Ex-judge of the Court of Justice: – The Afghan ruling will not cause a storm

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All Afghan women have the right to asylum in Europe. The Court of Justice of the European Union ruled this last week. Experts believe that the ruling of the Court of Justice has far-reaching consequences for migration policy. They accuse the ECJ of depriving governments of the means to control migration. Smugglers only have to ensure that they bring women to an EU country. Former ECJ judge Maria Berger vehemently contradicts this.

Abolishing individual case checks is a relief for the asylum authorities and will not create a pull effect, the former Austrian Minister of Justice emphasizes, supporting her assessment: “Not a single woman (from Afghanistan) has been rejected in Austria for two years.” Furthermore, only 1,000 asylum applications were submitted by Afghan women across the EU.

Berger cannot understand the demand for a “change” in the case law of the Court of Justice, as NEOS politician Irmgard Griss, among others, demanded: “I do not understand at all how to talk about a change in the case law, especially on the occasion After all, this judgment would come. National asylum authorities are said to consistently “achieve the same result” with Afghan women.

Automatic protection already in Sweden and Finland
Countries such as Sweden and Finland stopped investigating individual cases two years ago and automatically granted protection to Afghan women. The number of asylum applications from Afghan women in the two countries has not increased since then. The former Minister of Justice expects that there will be no increase as a result of the ECJ ruling. As for family reunification, this is limited to the nuclear family – i.e. children and spouse – adds the long-time SPÖ member.

Berger characterizes the announcement by the Ministry of the Interior that it will continue to investigate individual cases, even after the Court of Justice ruling, as a “continued election campaign”. After all, according to the ruling of the EU’s highest courts, it is actually the Administrative Court that is in charge, the appeal body of the Federal Office for Immigration and Asylum (BFA), which is part of the Ministry of the Interior.

Source: Krone

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