Decision overturned
Terror suspect fights deportation, wants asylum
The Turkish-Tajik couple accused of plotting an attack on St. Stephen's Cathedral in Vienna were released from custody and taken into detention pending deportation. However, the terror suspect fought the deportation order including the indefinite entry ban. And was successful for the time being at the Federal Administrative Court on Friday.
The terror suspects who allegedly planned attacks in Vienna and Cologne around Christmas were released from custody at the end of May due to a lack of urgent suspicion. However, a married couple and a Tajik extradited from Germany were detained pending deportation.
Suspected terror plans in Vienna and Cologne
While the suspect from our neighboring country has already been deported to Tajikistan, the man living in Vienna and his Turkish wife are fighting the deportation order from the Federal Office for Immigration and Asylum (BFA).
On Friday, the terror suspect is taken by four police officers, including two WEGA officers, to Room 7 of the Federal Administrative Court, where his appeal against deportation is heard throughout the morning. "I was accused of planning to blow up St. Stephen's Cathedral," says the petite man with a full beard to the judge when he asks him why he was arrested and taken into custody at the end of December. According to the Vienna public prosecutor's office, the investigation is still ongoing.
29-year-old denies the allegations
The man denies the attack plan. He also does not want to know anything about the IS images found on his cell phone. He also denies knowledge from Europol and foreign intelligence services. "I did not use forged travel documents in Ukraine and did not present a forged Ukrainian asylum application. That is a lie," he tells the judge via an interpreter. "My children are Ukrainian citizens and when I came to Austria, I was given the same status as my children," says the complainant.
"He has an illegal residence permit," replies the representative of the authorities. After the Tajik and his wife were arrested in Vienna on suspicion of terrorism, the couple's three underage children were taken to their grandparents in Turkey: "After the children were transferred to Turkey, their right of residence was revoked in accordance with the displaced persons ordinance."
Lawyer criticizes the timing of the proceedings
Andreas Schweitzer, the 29-year-old's lawyer, justifies the appeal against the deportation with the timing of the proceedings, among other things: "The deportation order was issued on 22 May. On 23 May, my client was released from custody due to a lack of urgent suspicion and immediately taken into custody pending deportation," he says, insisting that the Tajik would face persecution or even the death penalty in his home country. Why? Because he is a member of the banned opposition Group 24. "People who support Group 24 are rigorously persecuted in Tajikistan," says Schweitzer.
"I can be recognized on a video of Group 24," claims his client, who submitted an application for international protection, i.e. an asylum application, via his lawyer on Friday. However, because this has to be submitted orally and to an organ of the public security service, the court declares that it has no jurisdiction. It is determined that the man will make the application orally at the police detention center on Friday.
The complaint is upheld
After a six-hour hearing, the appeal against the deportation is upheld on the formal grounds that a decision must first be made on the asylum application. This was based on a decision by the Administrative Court from 2016. The Tajik remains in detention for the time being.
Incidentally, the appeal against the planned deportation of his wife will be heard in Linz next week.
This article has been automatically translated,
read the original article here.
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