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Key facts of the case:

The public authority rejected the application of the claimant regarding a residence permit for the purposes of family union (Familiengemeinschaft) with her husband (Austrian citizen) according to § 11 (2) 4 and 5 Permanent and Restricted Residency Act (Niederlassungs- und Aufenhaltsgesetz). The claimant entered Austria illegally and filed an application for asylum in 2002. The application was rejected on 28 November 2005 and the procedure closed. On 25 November 2005 the applicant married an Austrian citizen and filed the application in question.