News

Recent cases: Right to the lawful judge

2022-02-09T21:33:18+01:008. February, 2022|

When filing her application for international protection, an unaccompanied minor girl had alleged that her father had tried to force her to marry a man.

The Federal Office for Immigration and Asylum rejected this application with regard to asylum, but granted her subsidiary protection. The Federal Administrative Court subsequently dismissed the appeal against the rejection of the application with regard to asylum as unfounded.

The Constitutional Court ruled on the complaint filed on behalf of my client that her constitutionally guaranteed right to proceedings before the statutory judge (Art. 83 (2) B-VG) had been violated:

In the event of an alleged fear of persecution due to a violation of the right to sexual self-determination, section 20 of the Asylum Act 2005 provides for a hearing before the administrative authority and for a hearing and decision by the Federal Administrative Court by a person of the same sex, unless the party expressly requests otherwise. By deciding on the complainant’s appeal by a judge of male gender, although section 20 (2) of the Asylum Act 2005 was applicable in the present case, the decision of the Federal Administrative Court had to be dismissed.

VfGH 29.11.2021, E 2865/2021 (not yet available in RIS)

“Introduction to Asylum Law: Theory and Practice”

2022-02-08T15:02:19+01:007. January, 2022|

The interactive lecture deals with the national and international legal framework, its relation to the international human rights system as well as current issues and actual cases.

On 10.01.2022 Thomas Becker and I will discuss current problems with the participants on the basis of selected cases from our legal practice, such as the changing situation in Afghanistan and its impact on the decision-making practice of the authorities and courts.

For more information, please see: https://trainingszentrum-menschenrechte.uni-graz.at/de/einfuehrung-in-das-fluechtlings-und-asylrecht-theorie-und-praxis/

Lecture: Prohibition of Torture

2022-02-08T15:02:39+01:0015. November, 2021|

The lecture provides participants with an introduction to the system of human rights protection in general as well as a more in-depth look at selected human rights issues.

On 17 November 2021, at 5:00 p.m. (this year unfortunately again only online, see link below), Renate Kicker and I will discuss selected aspects of this fundamental human right with the participants with a focus on torture prevention in places of deprivation or restriction of personal liberty, such as in prisons and care facilities, or in case of coercive acts by the police.

For more information see: https://trainingszentrum-menschenrechte.uni-graz.at/de/studieren/lehrveranstaltungen/ringlehrveranstaltung-einfuehrung-in-die-menschenrechte/

Constitutional Court on the current situation in Afghanistan

2022-01-14T15:46:53+01:007. October, 2021|

In its decision of 30 September 2021 on the changed situation in Afghanistan following the takeover of power by the Taliban, the Constitutional Court decided that

“on the basis of the country report of 11 June 2021 printed (and dealt with) in the challenged ruling, but in particular on the basis of the “Kurzinformation der Staatendokumentation” of 19 July 2021 (and the broad media coverage available at the time of the decision of the Federal Administrative Court), at the latest as of 20 July 2021, i.e. also at the time of the challenged decision of the Federal Administrative Court, an extreme volatility of the security situation in Afghanistan had to be assumed, so that in any case a situation exists which exposes the complainant, in case of a return to Afghanistan, to a real danger of a violation of his constitutionally guaranteed rights under Art. 2 and 3 ECHR (on the significance of this circumstance for the assessment of the existence of a real danger within the meaning of Art. 2 and 3 ECHR, see e.g. VfSlg. 19.466/2011, 20.296/2018, 20.358/2019; VfGH 6.10.2020, E 2406/2020).”

(VfGH 30.09.2021, E 3445/2021-8, 4.6, https://www.ris.bka.gv.at/Dokumente/Vfgh/JFT_20210930_21E03445_00/JFT_20210930_21E03445_00.pdf

Alumni im Porträt

2021-06-08T15:44:37+02:002. May, 2021|

Alumni Uni Graz visited me in my office and asked me why I chose human rights work, which case was particularly touching, how my studies prepared me for my work and what I would like to achieve with my work.

“Introduction to Asylum Law: Theory and Practice”

2022-02-08T15:03:29+01:0011. January, 2021|

The interactive lecture deals with the national and international legal framework, its relation to the international human rights system as well as current issues and actual cases.

On 11.01.2021 Thomas Becker and I will discuss current problems with the participants on the basis of selected cases from our legal practice.

