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Laws 2013, 2(4), 376-391; doi:10.3390/laws2040376
Article

There is Something about Marrying… The Case of Human Rights vs. Migration Regimes using the Example of Austria

Department for Political Sciences, Alumna University of Vienna, Vienna, 1090, Austria
Received: 9 August 2013 / Revised: 7 September 2013 / Accepted: 24 September 2013 / Published: 30 September 2013
(This article belongs to the Special Issue Migration and Human Rights)
Download PDF [218 KB, uploaded 30 September 2013]

Abstract

States pursue various juridical strategies to prevent ‘marriages of convenience’ seen as undermining tightening migration regimes. This article examines how Austrian Alien Law constitutes entering into such a marriage as a criminal offense and looks at the legal proceedings in district courts in Vienna where most cases of alleged ‘marriages of convenience’ are being dealt with. It also studies the work of the Viennese branch of alien police investigating into this offense. These practices are often in conflict with Article 8 and 12 of the European Convention of Human Rights, granting the right to respect for private and family life and the right to marry.
Keywords: Austria; Alien Law Act; bi-national marriage; migration regulations; Article 8 ECHR; Article 12 ECHR; marriage of convenience Austria; Alien Law Act; bi-national marriage; migration regulations; Article 8 ECHR; Article 12 ECHR; marriage of convenience
This is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

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Messinger, I. There is Something about Marrying… The Case of Human Rights vs. Migration Regimes using the Example of Austria. Laws 2013, 2, 376-391.

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