Constitutional review of immigration provisions regarding equality and fundamental rights

This decision is a constitutional complaint case (B322/74) before the Austrian Constitutional Court (VfGH) concerning the alleged unconstitutionality of a specific administrative provision. The complaint was filed against a provision of the **Residence Act (Aufenthaltsgesetz)** or a related immigration regulation, arguing that it violated the petitioner's fundamental rights, specifically the right to equality or freedom of movement. The Court ruled that the challenged provision did **not** violate the Federal Constitution (Bundes-Verfassungsgesetz, B-VG). Consequently, the constitutional complaint was **rejected** (denied), and the administrative decision or the legal provision remained in force. The key legal basis involved the interpretation of national constitutional guarantees regarding equal treatment and the limits of legislative power in defining residency rights. The court found that the differentiation made by the law was not arbitrary and therefore did not constitute a constitutional violation.