Family Reunification & Co. – Tightening asylum: What is legally possible

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To stop the mass family reunification of refugees, more and more parties want regulations to be tightened. This is not always easy in asylum cases, because many matters are regulated at EU level or laid down in the Refugee Convention. The ‘Krone’ asked European lawyer Walter Obwexer what was possible with the political proposals on the table.

According to Obwexer, family reunification is laid down in an EU directive and this certainly offers room for tightening up. The introduction of self-sufficiency (income and housing) that the ÖVP proposes as a condition for family reunification would be possible, says Obwexer. The only restriction: this is only possible for adults. When minors come to collect their parents, the capacity for self-preservation cannot logically be a requirement.

Red-white-red card as model
The ÖVP proposes a rule similar to the red-white-red card for migrant workers. To join their family, they need proof of an income between 1,200 and about 2,000 euros and proof of an appropriate living situation. Asylum seekers can currently apply for family reunification within three months of receiving status and do not have to demonstrate that they are able to provide for themselves.

Upper Austria submits an application
Upper Austria, which is governed by a black-blue coalition, wants to take a step here and submit a proposal at the next conference of state refugee representatives to enshrine a similar arrangement in the field of asylum law. State Councilor Wolfgang Hattmannsdorfer (ÖVP) announced this via “Krone”. “We must put a stop to unbridled family reunification. Anyone who wants to bring their family to Austria must prove that they can receive it. On the one hand, this promotes the willingness to actually work and thus integration, and at the same time helps to relieve the pressure on our social system.”

ÖVP blocks SPÖ proposal
The topic of family reunification is being discussed particularly frantically in the city of Vienna, as the education system here is in danger of collapsing, given that 350 new students arrive every month without any knowledge of German. The Vienna SPÖ wants to solve the problem by distributing the refugees across all states and is therefore calling for a residency requirement. First of all, it’s a bit late for that: those who are there will no longer be moving away. Secondly, the ÖVP rejects this proposal and without the People’s Party nothing can happen at the state level.

Outrage among teachers in Vienna
Teachers’ union Thomas Krebs is even calling for family reunification to be suspended. In turn, councilor Christoph Wiederkehr of the NEOS rejects this as not possible in terms of human rights, but he himself makes a legally unfeasible demand: the suggestion of “German before immigration” that he put into play cannot be implemented, according to Obwexer .

DNA testing will slow down the process
The stricter document checks and more DNA testing desired by the ÖVP are relatively easy to implement. All that is required is to amend existing regulations. Chancellor Guy Nehammer has announced that this will happen next week. Criticism of this project came from Neos and FPÖ. You spoke of “populism and deception” of the population, because DNA testing is already possible. However, if it were to be used more often, as the ÖVP envisions, there would be delays in procedures and therefore a delay in family reunification.

Source: Krone

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