BFA issues statement on the alleged impending deportation of two siblings to Nigeria

The Federal Office for Immigration and Asylum (BFA) has issued a statement on the alleged impending deportation of two siblings to Nigeria, as the case had an extensive media coverage in Austria.

The BFA stated that the siblings' applications for international protection were rejected in March 2019 and that the BFA issued return decisions, and found that deportation to Nigeria was permissible. The siblings lodged an appeal against the decisions of the BFA. The decisions were subsequently upheld by the Federal Administrative Court (BVwG) and the Supreme Administrative Court (VwGH). In October 2022, the BFA rejected their applications for residence permit on humanitarian grounds and issued another return decisions. Their appeals were dismissed by the BVwG and VwGH.

The subsequent applications were rejected by the BFA in October 2023 as well as in May and June 2025. The decisions were upheld by the BVwG and VwGH. The BVwG issued return decisions, and due to their persistent failure to comply with their obligations to leave the country, a two-year entry ban was imposed in each case. An appeal against the decision of the BVwG is currently pending before the Constitutional Court.

Furthermore, the BFA stated that the siblings failed their obligation to cooperate in the procedure to obtain a Return travel certificate. In March 2026, the siblings were arrested on the basis of an arrest warrant and were presented to the Nigerian Embassy to obtain the Return travel certificate.

The statement continues that the BFA is bound by court decisions and must implement them once they have become final. In this context, preference is given to voluntary returns. The siblings requested assisted voluntary return in April 2020 and were granted deferral until they receive their high school diplomas. The BFA stated that the siblings did not comply with their obligation subsequently.

Finally, the BFA stated that, once a final return decision has been issued and the obligation to leave the country has not been complied with voluntarily, it must carry out the removal as soon as possible in accordance with the relevant national provisions and take all necessary measures to this end. This procedure is currently ongoing at the time of this statement.