Studies

The subject of this study compromises those national protection statuses that have not been harmonized through EU-legislation but are based on provisions of national law. At first, discretionary grounds and humanitarian considerations, on the basis of which a national protection status can be granted, are examined with regard to practices and the legal situation in Austria. Moreover, possible statuses in the context of admission programmes are specifically dealt with. The study also provides an overview of the provisions, practices and rights relating to the “Residence Title for Particularly Exceptional Circumstances”, a non-EU-harmonized protection status that exists in Austria. Finally, the study takes a look at the public debates and key challenges in this area.

The study examines in detail the migratory pathways open to third-country start-up founders and innovative entrepreneurs who wish to become established in Austria. The main focus is on identifying the various conditions and factors influencing the success of efforts to attract and retain such businesses as well as describing the migratory pathways. We also address the challenges and good practices as well as public debates and the existing evaluations of this issue. The period under study spans 2014–2018.

The study examines the legal and political framework as well as concrete measures for attracting and retaining international students in Austria. The analysis focuses particularly on the conditions of entry and residence, concrete rights and the higher education system regarding international students in Austria. Moreover, the study looks at residence options for international graduates and their subsequent labor market integration. Finally, the study explores transnational cooperation in the higher education sector.

The study deals with the question whether international protection may be withdrawn in Austria after a person who has been granted international protection travelled to their country of origin or established contact with the authorities of their country of origin. The study therefore covers the precise legal provisions applying to the withdrawal of both asylum status as well as subsidiary protection status; these provisions set out the specific conditions for withdrawing either status and also specify the consequences resulting from withdrawal. In addition, the national report presents one case example as well as specific examples relating to withdrawal of protection status, illustrating official decisions in practice and court rulings.

The study researches the impact of visa liberalizations for third countries of the Western Balkans and the Eastern Partnership on Austria. Therefore, various aspects of the following particularly relevant subject areas are examined: population, visa applications, irregular stays, applications for asylum, return decisions and voluntary return, cooperation with the relevant third countries, economy, labour market, crime and public security, as well as misuse of visa-free regimes.

This study provides an overview of Austria’s policy strategies and practices relating to the labour market integration of third-country nationals and explicitly addresses four integration measures, either of a general nature or specifically relating to labour market policy. The target group of the study consists of third-country nationals who regularly reside and have the right to work in Austria. Beneficiaries of international protection, asylum seekers, and students and researchers are not included in the study.

The study provides an overview of Austria’s responses to the changing influx of migrants in the period from 2014 to 2016, the significant numbers of asylum seekers arriving and the challenges involved. At the outset, a brief description of main policy and legislative changes is given. The study focuses on state measures taken in Austria due to the situation of the changed influx.

This study explores how the legal situation and the practices of authorities in Austria are influenced by EU rules and standards. Attention is given to the challenges in carrying out return measures effectively, as well as to good practices to ensure the enforcement of return obligations, in compliance with returnees’ fundamental rights and with the principle of non-refoulement.

The study focuses on the establishment of the identities of third-country nationals in procedures under aliens law. Identity is defined as a set of characteristics related to a person which makes it possible to individualize that person. Such characteristics include the person’s name, date and place of birth, nationality, origin and biometric characteristics. This study covers both, identity establishment procedures for third-country nationals for granting residence permits and visas as well as for returning migrants.