About us
Our track record
We are proven winners. In our decades-long practice, we have successfully represented hundreds of clients. Our groundbreaking work has been covered by the nation’s most prominent newspapers – Kurier, Die Presse, and Der Standard – on many occasions.
Our job is done once your legal issue is resolved. We are not satisfied until you hold your citizenship, residence permit, or government approval notice in your hands. Our goal is to make your life easier – to reunite you with your loved ones, or to allow you as a business owner to focus on the business while we handle the authorities.
Below is a selection of administrative and Supreme Court wins of our firm.
Migration law, Asylum law
- Austrian Constitutional Court dated 11.12.2020, G 4/2020-27
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
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
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
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
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
- Administrative Court Tyrolea, 11.2.2020, LVwG-2019/26/0890-16
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
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
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
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.
Environmental law
- Lower Austrian Administrative Court dated 28.4.2014, LVwG-AB-13-0195
Public complaint against the pollution of the environment; suspension of the decision by the district of Korneuburg rejecting on the complaint; court‘s order to a follow-up on the complaint and carry on comprehensive investigations.
- Austrian Supreme Administrative Court dated 29.6.2017, Ra 2017/04/0036
Suspension of a decision by the lower Austrian administrative court on the approval of the construction and operation of a hydropower plant in Grafenwörth by the Lower Austrian regional government.
Electricity law
- Decision by the Lower Austrian government dated 1.9.2014, WST6-E-14091/001-2011
Legally binding determination of the qualification of power lines as a „direct line“ between hydropower plant and an industrial plant.
Visa and residence law
- Austrian Supreme Administrative Court dated 5.5.2015, Ro 2014/22/0008
Suspension of a decision by the governor of Vienna, magistrate department 35, regarding the dismissal of an application for a residence permit without a permission to work.
- Vienna Administrative Court dated 31.3.2017, VGW-151/011/4127/2017 (not yet published online in the public database of jurisdiction)
Suspension of a decision by the governor of Vienna, magistrate department 35, ref. dismissal of an application for a residence permit for a student.
- Lower Austrian Administrative Court dated 31.8.2017, LVwG-AV-616/001-2017
Our client, a citizen of Bosnia and Herzegovina, is a trained tiler. We applied for a Red-White-Red Card for other key workers for him and his employer, an Austrian construction company. The applicant achieved a sufficient number of points in accordance with Appendix C to the Austrian Foreign Employment Act (“Ausländerbeschäftigungsgesetz”, short: “AuslBG”) and met all the general requirements for the requested residence permit. Nevertheless, the immigration authority refused to grant the residence permit (Red-White-Red Card for other key workers).
We successfully challenged the negative decision. Following our complaint, the Lower Austria Regional Administrative Court (Landesverwaltungsgericht Niederösterreich) ordered the immediate issuance of the requested residence permit (Red-White-Red Card for other key workers).
- Federal Administrative Court dated 18.6.2019, W156 2219513-1/5E
Our client had applied for Red-White-Red Card for key workers. The Austrian Labour Market Service (AMS) denied the awarding of points for her university studies, her German and English language skills. With regards to the German and language skills, the AMS argued that the respective certificates must not have been issued more than one year before the date of application. However, this requirement has no legal basis.
Following our appeal, the Federal Administrative Court (Bundesverwaltungsgericht) suspended the negative decision by the AMS. The AMS was instructed to review their decisions and take into account the correct legal position following our pleading. The AMS had to recognize all the proven qualifications like university degree, language certificates, professional experience et cetera and issue a positive statement in favour of the admission of our client as a key employee. Consequently, the immigration office instantly issued the ‘red white red card for other key workers’ to our client. She went on to be stay and work in Austria.
- Vienna Administrative Court dated 30.3.2020, VGW-151/083/15628/2019
In this proceedings, we successfully represented a third-country student at an Austrian university.
The residence authority (MA 35) had rejected this student’s application for extension of his residence permit due to a lack of success in studying. The Vienna Administrative Court had confirmed this decision. We have appealed the decision of the Vienna Administrative Court. The Supreme Administrative Court has granted suspensive effect to this appeal (Austrian Supreme Administrative Court dated 27.6.2017, Ro 2017/22/0087). This allowed our client to stay in Austria for two and a half years.
In the following new procedure, we achieved the grant of a new residence permit-student before the Vienna Administrative Court. The Vienna Administrative Court ruled that in view of his very good German language skills, excellent study results and the sustainable integration in Austria, the application in Austria must be approved and the application must be granted.
We are pleased with this success, which enables our client to finish his studies in Austria and plan his professional future in Austria.
Educational law
- Federal Administrative Court dated 26.8.2015, W203 2107895-1
Suspension of a decision of the Vienna School Board closing down a private school due to alleged formal defects in proceedings for the notification of the school principal.
- Federal Administrative Court dated 16.9.2015, W203 2113677-1
Suspension of a provisional injunction issued by the Vienna School Board ordering the immediate suspension of school operations.
- Federal Administrative Court dated 26.01.2016, W203 2113677-2
Suspension of a decision by the Vienna school board to prohibit the operation of the school.
- Federal Administrative Court dated 10.2.2016, W224 2111561-1
Suspension of a decision by the Vienna School Board prohibiting the employment of a biology teacher and relegation of the proceedings to the Vienna School Board.
- Federal Administrative Court dated 10.2.2016, W224 2111279-1
Suspension of a decision by the Vienna School Board prohibiting the employment of a history teacher and relegation of the proceedings to the Vienna School Board.
- Austrian Supreme Administrative Court dated 9.8.2016, Ro 2016/10/0016
Successful intervention in favor of the school operator before the supreme administrative court following an appeal against the decision of the Federal Administrative Court by the Vienna School Board.