Studies

This study focuses on Austria’s policies and practices regarding unaccompanied minors following the determination of their residence status. It explores support and integration measures for unaccompanied minors once their residence status has been established as well as policies and procedures regarding their return after an application has been rejected. Furthermore, the study covers the issues of unaccompanied minors during transition to the age of majority and addresses the absconding of unaccompanied minors from care facilities.

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.

The topic of this study is family reunification of third-country nationals in Austria. Main parts of the study are dedicated to the requirements and the procedure for family reunification. Additionally, the rights and duties of family members after their arrival in Austria are dealt with. The study also highlights recent developments, challenges and good practices in this field. In a separate chapter, important court rulings with respect to family reunification are presented and commented upon. Statistical information is also included in a separate chapter. 

This study deals with illegal employment of third-country nationals in Austria. Illegal employment is defined as an economic activity carried out in violation of provisions set forth in legislation, specifically the Act Governing the Employment of Foreigners. In particular, the study takes a look at the following aspects of illegal employment: (i) prevention measures, (ii) identification of illegal employment, (iii) sanctions for employers, and (iv) consequences for third-country nationals found to be working illegally. The study also presents available statistical data and highlights challenges and good practices.

This study deals with the voluntary or forced return of rejected applicants for international protection from Austria. In particular, the study describes the relationship between the asylum procedure and the return of rejected asylum-seekers. Further, the study elaborates on challenges to the return of rejected asylum-seekers and how these challenges may be overcome or mitigated. Another main topic are rejected asylum-seekers who cannot be removed for the time being. Additionally, the study discusses practices and policies in Austria that may be regarded as good practices.

This study provides an overview on Resettlement and the Austrian Humanitarian Admission Programme for especially vulnerable Syrian refugees. The first and second part of the Humanitarian Admission Programme (HAP I and HAP II) are examined in the context of developments at the global, European and Austrian level. After a presentation of the legal framework, the main actors are introduced. The study also describes the process and funding of both parts of the programme and presents statistics as well as experiences in implementing the programme.

This study deals with options for changing residence status in Austria without having to leave the country. After giving an overview of the respective admission criteria in each case, the study elaborates on the possibilities of changing an existing residence permit. Furthermore, the question of whether a change of immigration status brings about specific legal advantages or disadvantages is also examined. In particular, the policy objectives underlying the provisions on changes of purpose are discussed.

This study focuses on the integration of beneficiaries of international protection (persons granted asylum and beneficiaries of subsidiary protection) and persons who have been issued a humanitarian residence title in the framework of an asylum procedure into the labour market. The study provides an overview of state-funded measures that promote the labour market integration of the target group. Therein, it indicates to what extent these measures are tailored to the specific needs of the target group and whether they are eligible to access these measures. In addition, the availability of statistics is addressed.