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.
If you are not yet using our customer portal, you can do so using the following link https://my.awak.at/login to register.
2023-11-13 01:18:55
