- Austrian Constitutional Court dated 11.12.2020, G 4/2020-27 – Decision
In one of the most high-profile cases on the freedom of expression and freedom of religion in Austria in recent years, the Austrian Constitutional Court sided with us and our clients. The court declared that a ban on head coverings for children at school under the age of 10 was unconstitutional, and a disproportionate invasion of privacy, while discriminating against individual faiths and practices in a way that could not be justified.
- Austrian Supreme Administrative Court dated 3.9.2015, Ro 2015/21/0030 – Decision
Suspension of an order of detention preceding deportation; implementation of the so-called Dublin III-regulation.
- Austrian Supreme Administrative Court dated 24.5.2016, Ra 2016/21/0008 – Decision
Suspension of a decision by the federal administrative court ref. Restitution of a detained client, such that he maintained his right to appeal against a ban of residence decision.
- Supreme Administrative Court 29.1.2020, Ra 2019/18/0367 – Decision
Deprivation of the status of subsidiary protection and withdrawal of the temporary right of residence in Austria successfully challenged.
The Federal Authority for Migration and Asylum and the Federal Administrative Court have to consider the legal validity of former decision on the extension of the status of subsidiary protection and the respective right of residence. They are not allowed to deprive a person of this status if the situation has not substantially changed since the last extension of the status and residence permit.
- Supreme Administrative Court 30.4.2020, Ra 2019/21/0344 – Decision
Unlimited entry ban imposed by authority suspended by the Supreme Administrative Court
Successful appeal against an unlimited entry ban
In the case of a Turkish citizen resident in Austria who was deported to Turkey because of a criminal conviction in Germany and who was subject to an unlimited entry ban, our law firm has effectively achieved the granting of an extraordinary appeal by Austria’s Supreme Administrative Court. The Court quashed the decision of the Federal Administrative Court to impose an unlimited entry ban.
Since the applicant was born and raised in Austria and his core family also resides in Austria, the Supreme Administrative Court considered the imposition of an unlimited residence ban illegal.
When determining the duration of an entry ban, the authorities and courts have to apply a case-by-case assessment. In doing so, not only the behaviour of the third-country national up to that point must be taken into account, but also his or her private and family life. In the present case, the imposition of an unlimited entry ban was not justified, because the appellant could no longer return to Austria even if the risk emanating from him was reduced and it would not be reasonable for his family to move to Turkey. The decision of the Federal Administrative Court regarding the admissibility of the unlimited entry ban was therefore unlawful. This enabled our client to return to his family in Austria.
Administrative offenses and penalties
- Lower Austrian Administrative Court dated 28.1.2014, LVwG-HL-12-2081
Complete suspension and waiver of further prosecution of a penalty for infringement against gambling regulation.
- Vienna Administrative Court dated 15.2.2017, VGW-041/003/12211/2016
Complete suspension of two penalties issued by the Vienna magistrate, waiver of for the prosecution of two trade managers representing a construction company, alleged infringement of a subcontractor against the Foreign Labour Act.
- Administrative Court Tyrolea, 17.12.2019, LVwG-2019/25/1430-12 – Decision
- Administrative Court Tyrolea, 11.2.2020, LVwG-2019/26/0890-16 – Decision
The financial police had encountered several workers employed by an international company at a construction site. The municipality of Innsbruck initiated administrative penalty proceedings against the principal‘s CEOs for infringement of the obligations to notify labour secondments and posting of workers to Austria, documentation and provision of information to the authorities according to the Austrian Wages and Social Dumping Act („Lohn- und Sozialdumping-Bekämpfungsgesetz“, short: „LSD-BG“). The penalties reached a high five-digit amount.
Our sucessful appeal led to a suspension of the penalty decisions and administrative penalty proceedings. The Administrative Court Tyrol came to the conclusion that the contractor was acting independently and therefore the CEOs of the principal could not be held liable for the alleged infringements. There were no indications for a temporary employment of the subcontractor’s workers by the principal. The principal’s CEOs cannot be held responsible for infringements of the obligations to notify, keep records and provide documentation on labour secondments of their subcontractor.
- Austrian constitutional court dated 11.6.2011, U 230/12 – Decision
Asylum case. We managed to prevent the expulsion (from Austria) of our client. The decision by the asylum court was overruled due to defects of the preceding investigations, failure to consider the year-long residence of the applicant in Austria etc.
- Austrian constitutional court dated 22.11.2012, U 1150/12 – Decision
Asylum case. Suspension of a decision by the asylum court due to failure to duly consider submitted facts of the case, failure to adequately investigate into the facts, the effects of the investigations by court; arbitrary decision by the asylum court (in this case: decision based on an incomplete country report).
- Austrian Supreme Administrative Court dated 12.9.2013, Ra 2012/21/0110 – Decision
Our client was released after being held by the authorities unlawfully. Custody proceeding detention, suspension of the administrative order of detention. Proper residence and family life in Austria. Inadequacy of detention.