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National Assessments
AUSTRIA: Questionnaire for Country Assessment
12. Durable Solutions (SGP:C12)
Remaining in a Host Country or Country of Asylum (SGP: C12.1)
Grounds for a child remaining in a host country (SGP:C12.1.1)
a) Please describe relevant law, policy and practice in your country.
I Recognized refugees
Recognitions of separated children as refugees according to the Geneva Convention are very rare. On top of that, such a recognition does not necessarily guarantee a permanent residence title. As with adults, separated children can loose their refugee status if asylum deprivation procedures are initiated ex officio. Age comes into play only as one of the factors to be considered by the authorities in assessing the reasonableness of a deprivation of the right of asylum.
II Non Refoulement
Together with a final negative decision on an asylum application the authorities have to examine and decide on the admissibility of removing the applicant from the national territory. Art. 8 Asylum Act
If an application for asylum is to be dismissed, the authority shall declare ex officio by administrative decision whether the aliens‘ deportation, rejection at the border or forcible return to their country of origin is admissible (article 57 of the Aliens Act); such ruling shall be issued in conjunction with the order dismissing the asylum application
If such a removal is not admissible a temporary authorization to reside must be granted pursuant to Art. 15 Asylum Act.
Art. 15 (1) Aliens whose application for asylum has been dismissed by a final ruling on grounds other than those set forth in the asylum exclusion clauses (article 13) and who are unlawfully resident in the federal territory shall be granted limited right of residence by administrative decision if, in accordance with article 8, their deportation, forcible return or rejection at the border has been declared inadmissible.
III Deportation deferment
If deportation is not admissible under the Non Refoulement principle or not possible for practical reasons (e.g. because their are no flights to the country of origin or this country refuses to issue a repatriation certificate) the deportation has to be deferred or ex officio or upon application.
A deportation deferment is a temporary administrative decision deferring expulsion for a maximum period of one year. If the conditions on which the decision was based cease to exist it may be revoked at any time. Such a deferment does not establish a right to reside.
IV Residence on humanitarian grounds
Under the Aliens Act a right of residence may be granted on humanitarian grounds.
Art. 51 (4) Aliens Act The Federal Minister of the Interior shall receive advice from the Integration Advisory Board (Integrationsbeirat) on questions concerning integration support; the Integration Advisory Board shall, at the request of one of its members, issue recommendations on specific integration matters, particularly in connection with the implementation and financing of integration support measures and with the exercise of discretion, in individual cases, in granting lawful residence to an alien on humanitarian grounds.
This regulation is targeted to persons who are considered to be integrated in Austria but for some reason lost their residence title. In individual cases separated children can benefit from this provision. However, the Integration Advisory Board can handle only a limited number of cases. Such residence permits are granted by and within the discretion of the Ministry of the Interior. Currently it takes more than six months until an application filed is discussed by the Advisory Board. During this period residence is not ensured. Granting of lawful residence on humanitarian grounds does not confer a right to integration support.
V Residence of displaced persons
Art. 29 Aliens Act establishes that displaced persons can be granted a temporary right of residence. A special ministerial order regulates the entry of such persons and the duration of the permitted stay. Such ministerial orders were issued during the conflicts in Bosnia and Kosovo.
Article 29. (1) In times of armed conflict or other circumstances threatening the safety of entire population groups, the Federal Government, in agreement with the Executive Committee of the National Council, may by ministerial order grant temporary right of residence in the federal territory to directly affected groups of aliens who can find no protection elsewhere (displaced persons).
(2) In the ministerial order referred to in paragraph (1) above, the aliens‘ entry and the duration of their residence shall be regulated with due regard for the circumstances of their particular case.
(3) The right of residence conferred under the ministerial order shall be certified in the alien‘s travel document by the authority.
(4) If permanent integration becomes necessary as a result of the prolonged duration of the circumstances referred to in paragraph (1) above, it may be stipulated in the ministerial order that specific categories of persons having right of residence may validly submit within Austria an application for the granting of a settlement permit and that the settlement permit may be issued to them notwithstanding the existence of any grounds for refusal pursuant to subparagraphs 2 to 4 of paragraph (1) of article 10.
b) To what extent does this conform to the Statement? Please outline in brief.
