Lyla Lindsey
During the 2015-2016 European migrant crisis, Austria received nearly 90,000 asylum applications, the second-highest figure in the EU on a per capita basis. The country served as a corridor to Germany for hundreds of thousands of migrants travelling through Greece and the Balkans. In 2016, Austria passed a controversial new asylum law allowing the government to declare a state of emergency and reject most asylum seekers, even those from war-torn countries. This move was criticised by Amnesty Europe as a glaring attempt to keep people out. In this paragraph, we will explore the reasons behind Austria's rejection of refugees during the refugee crisis.
| Characteristics | Values |
|---|---|
| Date of refugee crisis | 2015-2016 |
| Number of asylum applications in 2015 | 90,000 |
| Austria's stance on accepting refugees | Austria initially served as a corridor for refugees entering Germany, but later took steps to stop refugees from rushing its borders |
| EU ruling on asylum | Refugees must seek asylum in the first country they reach, even in exceptional circumstances |
| Austrian asylum law | Allows the government to declare a "state of emergency" and reject most asylum seekers; limits successful asylum claims to three years |
| Role of civil society | Austrian civil society and volunteers provided essential support to refugees, preventing a larger-scale humanitarian crisis |
| Impact of refugee crisis | Lack of cooperation between federal and provincial authorities, leading to high costs and substandard detention conditions |
| Recent developments | Increase in family reunification applications in 2023, with over 95% from Syrian nationals |
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What You'll Learn
Austria's controversial new asylum law
The law was passed after Norbert Hofer's far-right Freedom Party came out on top in the first round of Austria's presidential election. Rights groups criticised the law, arguing that it undermines the principle of protection from war and persecution. Amnesty Europe director Gauri van Gulik called the amendments a "glaring attempt to keep people out of Austria and its asylum system."
In addition to the controversial 2016 law, Austria has implemented other measures to limit asylum applications. In 2023, a visa restriction was introduced for people travelling to Serbia, aiming to curb irregular asylum seekers and human trafficking. As a result of its geographical location and association with the Schengen area, Austria has become a transit country for those seeking to reach other parts of Europe.
In July 2024, the Austrian government announced a package of new requirements for asylum seekers, including a work requirement and social obligations. Asylum seekers will be required to engage in charitable work and will receive support payments from the state through a "benefits card" trial. The measures aim to strengthen the integration of refugees by providing them with knowledge of Austrian values, culture, and social etiquette.
In March 2025, Austria's incoming government announced an immediate halt to all family reunification procedures for asylum seekers. This decision was based on the argument that the suspension would facilitate the integration of those already in the country. While the right to family reunification is encoded in EU law, member states can temporarily suspend it if they are overburdened by the number of immigrants.
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The EU's top court ruling
In 2017, the EU's top court, the European Court of Justice (ECJ), ruled that Austria and Slovenia were entitled to deport two Afghan families and a Syrian national back to Croatia, the first EU nation they entered. The ruling stated that their crossing of the Croatian border had to be considered irregular under the Dublin rule, which requires asylum seekers to apply in the first European country they enter. The Dublin regulation typically requires refugees to seek asylum in the first EU state they reach, even in exceptional circumstances.
The case was brought by Austria and Slovenia and pertained to the migrant crisis of 2015-2016, during which one million migrants and refugees travelled through the Western Balkans, with hundreds and sometimes thousands arriving in Austria every day. The ECJ ruling affirmed the right of Austria and Slovenia to deport migrants back to the state where they first arrived. This decision was based on the interpretation of the Dublin Regulations, which state that an asylum seeker's application must be processed in the EU country of arrival. The court determined that allowing an EU country of arrival to wave on migrants to their final destination without examining their applications "would be incompatible with the Dublin III Regulation".
The ECJ ruling may have had implications for other EU countries, such as Italy, which had seen a large number of migrant arrivals that year. The advocate general's opinion, which was non-binding, stated that the refugee crisis was an exceptional circumstance under which countries where the asylum application was first made could be absolved of responsibility. However, the ECJ's decision overruled this opinion, clearing Austria and Slovenia of turning back asylum seekers and establishing that the migration crisis did not constitute an "exceptional circumstance".
While the ECJ ruling provided legal clarity on the responsibility of asylum applications, it also highlighted the ongoing challenges faced by EU countries in managing the influx of migrants and refugees. The EU had previously agreed to relocate 160,000 refugees from Italy and Greece, the two countries with the highest number of arrivals, but the process had been slow, with only 24,600 people relocated according to an EU report. The ECJ stressed that EU countries could show a "spirit of solidarity" under a sovereignty clause that allows member states to examine asylum applications even if they are not obligated to do so.
