In principle, persons entitled to asylum or persons in need of subsidiary protection can have their residence permit withdrawn under certain conditions. But minor crimes are not enough. Administrative offenses like throwing firecrackers certainly don’t. “For this, there must be a final conviction for a particularly serious crime,” says Linz lawyer Andrea Blum. Specifically, this means a prison sentence of at least three years. In addition, there must be a public danger, for example if the person has already been convicted several times. Even that is not enough, because then there is a trade-off between private and public interests. Here, for example, it is examined whether the person is in danger in their home country, whether they have a job or whether they have a family life in Austria.
Three instances up to a possible deportation
If the Federal Office for Immigration and Asylum issues a deprivation notice, the person concerned can file a complaint within four weeks, which the Federal Administrative Court then decides on in an oral hearing. This decision can then still be challenged at the Constitutional Court or through an extraordinary appeal before the Administrative Court. Only when everything holds up can theoretically be deported. In practice, however, this is not so easy either. Deportations to Afghanistan or Syria are currently not possible because there are no flight connections and above all because the security situation does not allow it.
“A lot of procedures”
But the effort does not fail, as lawyer Blum says: “We have a lot of revocation procedures in the office, which are being initiated very quickly by the Federal Office for Immigration and Asylum.”
Source: Nachrichten