All the residence rights enumerated in the Statement are, in principle, provided for under Austrian law. However, they do not confer sufficient security of residence and are usually not accompanied by effective integration measures.
A residence right based on the Non Refoulement principle does not allow for long-term integration measures since access thereto is denied to such persons and access to the labour market is granted only in exceptional cases.
The chance to be granted lawful residence by recommendation of the Integration Advisory Board is limited and no subsequent integration support is provided for.
c) Are any changes needed? In relation to any first principle of SGP?
If separated children cannot be removed from the territory because an age-appropriate reception in a third country or their country of origin can not be ensured, a temporary residence permit should be granted. Access to integration measures and to the labour market has to be ensured. After two years, they should be granted a permanent settlement permit.
Family Reunification in Host Country (SGP:C12.1.2)
d) Please describe relevant law, policy and practice in your country.
Close relatives can join recognized refugees in the host country by extension of the their right of asylum.
Art. 11 (1) Asylum Act The authority shall, on the basis of an admissible application, grant asylum by extension if it is not possible for the asylum-seeker to continue an existing family life, within the meaning of article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, FLG No. 210/1958, with the family member in another country.
Pursuant to Art. 11 (2), applications for such an extension are only admissible for parents of minors, for spouses or for unmarried minor children.
e) To what extent does this conform to the Statement? Please outline in brief.
Regarding recognized refugees the Austrian law conforms to the Statement. In all other cases family reunification is not ensured.
f) Are any changes needed? In relation to any first principle of SGP?
All minors who – on a relatively long-term basis - are not deportable should have the opportunity of family reunification in the host country.
Integration (SGP:C12.1.3)
g) Please describe relevant law, policy and practice in your country.
Separated children are seldom recognized as refugees. Recognized refugees may be granted integration assistance under Art. 41 Asylum Act, but this does not confer a legal right to assistance.
Art. 41 (1) Aliens who have been granted asylum may be granted integration assistance. The purpose of integration assistance shall be to bring about their full involvement in the economic, cultural and social life of Austria and the greatest possible equality of opportunity with Austrian citizens in these areas.
(2) Integration assistance shall, in particular, include:
1. Language courses;
2. Basic and advanced training courses;
3. Events organized to provide an introduction to Austrian culture and history;
4. Events arranged jointly with Austrian citizens to promote mutual understanding;
5. Dissemination of information concerning the housing market;
6. Benefits provided by the Refugee Integration Fund.
There are no provisions on integration measures for Non Refoulement refugees. These refugees have access to the labour market to the extent permitted by the Overdraft Order to the Federal Maximum Number. However, separated children are granted work permits only in exceptional cases since the conditions for such a permit are very hard to meet.
Decisions on accommodation of separated children are usually taken in relation to available resources and are not based on the needs and interests of the youth concerned. It is almost a rule that minor refugees have to content themselves to live in emergency accommodations without educational care. From time to time they are even made homeless.
h) To what extent does this conform to the Statement? Please outline in brief.
The Austrian situation does not conform to the Statement.
i) Are any changes needed? In relation to any first principle of SGP?
There is an urgent need for an encompassing reorganisation of all matters relating to accommodation and care for separated children. Such accommodation and care should be based on the provisions of the Youth Welfare Act meaning that the responsible institutions have to be provided with funds and personnel accordingly. This should work against the trend to regard separated children as a kind of second-class youth.
Adoption (SGP:C12.1.4)
j) Please describe relevant law, policy and practice in your country.
Austria has signed the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoptation on 9 February 1999, together with a declaration that the Austrian laws in force conform to the goals mentioned in the Convention.
An application for adoption has to be filed at a district court jointly by the parents of choice and the child. Then the guardianship judge has to examine the family situation and take a decision based on his findings. During the procedure contact to the child’s natural parents is sought to get their consent.
Under the Civil Code, adopted children have equal legal status with natural children.
k) To what extent does this conform to the Statement? Please outline in brief.
The critical assessment demanded for in the Statement is carried out by the competent courts.
l) Are any changes needed? In relation to any first principle of SGP?
No change of the procedure is required, however there should be protection against deportation until final decision. This is currently not ensured.
Identity and Nationality (SGP:C12.1.5)
m) Please describe relevant law, policy and practice in your country.
