Ban on Residence for Anja Windl: BVwG in Action

He points, among other things, to the ongoing investigations against the student and questions the impartiality of the BFA. Windl's case could thus be clarified in an open court - before the Federal Administrative Court (BVwG).

The outcome of the criminal investigations against Windl on suspicion of forming a criminal organization and serious property damage is "completely open," Niederhammer states in the complaint sent to the Leoben branch of the BFA, which is available to the APA. It is not clear to what extent Windl's administrative offenses pose a threat to public order or safety. Furthermore, the lawyer also addresses the student's personal and financial situation. The BFA had, among other things, disputed that Windl was in Austria for the purpose of her psychology studies in Klagenfurt.

It gives the impression that the BFA "recognizes a threat to public safety and order solely from the engagement of the complainant (note: complainant)." As an example, "inappropriate statements" from the decision are mentioned. The authority had, among other things, determined that the 28-year-old was active "in the area of climate activism" and attributed to her a "left-extremist motivated attitude" as well as a "massively querulous tendency." Such statements raise "doubts about the impartiality of the official," it says. "I am not aware of a comparable case in Austria," Niederhammer said on Thursday in response to an APA inquiry.

Lawyer wants to clarify case before judge

The complaint now requests an oral hearing before the Federal Administrative Court, annulment of the decision, and otherwise a reduction in the duration of the residence ban. A spokesperson for the BVwG explained to the APA that the document has not yet been received. How a legal matter is ultimately resolved is always up to the responsible judge, it was said. However, foreign law procedures often ultimately lead to hearings, the spokesperson emphasized in general.

Whether and when this will actually be the case is not yet certain. According to experts, procedural durations of more than a year are not uncommon in foreign law cases.

Danger already from first glue action

Windl moved from Bavaria to Klagenfurt in the fall of 2017 for her psychology studies, participated in blockade protests of the now-dissolved "Last Generation" in Austria in recent years, and became one of the most well-known faces of the climate protection movement there. The BFA has been examining a "residence-terminating measure" against her since March 2023.

At the beginning of April, the authority's decision became public. In it, the BFA already sees a threat to public safety from Windl's first protest action on November 7, 2022. Parallel to this, criminal investigations against the 28-year-old and other former members of the "Last Generation" on suspicion of forming a criminal organization and serious property damage are still ongoing.

(APA/Red)

This article has been automatically translated, read the original article here.