2024-01-16 17:55:00
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. We reported:
Vösendorf Castle
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.
The operation at the registry office had an extensive legal background. 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 “would not be at risk of persecution within the meaning of the Geneva Refugee Convention” if he returned to his Turkish homeland. 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 extraordinary appeal was rejected by the VwGH in December 2023.
The BFA emphasized that the 26-year-old missed the deadline for voluntary departure, which is generally given preference. 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 ex officio in every step of the procedure was underlined.
The scene of the arrest was Vösendorf Castle on Saturday morning. 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 Bracket, the man’s lawyer, described the access as unlawful in the Ö1 “Mittagsjournal” on Tuesday. 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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