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Austria / Supreme Administrative Court / 2011/21/0278

(a) An anonymised Ukrainian national (b) Independent Administrative Tribunal (Unabhängiger Verwaltungssenat) of Upper-Austria (Oberösterreich)

Policy area:
Justice, freedom and security
Deciding Body type:
National Court/Tribunal
Deciding Body:
Austria / Supreme Administrative Court
Type:
Decision
Decision date:
14/06/2012

Key facts of the case:

A Ukrainian national was granted an Austrian “proof of settlement” (Niederlassungsnachweis) on 24 June 2005. Due to several criminal acts (bodily, criminal acts under the Austrian law banning National Socialist activities (Verbotsgesetz), aggravated theft, various offences under the Austrian law on addictive drugs (Suchtmittelgesetz) as well as systematic theft), the District Commission (Bezirkshauptmannschaft) Urfahr-Umgebung initated proceedings to expel the Ukrainian national. He was interrogated on 5 May 2010 by the District Commission. After the interrogation, the competent officer made a note to his files stating that he would not expel the Ukrainian national due to the impression which he gained during the interrogation. The competent Federal Police Directorate (Bundespolizeidirektion) nevertheless continued with the proceedings and issued a prohibition to stay (Aufenthaltsverbot) for the duration of 10 years on 26 May 2011. The Ukrainian national appealed against this decision to the Independent Administrative Tribunal of Upper-Austria who confirmed the prohibition to stay but limited its duration to five years without an oral hearing of the case. The Ukrainian national also appealed against this ruling to the Administrative Court.