There is no preferential treatment of stateless minors regarding the acquisition of Austrian citizenship. However, only a few cases are known where minors did not indicate a nationality. There are many more cases where states refuse to take back their citizens or assume that the nationality indicated is wrong.
n) To what extent does this conform to the Statement? Please outline in brief.
Since there are no special measures to support stateless minors in the acquisition of Austrian citizenship the situation does not conform to the Statement.
o) Are any changes needed? In relation to any first principle of SGP?
Separated children deemed to be stateless should be assisted in acquiring the citizenship of the host country. The period of legal residence required to acquire Austrian citizenship should be shortened generally, but especially for stateless minors.
Family Reunification and Return to a Country of Origin (SGP:C12.2),
Voluntary Return (SGP:C12.2.1)
p) Please describe relevant law, policy and practice in your country.
Official support for repatriation is regulated in Art. 12 Federal Care Act.
Art. 12. (1) Asylum seekers, aliens, if their application for asylum has been rejected, and refugees within the meaning of the Asylum Act may be granted repatriation assistance in so far as these persons are in need of assistance and are willing to return to their home country or – if they are stateless – to their country of origin.
(2) Repatriation assistance encompasses at least the costs necessary to return.
(3) The Federal Ministry of the Interior may establish agencies which provide information on opportunities to return to the persons designated in paragraph (1) and advise them on all issues relating thereto [„Rückkehrberatungstellen"]. For these purposes the Federal Ministry of the Interior may also commission relevant organisations.
There are several projects providing such advise including assistance for voluntary return (arranging for documents, establishing contacts to relatives). However, this service is rarely made use of by separated children.
Separated children may also contact the embassy of the country of origin on their own in order to arrange for a return; a remaining alternative would be to leave the country illegally.
In case of undocumented separated children the desired return may run into difficulties. Some countries of origin do not want to take back their citizens and impede a repatriation.
q) To what extent does this conform to the Statement? Please outline in brief.
In principle, voluntary return of separated children is desired and supported by the Austrian authorities.
r) Are any changes needed? In relation to any first principle of SGP?
Measures should be taken to ensure effective and sustained assistance to separated children wishing to return on a voluntary basis. Such assistance will require increased co-operation with international organisations. However, it should be verified whether the minor’s desire to return is genuine or a result of frustrating conditions in the host country.
Conditions that must be fulfilled prior to return (SGP:C12.2.2)
s) Please describe relevant law, policy and practice in your country.
Administrative measures like deportation and forcible return are taken without any effort to verify what happens to the minors in a third country or their home country. Peter Engel, an officer at the district authorities of Neusiedl declared to the magazine Profil: „Our administrative action terminates at the border crossing point. We do not know what’s happening in Hungary." (Profil, 15 June 1998)
In the province of Burgenland, the authorities routinely impose a five-year residence ban on rejected asylum seekers, whether minors or not.
Only a youth welfare agency appointed as curator or guardian of a minor has a duty to clarify if a possible repatriation would correspond to the well-being of the child (Convention on the Rights of the Child, Federal Law Gazette ? 7/1993). A repatriation may be envisaged only if it is guaranteed that it serves the purpose of family reunification or that the child is accommodated in a facility suitable for its well-being and not exposed to any dangers at her/his future place of residence.
t) To what extent does this conform to the Statement? Please outline in brief.
There is no research done by the authorities whether there is a child-appropriate reception in the home country or a third country.
u) Are any changes needed? In relation to any first principle of SGP?
In each case of repatriation of a minor it has to be verified that the conditions for reception in the third country or home country are suitable for children. To this end the authorities should contact international organisations (e.g. International Social Service; ICRC) on a regular basis. If it turns out that a repatriation is not possible without endangering the child‘s well-being a durable solution in the host country should be provided for by law.
Programmes and Aid to Facilitate Reintegration (SGP:C12.2.2)
v) Please describe relevant law, policy and practice in your country.
As a rule, no official assistance for reintegration is provided. Under specific circumstances, for example in case of refugees from Bosnia, limited amounts of cash were given to persons willing to return, but this cannot be qualified as effective reintegration support.
