Ruqayyah Snyder
Austria has faced criticism for its deportation policies, which have been described as stirring up... racist prejudices against certain groups. In 2017, the country's Interior Minister announced a plan to speed up the removal of some 50,000 asylum seekers, mainly from Iraq, Iran, Afghanistan, and sub-Saharan Africa. In 2021, the country faced criticism for deporting three young girls, including a 12-year-old born in Austria, to Georgia and Armenia. This case sparked protests and a petition with over 34,000 signatures. In 2021, Austria also faced calls to halt deportations to Afghanistan due to the worsening security situation in the country. Despite this, Austrian Chancellor Sebastian Kurz vowed that there would be no halt in deportations to Afghanistan. So, what are the reasons that immigrants can be deported from Austria?
| Characteristics | Values |
|---|---|
| Increase in deportation | Between 2015 and 2018, the number of people placed in immigration detention increased more than three-fold, from 1,436 in 2015 to 5,252 in 2018. |
| Detention conditions | Families and unaccompanied minors are held for 48 hours prior to removal. The conditions in these facilities are considered good, and staff receive psychological training. |
| Children in detention | The Austrian Interior Ministry claimed that in 2017, there were 23 children aged 16-18 in immigration detention, and 27 in 2018. |
| Federal Office considerations | Before expulsion, the Federal Office must consider the person's personal circumstances, including the length of stay, age, health, family and financial status, and social and cultural integration. |
| Legal ban on residing | A legal ban on residing in the country may be imposed if the person poses a risk to public order or security, or if their behaviour poses a substantial threat to public security. |
| Dublin regulation | Austria has deported asylum seekers back to their point of entry to the EU, in accordance with the Dublin regulation. |
| Border controls | Austria has increased border controls, not just at the border but also in surrounding areas, to reduce the number of migrants entering the country. |
| Asylum process | Austria has sped up the asylum process, making it easier to process claims and send back migrants who have committed crimes or arrived illegally. |
| Returns to country of origin | The Austrian People's Party (ÖVP) has expressed interest in signing agreements to return convicted criminals and others to their countries of origin. |
| Political concerns | The rise of the far-right Freedom Party (FPO) in Austria has raised concerns about the targeting of immigrants, particularly Muslims, and a potential rightward shift in immigration policies. |
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What You'll Learn
Committing a criminal offence
Austria has been facing an immigration crisis since 2015, with the number of immigrants increasing every year. The country has been criticised for its treatment of immigrants and refugees, with xenophobic political forces rallying support for controversial policies and agendas. This has resulted in an increase in detention and removal efforts, with the number of people placed in immigration detention increasing more than threefold between 2015 and 2018.
The Austrian People's Party [ÖVP] has expressed its desire to sign agreements similar to the one between Denmark and Kosovo, which allows Denmark to send back convicted criminals to their home countries. The Green Party in Austria, however, has opposed such policies, stating that they will not support this kind of "hot-air" commentary.
Austria's far-right Freedom Party (FPO) has also contributed to the country's rightward shift on immigration. The FPO has combined its tough talk on immigration with criticism of Islam, promoting "remigration" and the return of asylum seekers to their countries of origin, especially those who fail to integrate. The FPO's victory in the recent election, along with the Austrian People's Party (OVP), has raised concerns about the rise of the far right in Europe and is expected to lead to even stricter immigration laws and asylum policies.
It is important to note that the decision to deport an immigrant who has committed a criminal offence is not taken lightly. The Austrian Federal Office for Immigration and Asylum is responsible for making decisions regarding removal and must consider the personal circumstances and potential encroachments on private and family life as defined in Article 8 ECHR of the European Convention on Human Rights (ECHR). A legal ban on residing in the country may only be imposed if the person poses a risk to public order, security, or substantial threat to public security.
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Threat to public security
Austria's domestic politics have long been impacted by bitter public debates over the treatment of migrants and refugees. During periods of increased migration and asylum pressures, xenophobic political forces have rallied support for numerous controversial policies and agendas, leading to increases in detention and removal efforts. Austria's detention centres have consistently been criticised for failing to provide adequate access to medical care, limiting natural light, ventilation, and hygiene measures, and limiting time spent outside.
The Austrian Federal Office for Immigration and Asylum makes decisions regarding removal from Austria, organising departures and imposing detention pending removal. When deciding on steps to be taken for removal, the Federal Office must also consider possible encroachments on private and family life as defined in Article 8 ECHR of the European Convention on Human Rights (ECHR). A complaint against the decision can be filed with the Federal Administrative Court. This must generally be submitted within four weeks to the authority that issued the decision.
