Right to private and family life RESIDENCE PERMITS BASED ON HUMANITARIAN REASONS In the Annual Reports 2007 and 2008 to the National Council and the Federal Council, the AOB used individual cases to illustrate that the earlier regulations regarding residence permits based on humanitarian reasons were insufficient. The requirements of Art. 8 ECHR, right to a private and family life, were not taken sufficiently into consideration within the scope of implementation. Previous practice This concerned cases, in which the priority of the protection of private and family life was in itself evident, but nevertheless the filing of an application in Austria for a residence permit was not permitted by the Federal Ministry of the Interior. Respectively, a residence permit based on humanitarian reasons was not granted. Generally, it was argued that public safety and order have priority. Reform process The Constitutional Court stipulated criteria in September 2007 that must unconditionally be taken into account in considerations pursuant to Art. 8 ECHR. For these considerations primarily case law of the European Court of Justice for Human Rights was consulted. The rulings of the Constitutional Court subsequently had the result that the Settlement and Residence Act was comprehensively reformed. The AOB participated actively in this reform process and gave a positive statement on the new draft law. The respective amendment took effect on 1 April 2009. Positive expecta- Based on concrete cases, the positive expectations of the AOB have been confirmed. Several investigative proceedings, some of which had been ongoing for many years, were finally completed in the reporting year. Sporadically occurring complaints, however, involved legally problematic areas. For example, applications for residence permits based on humanitarian reasons have no suspensive effect regarding the applicant’s ability to stay in Austria. If the persons affected are repatriated during the course of such proceedings, there is no legal way to obtain a residence permit based on humanitarian reasons for Austria. In order to obtain a positive ruling, the person affected must reside in Austria. tions confirmed 34