Proposed Immigration and Asylum Restrictions in Austria

Stricter asylum and immigration rules have again become a subject of debate in Austrian domestic politics. The Freedom Party of Austria (FPÖ) has submitted several initiatives to the Interior Affairs Committee of the Austrian Parliament. The proposals focus on reducing illegal immigration and limiting access to Austrian citizenship.

Withdrawal of asylum status obtained with false information

One FPÖ initiative would withdraw asylum status whenever a person made false statements or used forged documents.

Although this principle is already part of EU law, the party argues that Austria has not properly incorporated the rule into national law.

Gernot Darmann, an FPÖ representative, strongly criticised the EU asylum pact and called for Austria to leave the scope of EU asylum law. He cited the efforts of Denmark and Hungary as examples, arguing that member states should be able to withdraw from certain EU policies. Darmann said Austria should represent this position “vehemently and decisively” in Brussels.

He also called for the emergency regulation contained in Austria’s asylum law to be activated. Its purpose would be to prevent illegal immigration through measures including preventing entry, refusals of entry and deportations.

Another proposal would classify entry with an invalid travel document or without permission as a criminal offence. It would also introduce penalties for people smugglers and smuggled persons, including imprisonment in separate penal and deportation centres.

Darmann is also calling for tougher penalties for using forged documents and for endangering public officials.

Making Austria less attractive to economic migrants

Another proposal aims to deter economic migrants and “bogus refugees”. Under it, the FPÖ would allow refugees to receive only benefits in kind and would reduce comprehensive medical care to a minimum level.

Illegal residence and entry would become criminal offences punishable by six months to two years’ imprisonment.

Proposed “asylbetrug” offence

Darmann would introduce the legal concept of “asylbetrug”, or asylum fraud. Under this proposal, people who provide false information or apply for asylum without entitlement would lose their right to asylum status and would be deported.

If they had already received benefits, imprisonment could also be imposed. The proposals would require a residence permit to be automatically terminated after any criminal offence, followed by immediate deportation.

Family reunification and citizenship

The proposals would stop family reunification, including in cases involving unaccompanied minors. In their case, parental rights would be transferred to the youth welfare office, and age assessment would be compulsory.

A separate proposal would prevent people recognised as refugees from acquiring Austrian citizenship. Darmann argues that citizenship is incompatible with the temporary nature of asylum status and describes the current entitlement as a “system error”.

In the final proposal, Darmann calls for a complete and permanent halt to family reunification. He particularly criticised the temporary suspension planned by the current government. In his view, asylum status provides individual protection and should not automatically extend to applicants’ family members.

Practical steps

1. Remember that these are proposals: the initiatives described are political demands and do not, by themselves, change the current rules.
2. Check the status of any measure: follow announcements from the Austrian Parliament and the relevant Austrian authorities before relying on a proposed change.
3. Review your own documents: if you are affected by asylum, residence, family reunification or citizenship rules, keep your travel documents and residence documents available and up to date.
4. Seek case-specific advice: questions about possible withdrawal of status, deportation or family reunification should be assessed individually under the applicable rules.