BVwG erklärt Festnahme und Anhaltung eines Nigerianers für rechtswidrig
Federal Administrative Court finds arrest and detention of a Nigerian to be unlawful
Mr. E comes from Nigeria and in July 2018 he was subjected to an identity check by police offers, arrested, and detained at the Police Pre-Deporatation Center Roßauer Lände. Consequently the same day , he filed a complaint against the arrest and detention on grounds of legal residence in Austria, being a beneficiary third country national; as well the lack of legal grounds for a dentention lasting close to 12 hours.
In effect, the Federal Administrative Court (FAC), in its decision from August 2018, granted the complaint and declared the arrest and detention to be unlawful. The FAC argued that the Federal Asylum Office (FAO) did not issue an arrest warant, which is why officers were not authorized to arrest and detain Mr. E.