Seminar on Basics of Migration Law and Procedural Tips

Seminar goal

Asylum law, immigration law, settlement and residence law, displaced persons law… Migration law is a broad field, a complex legal matter, presented as an intersection of Union law, national law and international law and shaped by legal-political viewpoints. Around half of all appeals pending before the Constitutional Court come from this area of ​​law. Eight of the 22 senates at the VwGH deal almost exclusively with asylum and migration law. Because of the significant number of legal aid cases alone, lawyers can hardly avoid this area of ​​law. The seminar offers an overview of the basics, tries to weave a common thread between the individual topics and impart useful information for procedural assistants.

Sequence

Tuesday, March 12, 2024

Block 1: International and temporary protection

09.00 – 09.15
Overview of the legal sources (GFK, Status-RL, AsylG 2005, etc.)

09.15 – 10.15
Refugee concept: acts of persecution, reasons for persecution, well-founded fear

10.15 – 10.30
Subsidiary protection: differentiation from asylum status, presentation of the criteria (serious damage, real risk)

10.30 – 11.00
Pause

11.00 – 11.20
temporary protection: basic idea, EU legal framework, concrete implementation for displaced people from Ukraine (in the Union and in Austria); Relationship to international protection

11.20 – 11.35
Procedural law: structure of asylum decisions, the course of the procedure and responsibilities

11.35 – 11.50
Space for discussion, summary

Block 2: Right of settlement and residence

11.50 – 12.30
Principles of this area of ​​law (personal application, foreign application, grant requirements and reasons for refusal), description of the general part of the NAG and responsibilities

12.30 – 13.30
lunch break

13.30 – 14.00
Types of stay and residence permits

Block 3: Termination of residence

14.00 – 14.30
Return decision and right to remain (Article 8 ECHR, Sections 55 to 57 AsylG 2005)

14.30 – 15.00
Entry ban, expulsion and residence ban as well as toleration

15.00 – 15.30
Pause

Block 4: Procedural law and practical tips

15.30 – 15.50
Procedural special features (Section 20 Asylum Act 2005, family proceedings, age determination, etc.)

15.50 – 16.15
Checklists on deficiencies in BVwG decisions and on questions of responsibility related to the BVwG

16.15 – 17.00
Strategic: When to call VwGH, when to call VfGH; Presentation of the procedural processes there and current case law trends

information

The script for this seminar is provided exclusively in digital form.

The digital script for your booked seminar is available to you approx. 24 hours before the start of the seminar in our Customer portal myawak.at for Download available. In exceptional cases, we only receive the script from the speakers shortly before the seminar begins. We ask for your understanding in these cases.

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