear that illegal residents must be aware of their unsafe residence in Austria and also that a mere marriage does not change the uncertain residence status with all its consequences.” Changes in private and family life occur during the asylum procedure and also after its completion taken into account in every step of the procedure, it was underlined.Location: Vösendorf Castle. The scene of the arrest on Saturday morning was Vösendorf Castle. During the wedding and before the vows were said, the registrar 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 then arrested. Georg Klemm, the man’s lawyer, described the access on Tuesday in the Ö1 “Mittagsjournal” as illegal. If the 26-year-old is deported, a marriage in Turkey will be planned, followed by an application for family reunification in Austria, the lawyer announced.
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