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Austria's history with migration
Austria has a long history of migration, both as a destination and a transit country. In the 19th and early 20th centuries, migration within the Habsburg Empire flowed from east to west, with immigrants settling in urban and industrial centres. However, people's "residency right" was tied to their municipality of birth, and municipalities could expel "alien residents".
During World War I and the subsequent interwar period, Austrian immigration slowed to a trickle. However, from the late 1930s onwards, many Austrians, particularly Jews, fled Nazi persecution and emigrated to the United States. After World War II, from 1945 to 1960, about 40,000 Austrians emigrated to the US.
In the 1960s and 1970s, Austria actively recruited immigrant labour, particularly from neighbouring countries, through a "guest-worker regime". This policy was driven by the forces of social change, including industrialization, proletarianization, and urbanization. However, traditional labour migration and family reunification programs were curtailed in the 1990s due to widespread public discontent over immigration levels.
Austria joined the European Union in 1995 and the Schengen area in 1997, becoming a transit country for migrants trying to enter the EU. In 2015, Austria received nearly 90,000 asylum applications, leading to the passage of a law restricting asylum to those whose lives would be at risk in a neighbouring country. During the 2015-2016 migrant crisis, Austria initially accepted refugees but later joined Slovenia in a legal case arguing that refugees should seek asylum in the first country they reached.
Internal migration within Austria is also notable, with over 780,000 residence changes within national borders in 2021. Short-distance rural-to-urban migration has led to population decline in certain rural areas, particularly those affected by crises in the manufacturing business.
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The role of civil society
In 2015, Austria was among the European countries with the largest asylum arrivals per capita. The country experienced a historic peak in the transit and arrival of refugees, with nearly 90,000 asylum applications received that year. This influx of asylum seekers was a crucial challenge for social integration, security, and stability in Austria.
Civil society played a significant role in responding to the refugee crisis in Austria. Various refugee and asylum-related organisations were active in the country, even before the crisis. These organisations occupied a middle space between mainstream NGOs and social movements, offering a more personalised relationship with refugees. One such organisation is the Jesuit Refugee Service, which offers counselling, language courses, and theatre to help asylum seekers integrate into Austrian society. They also launched the "Locugee Project," where local students and refugees live together with a Jesuit to foster social and cultural exchange.
The business sector was also involved in the response to the crisis. Austrian Federal Railways, in collaboration with various non-profit organisations, provided first care, transportation, and even apprenticeship programs for young refugees. Their efforts were perceived as a demonstration of social responsibility by their customers, positively impacting their perceptions and behaviour.
However, it is important to note that helping refugees was a contested issue in Austria. While many people supported the relief efforts, there were opposing parties that criticised the "welcoming culture."
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Austria's rejection of refugees from Serbia
Austria's stance on rejecting refugees during this period was also influenced by its cooperation with other EU countries, particularly Germany and Hungary. Germany, which was a primary destination for many refugees, had suspended the Dublin Regulation for Syrian refugees, halting deportations to the countries they first arrived in. This created a bottleneck effect, with hundreds of refugees arriving in Austria daily via Hungary and Slovenia. Austria's response was influenced by its desire to manage the influx and prevent its country from becoming a primary destination for asylum seekers.
Additionally, Austria's rejection of refugees from Serbia was part of a broader trend of the country taking a tough approach to migration issues. Austrian Chancellor Sebastian Kurz had stated that Austria wouldn't accept any migrants from Afghanistan, citing that the country had already taken in a disproportionately high number of refugees since 2015. This stance was echoed in Austria's collaboration with Serbia, where both countries agreed to prevent Afghan refugees from entering Europe.
The rejection of refugees by Austria during this period also highlighted the impact of irregular migration and the challenges of transit migration. Austria's geographical position as a transit country, with all its neighboring countries being part of the Schengen area, made it a preferred route for refugees aiming to reach Germany or other northern European countries. This influx of refugees created practical challenges for Austria in terms of accommodation, integration, and social services, contributing to the country's decision to reject additional refugees from Serbia.
It is important to note that the rejection of refugees by Austria during this period was not without opposition. There were criticisms and legal challenges to Austria's interpretation of the Dublin Regulation, with some arguing that it was a violation of EU law. Despite these objections, Austria's rejection of refugees from Serbia during the refugee crisis reflected the country's efforts to manage migration flows and uphold its interpretation of existing legal frameworks.
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