Universal Periodic Review

Review section 35 (2) of the asylum law, granting the right to family reunification without undue restrictions, in particular to unaccompanied minors

Proponent:

Remarks to progress by Liga (last modified Dec 31, 2024):

Section 35 (2) of the Asylum Act regulates family reunification for beneficiaries of subsidiary protection (see Asylum Act 2005, Federal Law Gazette I No. 56/2018 : https://www.ris.bka.gv.at/eli/bgbl/i/2005/100/P35/NOR40205456). According to a study from December 2016, there are further challenges in the area of family reunification (see the PDF from the European Migration Network on family reunification of third-country nationals in Austria: https://www.emn.at/wp-content/uploads/2017/02/Die-Familienzusammenfuehrung-von-Drittstaatsangeh%c3%b6rigen-in-%c3%96sterreich.pdf, page 35 ff). In contrast to persons entitled to asylum, a 3-year waiting period without any flexibility is required for persons entitled to subsidiary protection. This cannot be waived even by a decision of the authorities. In addition, there are the fundamental problems that exist with every family reunification under Austrian law: German language skills must be demonstrated at the time of application. And at least in the context of a prognosis decision, the authorities must be convinced of a secure livelihood and local housing for the family that will join them in the future. This legal situation remains unchanged.  In fact, there has been a larger number of family reunifications in recent years, although the publicly available statistical data does not allow a breakdown into family reunifications of persons entitled to asylum or subsidiary protection. The Red Cross ( https://www.roteskreuz.at/ich-brauche-hilfe/familienzusammenfuehrung) in particular provides support services and counselling for applications for family reunification;