Constitutionality of administrative detention of foreign nationals pending deportation under Austrian immigration law

The Constitutional Court dismissed the complaint, leaving the challenged normative provision in force. The dispute concerned a complaint against a specific provision of the German-Austrian Federal Law on the Legal Status of Foreigners (Ausländergesetz), where the petitioner challenged the constitutionality of a rule regarding the administrative detention of asylum seekers or non-citizens pending deportation or expulsion proceedings. The decisive legal basis involved the review of the provision under the Austrian Federal Constitutional Law, specifically examining whether the authorized restriction of personal liberty for the purpose of preventing illegal residence or ensuring execution of a deportation order violated fundamental rights guarantees, such as the prohibition of arbitrary deprivation of liberty or the principle of proportionality, concluding that the statutory framework complied with constitutional standards.