Private and family life
The right to respect for private and family life (Privat- und Familienleben) under Article 8 ECHR protects a person's ties and limits when immigration measures may interfere with them.
Respect for private and family life (Privat- und Familienleben) is guaranteed by Article 8 of the European Convention on Human Rights and is a core safeguard in Austrian immigration cases. Before issuing an entry ban or a return decision, the authority must consider the person's family relationships, length of residence, integration and other personal ties in Austria.
Any interference with this right must pursue a legitimate aim and be necessary in a democratic society. This is where the principle of proportionality applies: the public interest in the measure is weighed against the impact on the individual and their family.
A measure that ignores strong family or private ties, or that is disproportionate to the threat established, can be set aside on appeal. The strength of these ties is often decisive in immigration proceedings.
More on einreiseverbot.at
Legal basis
- Art 8 ECHR
Statutory texts for orientation; the version in force at the relevant time prevails.
This explanation gives a general overview of Austrian law and does not replace advice in an individual case. The specific circumstances of your case are always decisive.
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Proportionality
Proportionality (Verhältnismäßigkeit) requires that an immigration measure be suitable, necessary and reasonable in relation to the aim it pursues.
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Entry ban
An entry ban (Einreiseverbot) prohibits a third-country national from entering and staying in the territory of the member states for a defined period.
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Return decision
A return decision (Rückkehrentscheidung) is the order that obliges an unlawfully staying third-country national to leave Austria and the territory of the member states.
Entry ban, return decision, a running appeal deadline?
In immigration law, deadlines and the right argumentation decide. Call us directly or send an email, callback within one business day.
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Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000