Strong Criticism of Planned Suspension of Family Reunification

Partly sharp criticism is directed at the government's draft law for a temporary halt to family reunification. UNHCR, UNICEF, the Red Cross, and NGOs such as the Asylum Coordination express opposition in the (ending today) review against the planned measures because they see the rights and needs of children being weakened. The Constitutional Service in the Federal Chancellery at least requests clarifications.

The draft law essentially provides that the government can temporarily suspend applications for family reunification. The pause is set to begin in mid-May of this year and last at least one year. Specifically, it is still possible to submit an application for entry for the purpose of applying for family reunification at the respective representative authority. However, the further course of the procedure and the deadlines contained therein are generally suspended until the regulation is withdrawn or amended. Exceptions are to be made, for example, if children in the country of origin do not have adequate caregivers. The same applies to children and adolescents who have traveled ahead, whose parent in the country of origin is the only possible caregiver.

The UN Refugee Agency UNHCR warns of "serious" consequences of the legislative amendment. A large part of those affected are women and children who have stayed behind in the hope of a soon reunion in their homeland or in a first refuge state. If a reunion is not possible in a regular way, they would increasingly resort to dangerous irregular escape routes over land and sea to reach their relatives.

Family Reunification Halt: Concern for Child Welfare

For UNICEF, the law contradicts the principle of the primacy of child welfare as well as other fundamental children's rights, some of which are even constitutionally enshrined - such as the right to family, best possible development and growth, health, and education. Child welfare must be given priority in relation to family reunification of and with refugee children.

The Red Cross doubts that there is an emergency situation in Austria regarding the current refugee situation, as the government seems to perceive. Therefore, they see a collision with EU legal provisions. Apart from that, the measure leads to suffering in many cases, endangers the safety and health of family members, and negatively affects the integration of refugees.

According to the asylum coordination, the halt does not solve any problems and does not address the actual challenges in the education sector. Overall, it is seen as a measure that massively violates European legal obligations. The People's Aid, on the other hand, notes a contradiction to the UN Convention on the Rights of the Child and the Universal Declaration of Human Rights. Overall, the measure is evaluated as a "populist distraction maneuver."

Constitutional Service Cautious

The Constitutional Service in the Federal Chancellery expresses itself more cautiously. It sees the responsibility for examining EU conformity with the Ministry of the Interior. Various unclear formulations are criticized from the experts' point of view. Therefore, clarifications are requested on some points.

The Federal Administrative Court fears a "significant" additional burden due to the possibility of a complaint for delay against the suspension of family reunification. More judge positions would be needed.

The short review period is critically noted in most statements.

(APA/Red)

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