Return - IOM Publications - International Organization for Migration

Return Migration: Policies and Practices
The Federal Law Concerning the Granting of Asylum (Asylum Act) of 14 July 1997 (FLG I
No. 76/1997), as amended by the FLG I No. 4/1999, FLG I No. 41/1999, FLG I No. 196/1999,
FLG I No. 82/2001, FLG I No. 126/2002;
Federal Law Concerning the Entry, Residence and Settlement of Aliens (Aliens Act) of
14 July 1997 (FLG I No. 75/1997) as amended by FLG I No. 86/1998, FLG I No. 158/1998,
FLG I No. 98/2001, FLG I No. 142/2001, FLG I No. 69/2002, FLG I No. 126/2002 and
FGL I No. 134/2002;
Schengen Agreement and Dublin Convention – incorporated into domestic law, the former
via FLG III No. 90/1997, as amended by FLG I No. 128/1999;
Security Police Law (Sicherheitspolizeigesetz) of 1991 with its amendments.
The two main legislative texts for the regulation of forced return are the Austrian Aliens Act of
1997 with its amendments and the Foreigners Act of 1997 with respective amendments. At the
end of October 2003, the Austrian Parliament passed an amendment of the Asylum Act, which
will come into force 1 May 2004.
The Austrian People’s Party (ÖVP) and the Austrian Green Party (Die Grünen) announced that
they would challenge the new law at the Constitutional Court, for not being in compliance with
the Austrian Constitution. UNHCR, several NGOs and other stakeholders in the field of migration
have criticized the law for its restrictive character.
The new Asylum Act foresees several changes, amongst them:
Provisions for instating a quick pre-screening procedure to accelerate the asylum determination
procedure, which means that claims will be examined and a first decision on whether
asylum seekers are granted asylum or are expelled, or their claim is admitted for further examination,
will have to be taken within 72 hours. The law foresees in this context the establishment
of special “first contact” reception centres (Erstaufnahme-Zentren);
In case of appeals following a negative asylum decision, it is no longer possible to present
new case evidence, and the appeal will be judged only on the initially submitted information.
This provision will not apply to traumatized refugees;
Asylum seekers who are not able to maintain themselves will not have a legitimate claim for
financial support from the state; 1
Expulsion and deportation of asylum seekers will be possible despite pending appeal decisions.
Under Article 33 of the Aliens Act, aliens may be expelled by administrative order if they are
unlawfully resident in Austria. The lack of financial means for self-maintenance is a ground for
expulsion, as well as illegally entering Austria, prostitution, working without prescribed permits,
or where the migrant’s presence is deemed to be a threat to public security and order.
According to Article 40, expulsion orders are enforceable after becoming legally binding.
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