ABOUT THE OFFICE
Law on asylum and
related to aliens
Representing clients in the entire asylum process: accompanying clients at interviews at the Federal Office for Immigration and Asylum, representing clients in complaints-proceedings before the Federal Administrative Court, representing clients in revision proceedings before the Supreme Administrative Court and in proceedings before the Constitutional Court, advising clients on legal matters concerning return decisions, deportation and residence prohibition.
My practice areas are particularly in the following fields:
Immigration
to Austria
Legal advising and representing clients in proceedings related to any form of residence/settlement permit (including the Red-White-Red Card, settlement permit - gainful employment excepted, long-term resident – EU or family reunification) and a work permit according to the law on the employment of foreign nationals.
Law on
citizenship
Legal counselling and representation in proceedings for the acquisition of Austrian citizenship, in particular also obtaining Austrian citizenship for persecuted persons by the Nazi regime and their descendants by means of so-called notification.
Fundamental and
human rights
Complaints-proceedings before the Constitutional Court, the Court of Justice of the European Union and the European Court of Human Rights.
German law
Particularly German aliens law and right of Asylum.
Communication can be established in German, English, Czech and Slovak.
In addition Arabic, Persian and Russian interpreters with relevant education are provided.
The fee will be arranged case-by-case at the first meeting.
VfGH, E 1241/2020 a.o. (Uzbekistan):
No examination of the security situation concerning the children by the Federal Administrative Court.
VfGH, E 2975/2021 (Afghanistan):
The Federal Administrative Court`s failure to deal with the rapidly changing situation regarding the armed conflict between the Taliban and the Afghan government and its troops.
Decisions of the
Constitutional Court
VfGH, E 4227/2021 (Afghanistan):
Lack of examination by the Federal Administrative Court of the country reports on the security and supply situation in Afghanistan - continued extreme volatility of the security situation since July 2021.
VfGH zu E 2994/2021 (Syria):
Lack of examination by the Federal Administrative Court regarding the threat of forced recruitment by Kurdish fighters.
VfGH, E 2452/2022 (Gaza Strip):
Lack of consideration of UNHCR's position on general situation in Gaza Strip. Decisions of the Supreme Administrative Court
VwGH, Ra 2020/18/0326 (Mongolia):
Failure of the Federal Administrative Court to call in an expert to investigate the extent of the illnesses, the need for and possibilities of treatment as well as the intensity of the associated suffering and possible shortening of life expectancy.
VwGH, Ra 2021/21/0061:
Obligation of the Federal Administrative Court to assess whether detention pending deportation can be maintained if deportation cannot be realised within the regular maximum period of detention pending deportation.
Decisions of the
Supreme Administrative Court
VwGH, Ra 2021/22/0020:
Failure of the administrative court to compulsorily notify the provincial police directorate in case of reasonable suspicion of a marriage in residence.
VwGH, Ra 2021/21/0088 (Egypt):
Unlawful omission of an oral hearing by the Federal Administrative Court due to a lack of discussion on the question of whether stays abroad have changed the centre of one's life interests.
VwGH, Ra 2022/18/0284 (Iran):
No concrete findings by the Federal Administrative Court on the threat of persecution by the Iranian intelligence service in the event of return.
VwGH, Ra 2022/14/0343 (Syria):
Unlawful omission of an oral hearing due to additions to the BFA's (Bundesamt für Fremdenwesen und Asyl) assessment of evidence by not merely insignificant independent considerations of the Federal Administrative Court.
CONTACT
T +43 (1) 353 50 05 100
M +43 (0) 664 212 40 16
F +43 (1) 353 50 05 900
office@messerschmidt.lawyer
ADDRESS
RA Dr. Eva Jana Messerschmidt
Freyung 6/7/2
Schottenhof, Stiege VII, 2. Stock
1010 Wien