Fight for the right to stay: Climate activist Windl is before the Federal Court!

Fight for the right to stay: Climate activist Windl is before the Federal Court!

The climate activist Anja Windl is faced with a two-year ban on staying in Austria. This decision by the Federal Office for Immigration and Asylum (BFA) was announced last week and is based on the claim that Windl poses a “serious threat to public order or security”. The BFA bases its argument primarily on Windl's long stay in Austria, where she has lived since autumn 2017 and started studying psychology in Klagenfurt. Windl made a name for himself as a member of the now defunct group “Last Generation” and has been involved in numerous protests in the past.

The decision to terminate the stay was issued by the Leoben branch of the BFA. However, according to Windl's lawyer, Ralf Niederhammer, the decision was unfounded and could only be seen as an attempt to suppress peaceful protest. Windl is accused of taking a “leading role” in recruiting new members of the “Last Generation” and of being actively involved in public relations. These allegations and her involvement in climate activism were interpreted by the BFA as evidence of her dangerousness.

Legal disputes and investigations

The criminal investigations against Windl have been running since November 2023 and concern the suspicion of forming a criminal organization and serious damage to property. A spokesman for the Federal Administrative Court (BVwG) confirmed that the final decision on Windl's residence ban is still pending and that, with voluntary proceedings lasting more than a year, it is not unusual for such cases to take longer to resolve. While accepting the attorney's appeal, the BFA made it clear that they were assessing Windl's threat to public safety regardless of any possible criminal convictions.

Niederhammer is pushing for an oral hearing before the BVwG and has applied for the decision to be repealed or the residence ban to be reduced. Windl herself emphasizes that she will not leave Austria voluntarily and sees the ban as an unjustified measure against her peaceful protest.

A climate activist in the target discussion

The Ministry of the Interior justifies the ban on residence by pointing out that the assessment is carried out as an administrative measure to avert danger. It is emphasized that the assessment of the risk is independent of the decisions of the criminal courts. However, Windl is not the only one who is in the focus of the authorities. The treatment of activists, particularly in the context of the climate debate, continues to raise questions about the balance between public safety and the right to expression.

These events keep public interest high and generate broader discussions about environmental activism, the rule of law and the role of forms of protest in society. The coming legal decisions could not only decide Windl's fate, but also set precedents for the entire movement. All in all, the Windl case offers a deep insight into the current tensions between climate protection and state order, which are increasingly coming into focus in Austria and beyond.

For further details on the current case and the legal framework, read the reporting from Small newspaper, courier and the discussions on the development of crime in Austria Vienna newspaper.