ECHR temporarily blocks Austria’s planned deportations to Syria

The European Court of Human Rights has issued an emergency order blocking Austria’s planned deportations to Syria, pausing removals at least until September 8, 2025 while judges review key risk questions. The move follows Austria’s first forced return to Syria on July 3, 2025, the first by any EU member state since the fall of Bashar al-Assad’s regime in December 2024. The court’s action centers on the principle of non-refoulement, which forbids sending someone to a place where they face a real risk of death, torture, or inhuman treatment.

On August 11, 2025, the court stopped the removal of a second Syrian man—described by Austrian officials as a convicted offender—one day before his planned flight. The fate of the first person deported remains unknown, a fact that has alarmed rights groups and the court. Judges asked Austria to explain how it assesses risk for returnees to Syria, including whether it weighs threats of killing, torture, or enforced disappearance. Officials now must answer those questions before any further steps are taken.

Court order and immediate effect

Under Rule 39 of the court’s procedures, the European Court of Human Rights can issue urgent measures to prevent harm while it studies a case. In this instance, the court indicated that deportations to Syria from Austria must stop while it examines whether such removals could breach Articles 2 and 3 of the European Convention on Human Rights (right to life and ban on torture).

The ban on additional deportations is in force until at least September 8, 2025. The court’s official page provides background on urgent measures and its mandate: https://www.echr.coe.int

Austria’s Federal Office for Immigration and Asylum has acknowledged the order and is complying with the suspension. The Interior Ministry calls the court’s move an “interim measure” and says preparations for future removals continue as it waits for the court’s next steps. For now, no one can be deported to Syria from Austria while the temporary block stands.

Risks Austria must assess

According to the court’s request, Austria must show it has seriously examined the following risks for each person it plans to remove:

• Risk of death or targeted killing after return
• Risk of torture, inhuman or degrading treatment
• Risk of detention, enforced disappearance, or forced conscription

Interior Minister Gerhard Karner argues that deportations are part of a “strict, tough and fair” system and must proceed, especially for people with criminal convictions. The government’s stance is that the fall of Assad changed security conditions and makes some returns possible, though it stresses courts will make the final call during this pause.

Opposition leader Herbert Kickl criticizes the halt as “submissive acceptance” of a foreign court’s decision and calls for immediate removals of criminal offenders regardless of the order. Rights groups, including Amnesty International and Asylkoordination Österreich, say the unknown fate of the first deportee and ongoing dangers inside Syria show why the temporary stop must hold until facts are clear.

Key takeaway: The court’s interim measure freezes deportations while Austria must justify, case by case, that returns would not violate fundamental rights.

European setting and political stakes

For most of the Syrian conflict, EU countries did not enforce removals to Syria. That changed after the regime’s fall in December 2024. Austria and Germany moved to restart limited returns, focusing on people with criminal records.

When Austria carried out the July 3 removal—the first in 15 years—it sparked a wave of legal challenges and sharp debate. That was the backdrop for the court’s August 11 action stopping a second deportation, which then led to the broader pause that runs to September 8, 2025.

Wider European implications

• Germany has announced plans to start deporting Syrians with criminal records.
• Other EU governments are monitoring the case, balancing domestic pressure to remove people with serious offenses against legal duties not to conduct removals that could put people at real risk.
• If the court later allows Austria to proceed, more states may follow Vienna’s lead.
• If the court blocks removals after its full review, it could reinforce limits on deportations to Syria across the EU.

Legal scholars warn that conditions inside Syria still pose heavy risks—reports describe arbitrary detention, forced conscription, and weak basic services—any of which can put returnees in danger. Human rights advocates argue forced returns now could breach international law and set a harmful regional precedent. Political analysts note the push for deportations is tied to rising pressure from far-right parties and public demands for a tougher line on crime and asylum.

VisaVerge.com reports that the emergency order highlights how Europe’s human rights system can check national removal plans when life and safety may be on the line. Its analysis notes that serious questions about risk in Syria remain unsettled and will shape what happens after the September deadline.

What to watch before September 8

The court will review Austria’s answers and may ask for more information. It could:

1. Extend the order — keeping deportations paused while more evidence is gathered.
2. Lift the order — allowing removals to resume in certain cases.
3. Move to a full judgment — determining whether Austria’s deportations to Syria would breach the convention.

Two broad outcomes are in play:

• The court keeps the pause or rules that deportations to Syria would violate Articles 2 and 3. That would likely stop forced returns from Austria and could influence other EU members.
• The court lets removals resume in certain cases, likely with strict case-by-case checks on risk. That would encourage other states to attempt returns of people with criminal convictions, while still requiring careful screening.

Practical guidance for Syrians in Austria

The pause is not a legal status and does not grant protection by itself. It simply stops removals while the court reviews the case. People with open asylum or removal procedures should:

• Stay in close contact with their lawyers or legal counselors
• Keep all addresses updated with the Federal Office for Immigration and Asylum
• Prepare any documents that show personal risk if returned to Syria
• Follow trusted updates from the European Court of Human Rights and Austrian authorities

Ongoing debate and next steps

The Interior Ministry says it will press for removals of criminal offenders once the order ends. Rights groups plan to challenge any cases they see as unsafe. EU capitals are watching for clear signals from Strasbourg.

With the first deportation’s outcome unknown and the second blocked at the last minute, the court’s next move will shape how Europe handles deportations to Syria for months to come.