Some private initiatives are providing support for voluntary return, but none of them is focussing on separated children. Support includes direct assistance for return (organisation, travel costs) and in some cases long-term reintegration measures as well.
w) To what extent does this conform to the Statement? Please outline in brief.
Relating to reintegration assistance minor refugees are treated in the same way as adults.
x) Are any changes needed? In relation to any first principle of SGP?
Projects to assist the reintegration of repatriated minors and young adults should be initiated and supported. It is critical that minors are provided with education and professional training that would be useful to them should they return to their home country. Providing such qualifications is a way to facilitate their reintegration.
Settlement in a Third Country (SGP:C12.3)
y) Please describe relevant law, policy and practice in your country.
See response to question 12 s) repatriation resp. deportation to a third country.
z) To what extent does this conform to the Statement? Please outline in brief.
See response to question 12 t) repatriation resp. deportation to a third country.
zz) Are any changes needed? In relation to any first principle of SGP?
See response to question 12 u) repatriation resp. deportation to a third country.
Good data on separated children are required to assist the implementation of good practice.
a) Who should be responsible for collecting data on separated children? Please consider both government departments and NGOs.
The Federal Asylum Office as the central authority should ensure a detailed documentation of applications of separated children. Yet the software currently used does not allow for a registration of data relating to separated children. The extraction of these specific data would have to be done by hand. This would require huge expenditures on personnel and is therefore not done (information by the director of the Federal Asylum Agency, 20 October 1999).
Already a year ago it was announced that the EDP system would soon be reorganised. Up to now, this has not happened. A reorganisation in the foreseeable future is not to be expected, though the authorities themselves would welcome a detailed data collection.
The Federal Ministry of the Interior is the only authority that in principle has access to information on all separated children in Austria. All registration and data collection carried out by locally or regionally competent institutions, for example by youth welfare agencies will necessarily be limited to only a part of the whole. However, the information at hand permits a rough estimation of the current situation.
b) What sort of data are required? From government? From NGOs?
In order to get a realistic picture the statistical data should be as encompassing as possible. They should be used as a basis for planning the necessary measures relating to accommodation and care. Data should contain not only information on age, sex, country of origin, place of accommodation, educational level and professional qualifications but also on the result and duration of the asylum procedure.
In addition it would be meaningful to keep records on the individual development of the minor that would be useful for detecting and removing general impediments to integration.
c) Please provide any current (1997-1999) data on separated children which are available (from both government and NGOs). We are aware that at this time most of these data will relate to asylum applications by separated children.
1997 400 (estimation by asylum coordination Austria based on inquiries)
1998 500 (estimation by asylum coordination Austria based on inquiries)
1999 during the first half year, in Vienna alone 265 separated children were cared for, compared to 226 for the whole of 1998. The increase is due to the Kosovo crisis.
These numbers comprise children and youth that applied for asylum in each year and were represented in the asylum procedure (up to their 19th birthday). They do not comprise separated children rejected at the Austrian border or picked up after an crossing the border illegally who had no opportunity to file an application (several such cases were documented by NGOs). In addition there are separated children and youth in Austria who did not apply for asylum. Reliable information about their number is not available. The youth welfare agencies get to know them only if they are younger than 16 since under the Aliens Act minors have full legal capacity starting with the age of 16.
Separated children are not officially registered in Austria. Answering to an inquiry of the Green Party in the Austrian parliament in May 1998, the Federal Minister of the Interior, Karl Schlögl, declared that his ministry has no knowledge about the number of separated children.
UNHCR provides detailed statistics on the number of asylum applications by minors, but they do not contain data on how many of them are separated children. The table below shows the UNHCR data for 1997.
|
1997 |
0-13 |
14-18 |
19-30 |
31-40 |
41-50 |
51-60 |
60-70 |
70+ |
|
Female |
570 |
126 |
509 |
263 |
71 |
42 |
14 |
2 |
|
Male |
653 |
438 |
2766 |
977 |
230 |
64 |
25 |
7 |
|
Total |
1223 |
564 |
3275 |
1240 |
301 |
106 |
39 |
9 |
The figures compiled in the study „The Situation of Unaccompanied Minor Refugees in Austria", from which the following information is taken, are reliable only to a certain degree. For most provinces detailed numbers or good estimations of the number of minors cared for during 1997 by the respective youth welfare agencies do exist. The problem with these data is that the same minors could well have been registered in two or even three provinces since every change of location entails a transfer of competence to other youth welfare agencies.
