Nigerians receive a humanitarian residence permit after 14 years
Nigerian receives a humanitarian visa after 14 years
Mr. S comes from Nigeria und lodged an application for asylum in Oktober 2004. In July 2012 the Federal Asylum Office rejected the application, did not grant him subsidiary protection and concluded that a deportation to Nigeria is permissible. After he appealed the decision in time, in November the Federal Asylum Court (FAC) rejected the appeal, however sent the matter back to the Federal Asylum Office (FAO) to review the admissability of an expulsion.
With its decision from February 2018, the FAO then rejected the application for a humanitarian visa, issued an expulsion order and concluded that the deportation to Nigeria of Mr. S. was admissable. In effect, he lodged an appeal in March 2018 to the FAC, which rejected the appeal with its decision of October 2018.
Subsequently in Dezember 2018, Mr. S. lodged an appeal to the Supreme Administrative Court (SAC), which in its decision of March 2019, rejected the appeal concerning not granting a humanitarian visa according to § 57 Asylum Law, however suspended the contested decision due to unlawful content.
The SAC grounded its decision in the fact, that the appeal with regards to the expulsion order and connected statements was admissable and justified, as the Federal Asylum Court deviated from existing case law of the SAC with regards to consideration of interests. In the process of the consideration of interests, the FAC did not attribute the appropriate substance of Mr. S's long duration of stay of more than 14 years according to SAC case law.
Mr. S. exhibited several integration efforts, did not have a criminal record and stayed for more than 10 years in Austria, which is why
his personal interests to stay in Austria dominated.
As a result, the FAC in its decision of April 2019 issued Mr. S. a humanitarian visa.