According to European High Court/Regional High Court/as well as Federal Finance Court, Mrs. A., since the birth of her first child, Mrs. A was legally residing in Austria. Her right of residence was of considerable importance, as the child was depedent on her mother. Her basic rights with respect to family life and the wellbeing of the child had to be considered. It was also self-evident that an Austrian citizen could not be expected to leave Austria, as the issuance of a ban for citizens was to be noted, not only to gain residence in another European Union country. Since it was in the best interest of both children, especially that child that was being nursed and was dependent on the mother, a strong case of dependency undoubtedly existed. 

There was also no case of exceeding the duration of visa-free stay due to her legal residence. The tenancy rights to an appartment was not a prerequisite for exercising her right to residence according to EU law. As she was entitled to social benefits (child money, family allowance, see case law mentioned above), the family's income was sufficient, even though Mrs. A would resided in Austria legally without income. 

In its decision from October 2019, the Administrative Court (AC) granted the appeal of Mrs. A, suspended the contested decision and issued her a residence permit-family member for the duration of twelve months.