The information on separated children per province relates to the period from 1 January to 31 December 1997, resulting in a total of 657. This is definitely too high. The scope of the study did not allow for a detailed adjustment of these data. The number given ( 400 separated children) is an estimation based on discussions with experts and practicians.
Age of separated children
For some provinces the years of birth of asylum applicants in 1997 could be registered completely. Detailed information on age at the time of application did exist for 192 persons. The age distribution was as follows: Of those children who arrived in Austria without legal representative, one was eight years old, two were 10, two others 13 and nine were 14 at the time of application. 21 minors applied at the age of 15 and 33 at the age of 16. As was to be expected, most applications were filed by minors at the age of 17 (67) and 18 (57).
Information on sex
UNHCR statistics for the year 1997 show a total of 6.757 asylum seekers. 5.160 applications or 76 percent were filed by male applicants and 1.597 or 24 percent by female applicants. Of the female applicants, 698 or 44 percent were under age. The number of male under age applicants is given as 1.091 corresponding to a share of 26 percent.
For separated children, the male-female-imbalance was even more pronounced than for the total. In the study a total of 202 applicants with sex information were registered. Of these, 188 were male and just 14 female or 93 percent vs. 7 percent.
Countries of origin of separated children
Separated children registered in Austria during 1997 came from at least 31 countries (it should be noted that the problem of double or triple counting mentioned above applies to these data as well). The main countries of origin in this period were Yugoslavia (Kosovo) with 133 and Afghanistan with 46 persons, representing almost 50 percent of all separated children registered. Other important countries were India (29), Sierra Leone (24), Iraq (22) and Liberia (21).
Please indicate whether your country has signed or fully ratified the following international and regional conventions and covenants. Please indicate as well whether rules and guidelines are being implemented.
Refugees
1951 UN-Convention relating to the status of refugees
a) 28 July 1951 b) 1 Nov. 1954 c) 30 Jan 1985
Reservation relating to Art. 23
Implementation mainly by Asylum Act (definition), Aliens Act, Federal Care Act and several other specific laws
1967 Protocol relating to the status of refugees
Signed: ratified: 5 Sept. 1973 entered into force: 7 February 1974
UNHCR:
Handbook on Procedures and Criteria for Determining Refugee Status, paras 213-216
Guidelines on Policies and Procedures in dealing with Unaccompanied Children Seeking Asylum, 1997
International Human Rights Instruments
UN Declaration on Human Rights, 1948
Austria has declared its adherence to the principle of human rights on multiple occasions, among others by the Vienna Declaration passed at the UN Conference on Human Rights 1993.
International Covenant on Civil and Political Rights, 1966 (and Optional Protocol)
Signed: 10 Dec. 1973 ratified: 10 Sept. 1978 entered into force: 10 Dec. 1978
Optional Protocol I (Individual complaints)
Signed: ratified: 10 Dec. 1987 entered into force: 10 March 1988
Optional Protocol II (Abolition of death penalty)
Signed: 8 April 1991 ratified: 2 Feb. 1993 entered into force: 3 June 1993
International Covenant on Economic, Social and Cultural Rights, 1966
Signed: 10 Dec. 1973 ratified: 10 Sept. 1978 entered into force: 10 Dec. 1978
Convention for the reduction of statelessness, 1961
ratified: 22 Sept. 1972
Referred to in the Citizenship Act
Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol 1)
Signed: 12 Dec. 1977 ratified: 13 Aug. 1982
Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-international Armed Conflicts (Protocol 11)
Signed: 12 Dec. 1977 ratified: 13 Aug. 1982 entered into force:
Convention against Torture, 1984, Art. 3
Signed: 14 March 1995 ratified: 29 July 1987 entered into force: 28 Aug. 1987
There is no reservation regarding implementation by Austria meaning that the Convention is directly applicable.
The jurisdiction of the Committee against torture is recognized for both individual and state complaints.
Convention for the Elimination of all Forms of Racial Discrimination, 1966
Signed: 22 July 1969 ratified: 9 May 1972 entered into force: 8 June 1972
The complaints procedure (individual complaints) is not recognized.
