Case Law

17 November 2011 | Judicial Body: Austria: Higher Administrative Court (Verwaltungsgerichtshof) | Topic(s): Family reunification - Residence permits / Residency | Countries: Austria - Turkey

15 November 2011 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Residence permits / Residency | Countries: Austria - Turkey

29 September 2011 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Residence permits / Residency | Countries: Austria - Turkey

23 June 2008 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Crime prevention - Expulsion - Pre-trial detention - Residence permits / Residency | Countries: Austria - Bulgaria

22 March 2007 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Crime prevention - Expulsion - Pre-trial detention - Residence permits / Residency | Countries: Austria - Bulgaria

This judgment will become final in the circumstances set out in Article 44 subject to editorial revision. The applicant is a national of Bosnia Herzegovina who went to Austria in 1991 to join his mother who was already living and working there. Following several criminal offences (burglary, possession of arms) he was issued with a 10 year residence prohibition in 1995. This decision was confirmed in successive appeals and the applicant was deported to Bosnia Herzegovina in 1997. Before the Court, the applicant complained that the residence prohibition constituted an interference with his right to family life and consequently a violation of Art. 8 § 1 of the ECHR. The Court indicated that its task in such cases was to determine whether a fair balance was struck between the States' interests (prevention of crime) and the applicant's rights. In this case, the Court noted that the applicant was 16 when he was expelled. Moreover, Bosnia had just been through a conflict and the applicant's father has been reported missing since the end of the conflict. There was no evidence that he still had relatives living there. Turning to the criminal offences, the Court considered that while the applicant was convicted twice for burglary, he was only given conditional sentences of imprisonment. Moreover, there were no indications that he made use of the arms for which he received a prohibition of possession. Based on all these elements, the Court decided the Austrian authorities did not strike a fair balance between the interests at stake. Consequently there was a violation of Art. 8 of the ECHR.

6 May 2003 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Residence permits / Residency | Countries: Austria - Bosnia and Herzegovina

22 May 2001 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Criminal justice - Denial of nationality - Expulsion - Residence permits / Residency - Right to family life - Rights of non-citizens - Statelessness | Countries: Austria - Nigeria