Expulsion is not permissible if the person affected entered the country to search for work and can demonstrate that they continue to seek employment with a reasonable prospect of being employed. If the person has already obtained a right of permanent residence, expulsion is only permissible if the affected person’s stay poses a serious threat to public order or security. After ten years of residence, expulsion is only permissible if the person’s behaviour would pose a sustained and substantial threat to public security in the Republic of Austria. Before any possible expulsion, the Federal Office must undertake a balancing of interests and consider the personal circumstances, especially the length of the person’s stay in Austria, the person’s age, state of health, family and financial status, social and cultural integration within Austria and the extent of ties to the person’s country of origin.
In 2019, the Austrian government announced plans to amend the Constitution to provide for “preventive security detention”. This would greatly expand the government’s detaining powers, allowing for detention without an initial court order of asylum seekers who are deemed potential threats to the public.
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Inadequate access to medical care
Austria's immigration detention centres have been criticised for failing to provide adequate access to medical care. In 2017, the AOB observed several deficiencies in the country's immigration detention facilities, including a lack of patient electronic records and issues regarding the treatment of ill detainees. For instance, opioid-addicted detainees were found to be receiving improper medication, and migrants on hunger strike were systematically moved into the closed section.
Austria's treatment of migrants and refugees has been a highly debated topic in the country's domestic politics. During periods of heightened migration and asylum pressures, xenophobic political forces have gained support for controversial policies and agendas, leading to an increase in detention and removal efforts.
Austria's detention centres have also been criticised for their poor living conditions, including limited natural light, ventilation, and hygiene measures, as well as restricted time spent outside. While the country has made efforts to improve the situation, such as the proposed establishment of a Federal Agency for Supervision and Support Services in 2019, concerns remain about the impact of such changes on refugees' rights.
The country's integration process for migrants focuses on labour market inclusion and acquiring German language skills. While Austria provides access to basic healthcare for asylum seekers, refugees' self-rated health is lower than that of the resident population, particularly for female and Afghan refugees. Barriers to accessing healthcare include scheduling conflicts, long waiting lists, a lack of knowledge about doctors, and language barriers.
While there is no direct evidence linking inadequate access to medical care as a specific reason for deportation, the broader issues surrounding Austria's treatment of migrants and the deficiencies in its detention centres' healthcare provision are notable areas of concern.
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Failure to obtain a residence permit
In Austria, third-country nationals (TCNs) who plan to stay longer than six months require a residence permit. The Settlement and Residence Act of 2005, which has been amended over 40 times, defines the different categories of residence permits, as well as the requirements and procedures to obtain them. The most common types of residence permits issued include the Red-White-Red Card, the Blue Card EU, and the "Residence Permit - Researcher", "Student", or "Volunteer".
The Red-White-Red Card is for qualified third-country workers and their family members. It is issued for a period of 24 months and entitles the holder to fixed-term settlement and employment by the specified employer in their application. The Blue Card EU has special requirements concerning the applicant's income according to the "Act Governing the Employment of Foreign Nations".
To apply for a residence permit, third-country nationals must submit their initial application in person to the Austrian Consulate of their domicile before entering Austria. The application is then forwarded to the competent Austrian authority, which has the exclusive competence to examine the application and decide on whether to grant or reject it. The outcome of the proceedings is communicated to the applicant through the Consulate. If a visa is required to enter Austria and collect the residence permit, the applicant must submit their visa application within three months of notification. Once in Austria, the applicant must contact the competent domestic authority to collect their residence permit.
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Asylum seekers
Austria's treatment of migrants and refugees has long been a contentious issue in domestic politics, with xenophobic political forces taking advantage of periods of heightened migration to rally support for controversial policies. The country's detention centres have been criticised for their poor conditions and limited access to medical care.
Austria's asylum system is based on the principle of individual case consideration. Each application for international protection is examined to determine whether there are grounds to grant protection from persecution under the Geneva Convention, subsidiary protection, or leave to remain for humanitarian reasons.
The Dublin regulation, which allows for the deportation of asylum seekers to their first point of entry into the EU, has been used by Austrian authorities to deport asylum seekers. This was the case for two Afghan sisters and their children, who were deported to Croatia. However, public sympathy for well-integrated asylum seekers facing deportation has led to some changes in policy. In 2019, the Austrian parliament passed a bill suspending deportations of asylum seekers engaged in apprenticeships, recognising their contribution to areas with labour shortages.
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