Children – International and Regional Instruments
UN Convention on the Rights of the Child, 1989
Signed: 26 Jan. 1990 ratified: 6 Aug. 1992 entered into force: 5 Sept. 1992
In a resolution dated 14 June 1994 the National Council (parliament) requested the Federal Government to „look into" the possibility of incorporating in the austrian constitution, in the interest of children and youth, the principles of the UN Convention on the Rights of the Child.
The country report on the implementation of the Convention in Austria was debated in Geneva on 14 January 1999. The „Concluding Observations on the Rights of the Child" contain especially critical remarks relating to the pre-deportation detention of minor asylum seekers.
UN Standard Minimum Rules for the Administration of Juvenile Justice (25 November 1985)
Signed: ratified: entered into force:
UN Rules for the Protection of Juveniles Deprived of Their Liberty („Beijing Rules"), 1990
European Convention on the Repatriation of Minors, 1970
European Convention on the Exercise of Children’s Rights, 1996
Signed: 13 July 1999
Hague Conference on Private International Law:
Nota bene: Please also indicate whether your country is in the process of ratifying any of the Hague Conventions
a) Convention for the Protection of Minors, 1961
Rarified and entered into force (details in Federal Law Gazette ? 446/1975)
b) Convention on the Civil Aspects of International Child Abduction, 1980
Ratified: 14 July 1988 entered into force: 1 October 1988
c) Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, 1993 and the associated „Recommendation on the Application of the Convention to Refugee Children“
Currently no information available
d) Convention on Jurisdiction, Applicable Law, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children, 1996 (not in force yet)
Currently no information available
European Union
Nota bene: Has your country implemented the following EU policies?
Joint Action to Combat Human Trafficking and the Sexual Exploitation of Children, February 1997
Council Resolution on unaccompanied minors who are nationals of third countries, June 1997
Not implemented completely. See answers to questions.
14.4 Europe
European Convention for the Protection of Human Rights and Fundamental Freedoms (and Protocols), 1950
ratified: 3 Sept. 1958
Protocol 2 and 3 29 May 1967
Protocol 4 18 Sept. 1969
Protocol 5 9 Oct. 1969
Protocol 6 5 Jan. 1984
Protocol 7 14 May 1986
Protocol 8 17 April 1986
Protocol 9 27 April 1992
Protocol 10 1 June 1993
Protocol 11 3 Aug. 1995
The European Convention on Human Rights is incorporated in the Austrian constitution and directly applicable.
Convention Determining the State Responsible for Examining Applications for Asylum Lodged in One of the Member States of the European Community (Dublin Convention), 1990.
These provisions are implemented by Art. 5 Asylum Act 1997.
Schengen Convention, 1990
The Schengen Convention was ratified on 19 February 1997 and entered into force for Austria on 1 December 1997. The Aliens Act 1997 contains multiple references to the Schengen Convention.
Article 111 (1) Aliens Act In so far as the present federal law serves to apply the Schengen Implementation Convention, it shall enter into force upon the entry into force of the Accession Agreement. Paragraph (1) of article 34, paragraph (8) of article 113, the final sentence of paragraph (1) of article 114 and paragraph (6) of article 114 shall enter into force on 15 July 1997. The other provisions of the present federal law shall enter into force on 1 January 1998.
European Union
Nota bene: Has your country implemented the following European Union asylum policies?
Joint Position on the harmonised application of the definition of the term „refugee" in Article 1 of the 1951 Geneva Convention relating to the status of refugees, Council of the EU, March 1996
Is referred to in the Asylum Act 1997.
Resolution on Minimum Guarantees for Asylum Procedures, June 1995
Is referred to in the Asylum Act 1997.
Resolution on manifestly unfounded applications for asylum, 1992
This resolution is implemented by Art. 6 Asylum Act 1997.
Resolution on an harmonised approach to questions concerning host third countries, 1992
This resolution is implemented by Art. 4 Asylum Act 1997.
