Question juridique clé
Whether the Federal Supreme Court could hear an administrative law appeal against the asylum commission's interlocutory recusal decision.
Solution extraite
No; because the underlying merits decision was not appealable to the Federal Supreme Court, the interlocutory recusal ruling was likewise not appealable.
Motifs extraits
Under Art. 105 AsylG and Art. 100(1)(b) nos. 2 and 4 OJ, the asylum commission decides finally on asylum refusal and removal. If the final decision is excluded from administrative appeal, an incidental decision in that proceeding is also excluded by Art. 101(1)(a) OJ under the unity of proceedings.