Asylum & Immigration Law
In asylum and immigration law I represent clients before the Federal Office for Immigration and Asylum (BFA), MA 35 in Vienna, as well as before the competent administrative courts. I handle complaints against decisions, proceedings regarding residence titles and citizenship, as well as measures such as detention pending deportation, and support hearings before administrative courts. If required, I also draft legal remedies to the Constitutional Court and the Administrative Court.
Key focuses
- Right to asylum and subsidiary protection (decisions, complaints, toleration, detention pending deportation)
- Residence titles, citizenship law
- Complaints for failure to decide
- Applications to set a time limit
- Representation before administrative authorities and administrative courts
- Legal remedies to the Constitutional Court and the Administrative Court
- Mandate decisions (withdrawal of passport documents)
- Detention pending deportation
- Children’s rights and the right to family life
- Family reunification
FAQ
I have received a negative decision regarding my residence title, what are the next steps?
Decisive is to examine the decision immediately, in particular the time of service, the reasoning and whether suspensive effect has been excluded. In many cases, a complaint to the competent administrative court is recommended, which should be well reasoned. It is sensible to structure early the file situation, the statements made to date and any new facts or evidence. The earlier the review is carried out, the greater the scope for action.
I am facing detention pending deportation or deportation, what can I do?
In acute situations, time matters. It is important to secure all documents immediately (decisions, minutes, summons, travel documents) and to clarify service, because time limits depend on it. Depending on the case, legal steps against the measure, applications for suspensive effect or further proceedings to clarify residence status may be possible. Whether and which steps are sensible depends on the file situation, prior decisions and the specific measure. A rapid legal review is decisive in order to react within the time limits.
When are the Constitutional Court (VfGH) or the Administrative Court (VwGH) relevant and does that make sense in my case?
Legal remedies to the Constitutional Court or the Administrative Court against decisions of the administrative courts require special prerequisites. Relevant is whether a constitutional question or a legal question of fundamental importance exists. In addition, the stage of the proceedings and deadlines play a central role. Whether a quashing by a court of last resort is realistic can usually be assessed seriously only after reviewing the decision, the reasoning and the prior course of the file. An early review prevents deadlines from being missed.