Positive decision family man
Family man receives a fair trial
John O. has been in Vienna for the last seven years. After a double negative decision of the asylum proceeding he lacked a residence permit. However he integrated himself, and now has a wife and two children, which both have permanent residence status. His wife goes to work, he is a stay at home dad and manages the household and raises the children. He applied for a family visa, which was rejected by the first authority.
At the Administrative Court, the second the authority, a hearing was not possible: the judge harshly stated that asylum seekers don't stand a chance with him. The wife had to wait outside and could not give any statements. The famil was distraught and did not understand what happened.
What can be done here?
The Supreme Courts helps against capriciousness
We resorted to the Supreme Court (SC).
The court can suspend a decision if the judge acted capriciously.
In effect the court suspended the decision.
The judge is obligated to review the personal circumstances of the appellant and determine if a family father is indispensable for the wellbeing of children.
That is to be assumed as he is a stay at home dad and manages the household.
Second negative is not the "final destination"
A negative decision from the second level authority is the emotional end for many people: after a year long process there is only a written proceeding at the. However, here it is possible to get positive decisions, if the proceeding at the second level contained flaws. Here we gained excellent experiences. The High Courts especially defend the right to a fair trial relentlessly, which is oftentimes a shortcoming of courts at the second level. Ultimately this has happened often recently.