However, the Higher Administrative Court stated that it cannot be the intention of the legislator not to enable de facto protection against repatriation at least for such cases. While the Federal Ministry of the Interior argued that the statutory provision does not provide for "de facto protection against repatriation”, this problematic area was taken into consideration in the Aliens Law Amendment Act 2009, which came into effect in January 2010. Applications for residence permits based on humanitarian reasons continue to not constitute a basis for the right of residence. However, the authorities must wait with a repatriation if a proceeding to issue an order for a re­wpatriation was not initiated until after the application was made and the granting of a limited residence permit is probable. However, the non-existence of protection against repatriation continues to be problematic for residence permits based on humanitarian reasons with regard to Art. 8 ECHR, because – as previously mentioned – these permits can only be granted to foreign nationals who are currently residing in Austria. Once the person in question has been repatriated, a residence permit based on humanitarian reasons can no longer be granted, even if sufficient criteria exist relative to the protection of private and family life. Some problems remain TRAFFIC MIRROR IMPAIRS PRIVACY Ms. N.N. complained to the AOB that the municipality installed a traffic mirror on the sidewalk across from her house in such a way that passers-by had a direct view to and through the main window of her house. Therefore anyone on the street was able to determine who was in the living room of her house and was, for example, sitting on the couch and chairs. Ms. N.N. felt that this was impairing her privacy. The Highway Code itself does not stipulate where traffic mirrors are to be installed. The Administrative District Authority can, however, prescribe that the entity responsible for road maintenance has to install traffic mirrors if safety, ease or fluidity of traffic requires this. The Administrative District Authority can also require the removal of such equipment if the installation was illegal or objectively incorrect. District authorities In this matter, the interests of the general public are opposed to those of the individual. On one hand, it comes down to the safe use of roads, which must be guaranteed by the municipality. They are Personal privacy responsible merits protection 35