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29<br />

AUSTRIA<br />

Illegal Entry<br />

In May 2001, Austria and the Czech Republic agreed along the lines of the Schengen Treaty to<br />

establish a joint contact office at the border to combat illegal migration between both countries.<br />

Austria has signed similar agreements with Czech Republic, Hungary, Poland, Slovakia and<br />

Slovenia stating the parties’ agreement to join ef<strong>for</strong>ts in fighting organized crime, regulating<br />

border traffic and coordinating asylum issues.<br />

Social Welfare Benefits<br />

In 2002, the Austrian Government denied federal care to persons subject to “absolute” exclusion.<br />

To this group belonged nationals of Armenia, Azerbaijan, Georgia, Serbia and Montenegro,<br />

Macedonia, Nigeria and Turkey, whose claim was rejected in the first instance.<br />

The second group of nationals from India, Pakistan, Bangladesh, Bosnia, Croatia, Macedonia,<br />

Montenegro and Serbia, Albania, Armenia, Georgia, and Russia was only entitled to benefits if<br />

they were minors and there<strong>for</strong>e in need of special protection. Serbs from Kosovo, Chechens<br />

from Russia and Kurds from Turkey were exempted from this practice. The underlying aim was<br />

to confine federal support to those asylum seekers unable to support themselves, but with a<br />

realistic prospect of being granted asylum.<br />

In regard to this practice, it should be noted that detained rejectees who cannot be removed have<br />

to be released after the legally permitted maximum period of six months detention. No residence<br />

permits are granted in these cases, which means that failed asylum seekers depend on the discretion<br />

of the relevant district. Not all districts provide <strong>for</strong> failed asylum seekers and rejectees, who<br />

thus depend on the assistance of private organizations.<br />

This practice has recently been challenged by a decision of the High Court, which ruled that<br />

asylum seekers who cannot maintain themselves are to be supported accordingly by the Federal<br />

State. The new amendment to the Asylum Act, expected to come into <strong>for</strong>ce on 1 May 2004,<br />

opposes this Court decision.<br />

No in<strong>for</strong>mation available.<br />

1.4 STATISTICS ON INVOLUNTARY RETURN<br />

TABLE 1<br />

STATISTICS ON INVOLUNTARY RETURN<br />

Year Number of Deportations<br />

2000 8,935<br />

2001 8,324<br />

2002 6,842<br />

2003 (up to October) 5,622<br />

1.5 BEST PRACTICES AND LESSONS LEARNED

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