The Committee of Ministers ended the supervision of execution of a case concerning asylum proceedings under the EU ‘Dublin II Regulation’ following a legislative reform in Austria.
In Mohammed v. Austria, the Court found that Austrian asylum law did not protect adequately a failed asylum seeker who sought asylum for the second time and was subject to a transfer to Hungary under the ‘Dublin II Regulation’. The reason was that the second asylum application had no suspensive effect although asylum seekers’ reception conditions in Hungary had significantly deteriorated since the transfer’s order.
After the Court’s judgment, the Austrian Constitutional Court annulled the relevant asylum provision and subsequently the government amended the Asylum Act. This amendment provided that a second asylum application could suspend an asylum seeker’s transfer under the ‘Dublin II Regulation’ notably if there is a risk of ill-treatment in the country of destination.
