Loud Embacher is this no less than a “breakthrough for the children rights. After eleven years, the constitutional law finally taken seriously and in the future hopefully also used in similar cases”.
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To the history, about the profile detailed: On January 28, 2021 was Tina together with her mother Nino and her younger sister deported to Georgia become. Friends and schoolmates of the 12-year-old protested in front of the detention center in Vienna-Simmering. The protest was popular and attracted media attention. Greens showed solidarity. In the green-turquoise coalition, there was a crunch in the woodwork. Nevertheless, the Flew family to Georgia.
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Just before the year was drawing to a close, Tina was back in Vienna. Attorney Wilfried Embacher war after Flew Georgia to pick them up. profile accompaniede the return of young people meanwhile received Tina a student visa. She is now going back to high school, from which she was abruptly torn from more than a year ago when she was deported.
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The Federal Administrative Court is now asking about thisht ab: 16 months had passed between the legally binding return decision from 2019 and the actual return of the family. The Federal Administrative Court points out in the new finding that at child deportations „the best interests andd to examine the well-being of these children” and especially that „Degree of difficulties they encounter in their home country and social, cultural and family ties to both the country of residence and the country of origin to be taken into account”.
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It is a priority to consider“where the children were born, in which country and in which cultural and linguistic environment they lived, where they received their school education, whether they speak the language of the country of origin and, in particular, whether they are of an adaptable age“ – You bet “from the From the point of view of the well-being of the child, there is more to remain in Germany than to return to the country of origin, and this private interest with the public interest in a peaceful coexistence of people of different origins and thus social cohesioncommunity in Austria”.
At the time of the last decision to return, Tina was eleven years old, her sister Lea was almost four. until her deportation the older one spent more than ten years of their life in Austria and thus “experienced their basic socialization in Austria”, held the Federal Administrative Court. Although have their mother a “persistent, qualified disregard of the provisions under alien law”. However, there was no “particular danger” to be seen in their behavior. At least she did the woman never received an entry ban.
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