Conclusions on countries in which there is generally no serious risk of persecution, 1992
On 1 January 1999 the Asylum Act was amended in respect of these conclusions (NR: GP XX IA 842/A AB 1494 S. 150)
(3a) The Federal Minister of the Interior may, by ministerial order, designate those countries which generally grant effective protection against persecution (paragraph (2) above) because:
1. Their authorities grant access to an asylum procedure, without restriction, to aliens who have been rejected at the border, forcibly returned or deported from Austria and who in a third country seek protection from persecution and those authorities do not expel such aliens to their country of origin, including expulsion via other countries, provided that they are exposed in their country of origin to danger as specified in article 57, paragraph (1) or (2), of the Aliens Act;
2. The procedure for the examination of asylum applications is conducted on a case-by-case basis, and, in particular, asylum-seekers are personally interviewed, interpreters are engaged where necessary, and asylum-seekers are notified of the decision (verdict) in a language understandable to them;
3. The decision of the authority responsible for the examination of asylum applications may be referred to a review body;
4. Asylum-seekers are entitled to remain in the territory of the country until the decision of the review body has been rendered or the decision of the authority becomes final.
Resolution on the harmonisation of national policies on family reunification, June 1993
This resolution is implemented by Art. 11 Asylum Act 1997.
Council of Europe
European Social Charter, 1961
By declaration of the Federal Republic of Austria the following paragraphs of the European Social Charter are legally binding:
Art 1, 5, 12, 13, 16;
Furthermore Art.2/paras 2,3,4,5; 3/1,2,3; 4/1,2,3,5; 5/1,2,3; 6/1,2,3; 7/2,3,4,5,7,8,9,10 ; 8/1,2,3,4; 9 10/1,2,3,4; 11/1,2,3; 14/1,2 15/1,2; 17 18/1,2,4; 19/1,2,3,5,6,9.
15. Consultation with separated young people
The SCE programme is developing guidance on carrying out a consultation with young people. This will be available in the near future. In the meantime these are some preliminary ideas on the kinds of information that might be useful:
Describe the young people who were consulted: age, sex, country of origin
What are the main problems (in any areas) they encountered since arriving in your country?
What positive experiences did they have since arriving in your country?
What recommendations or ideas did they express as to how their experiences could have been improved?
16. Political level – support for change
Please provide the following information where possible:
a) Describe the level of contact that NGOs working with separated children have with: central governmental departments, local and regional governments.
It is difficult to provide a detailed answer to this question. Each NGO is necessarily maintaining contacts to authorities. The nature and extent of these contacts differ widely. Increased activities of asylum coordination austria in this area (the campaign Human Rights for Refugee Children, organisation of events, workshops and of an educational trip with both representatives of authorities and NGOs participating) has lead to an intensifying of contacts.
b) Describe any contacts with European institutions, e.g. MEPs, European Commission (nota bene: please give names)
The majority of NGOs active in this area are predominantly involved in providing assistance. The resources available for lobbying are therefore limited.
Asylum coordination austria is a member of ECRE and tries to develop better contacts to MEPs and the European Commission.
c) can you identify, at the different political levels, any sources of support for improving the situation of separated children?
Sources of support for improving the situation of separated children exist on various levels. Contributions in this regard can be expected from lawyers representing children and young people, humanitarian and church organisations, youth organisations and from certain political parties (the Greens, the Liberal Party) and some provincial governments. A potential source of support is the awareness of necessary change that exists among almost all the persons who are professionally involved with separated children.
d) can you identify, at the different political levels, the main obstacles to change?
Very often authorities and NGOs view each other rather as adversaries than as partners.
There is no desire for change at the political level. The urgency of the situation is not recognized.
The funds available do not permit intensive lobbying efforts.
Overall, Austrians maintain a negative attitude towards refugees and migrants. The parties of the governing coalition (Social democrats/SPÖ, Peoples Party/ÖVP) and the opposition Freedom Party (FPÖ) assume that it is possible to increase their respective votes by advocating and implementing restrictive measures against aliens.
Some suggestions on lobbying
Contacts to decision makers should be intensified on all levels. Very often decision makers have little information regarding the effects of their decisions.
Campaigns can be useful to foster sensibility for the issues involved.
Information of the media and involvement of the general public increases the pressure on decision makers to act.
In individual cases, letter and e-mail campaigns can be successful.
National and international networks of NGOs allow a bundling of forces and to save resources and they can be a major source of new ideas and strategies.