On February 11, 2022, the Federal Administrative Court issued an oral decision rejecting the appeal against detention pending deportation filed by a person represented by the BBU at that time. It was not until September 7, 2022, almost seven months later, that the written version of the decision was issued. Following my appeal to the Constitutional Court, the Court justified the annulment of the contested decision by stating that the duty to substantiate administrative court decisions, which is required by the rule of law, also implies the duty to issue a written version of the decision as soon as possible, because otherwise the person seeking legal protection could be denied effective legal protection. In view of the long period of time between the oral delivery and the written issuance of the contested decision and the necessity of a prompt written issuance in proceedings regarding appeals against detention pending deportation, my client was denied effective legal protection.
(VfGH 28.02.2023, E 2830/2022)