For more information, please visit: https://trainingszentrum-menschenrechte.uni-graz.at/de/einfuehrung-in-das-fluechtlings-und-asylrecht-theorie-und-praxis/

Lecture: Prohibition of Torture

2022-02-08T15:03:51+01:0025. November, 2020|

The lecture provides participants with an introduction to the system of human rights protection in general as well as a more in-depth look at selected human rights issues.

On 25 November 2020, at 5:00 p.m. (online, see link below), Renate Kicker and I will discuss selected aspects of this fundamental human right with the participants and have been welcoming lively participation for years.

For more information see: https://trainingszentrum-menschenrechte.uni-graz.at/de/studieren/lehrveranstaltungen/ringlehrveranstaltung-einfuehrung-in-die-menschenrechte/

CSD: Show solidarity!
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CSD: Show solidarity!

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CSD: Show solidarity!

2020-06-24T14:16:16+02:0024. June, 2020|

Christopher Street Day commemorates the police violence against LGBTIQA* in New York’s Christopher Street and is an international festive day for queer persons and persons in solidarity. Let’s show how diverse Graz is!

Information at https://www.homo.at/csd2020/

Observations of the Austrian Bar Association 2018/19

2022-02-08T15:04:55+01:007. December, 2019|

In its annual perception report, the Austrian lawyers highlight shortcomings in the Austrian judiciary and administration and make suggestions for improvement.

The planned nationalisation of legal counselling and legal representation of persons seeking international protection meets with massive reservations on the part of the Austrian Bar Association (ÖRAK):

“Professional and independent legal counselling and legal representation solely committed to the interests of the persons seeking protection, most of whom are unfamiliar with the law and often also with the language, is a cornerstone of a fair trial”.

Further information can be found in the report of the ÖRAK, which can be downloaded from the following link: https://www.rechtsanwaelte.at/fileadmin/user_upload/PDF/02_Kammer/Stellungnahmen/Wahrnehmungsbericht/wnb_2018-2019screen.pdf

Betrifft:Asyl

2022-02-08T15:04:33+01:0019. November, 2019|

Free and independent legal advice for asylum seekers in appeal proceedings: Open consultation hours take place every Wednesday from 5 p.m. to 7 p.m. in Pestalozzistraße 59 in Graz (no prior registration necessary, please bring all documents with you).

The colleagues of Betrifft:Asyl explain why Betrifft:Asyl concerns us all:

“In recent years, asylum and alien law has become one of the most complicated legal matters in the Austrian legal system. People who have only recently arrived in Austria and who often escape from conflict regions are personally affected by this complex legal matter. The decision of the Austrian asylum authorities determines their future, but often remains incomprehensible to them at first.

If asylum seekers want to have the official decision reviewed by independent judges, they are regularly dependent on legal support. However, access to justice should not depend on how much money you have or where you come from. ZEBRA is a non-profit organisation that has been working to promote human rights for over 30 years. The voluntary initiative Betrifft:Asyl complements the diverse range of services offered by the Intercultural Counselling and Therapy Centre – and makes the law accessible. In our open consultation hours, we explain official decisions and answer questions on asylum procedures. We provide free and independent advice. Through legal research and the drafting of statements, we support asylum seekers in the effective implementation of their rights in appeal proceedings.

We believe that Betrifft:Asyl affects us all, as equal access to justice is the foundation of our constitutional state. Through our counselling services, we want to help ensure that everyone is equal before the law. If human rights are only guaranteed in theory, but cannot be enforced in practice, they are ultimately worth nothing. That is why the voluntary commitment of our team, consisting of experienced lawyers supported by dedicated law students, is priceless. In order to be able to continue to offer free and independent legal advice, we depend on voluntary donations. Every Euro will make the law simple:

https://www.zebra.or.at/onlinespenden (in the field “Comments” please state “Betrifft:Asyl” as the reason for payment).

We would like to thank Dr. Thomas Becker, RAⁱⁿMag.^a Sarah Kumar and RA Mag. Taner Önal for their professional support and legal supervision. Further cooperation partners are the European Training and Research Centre for Human Rights and Democracy and Diakonie Graz. We would like to take this opportunity to thank Ronald Frühwirth in particular for his encouragement and support in the initial phase of the project.”

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