VZCZCXRO0004
RR RUEHIK
DE RUEHVI #1419/01 3091358
ZNR UUUUU ZZH
R 051358Z NOV 09
FM AMEMBASSY VIENNA
TO RUEHC/SECSTATE WASHDC 3516
INFO RUCNMEM/EU MEMBER STATES

UNCLAS SECTION 01 OF 02 VIENNA 001419 
 
SIPDIS 
 
DEPARTMENT FOR EUR/CE 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PREL PGOV PHUM AU
SUBJECT: AUSTRIA: ASYLUM REFORMS DESIGNED TO EXPEDITE DEPORTATION IN 
"DUBLIN CASES" 
 
VIENNA 00001419  001.2 OF 002 
 
 
¶1. (U) Summary: The Austrian Parliament on October 21 adopted a set 
of reforms designed to facilitate the detention and deportation of 
unsuccessful asylum applicants.  Many asylum seekers apply in 
Austria after passing through another EU country, and the reforms 
are designed in large part to expedite the return of those 
applicants to their point of first entry within the EU.  The legal 
amendments were supported by the governing Social Democrats (SPO) 
and People's Party (OVP) in an effort to address anxieties about 
immigration and widespread perceptions of abuse of the asylum 
process.  End Summary. 
 
Asylum Law Changes 
------------------ 
 
¶2. (U) Under the amendments to the Asylum Law: 
 
-- Authorities will be able to more easily detain asylum applicants 
awaiting deportation in cases where the applicants entered Austria 
after passing through another EU country (known as "Dublin cases"). 
Such applicants would, in most cases, be deported to the country 
where they first entered the EU. 
 
-- Applicants rejected for asylum may be deported while their 
follow-up applications are pending, in cases where the new 
applications appear to lack justification.  (Note: Rejected asylum 
seekers often file follow-up applications claiming that the 
situation in their home country, or their personal circumstances, 
have changed in some way that could affect their case). 
 
-- X-ray exams can be used to determine the age of asylum seekers 
claiming to be minors, and DNA tests to verify claims of family 
relations.  (Note: Applicants sometimes make false claims about 
their age in order to benefit from the more favorable rules applied 
to minors). 
 
-- Asylum applicants' freedom of movement will be restricted to the 
district of the refugee camp to which they are assigned for the 
duration of their initial application process.  Previously, freedom 
of movement could only be restricted for a period of 20 days after 
starting the initial process. 
 
Asylum Seekers in Austria 
------------------------- 
 
¶3. (U) Between January and September of this year, 11,583 persons 
filed asylum applications in Austria, 16 percent of whom were 
recognized as refugees.  The biggest groups were Chechens, Afghans 
and Kosovars, followed by Georgians, Serbs and Nigerians. 
Recognition rates were highest among Iraqis (51 percent), Afghans 
(44 percent), and Chechens (28 percent).  In 2008, 12,844 asylum 
seekers filed applications, 31 percent of whom were recognized as 
refugees. 
 
Abuse/Crime 
----------- 
 
¶4. (U) The reforms are aimed at addressing widespread concerns over 
abuses of the asylum process and the perceived connection between 
asylum applicants and rising crime.  Illegal aliens sometimes file 
asylum applications to avoid deportation after being caught by 
police.  Some asylum seekers, particularly Nigerian and Georgian 
nationals according to GOA statistics, have been recruited by 
organized crime rings engaged in drug trafficking and burglary, a 
problem exacerbated by the fact that asylum seekers are generally 
barred from seeking employment in Austria.  Since Austria is 
surrounded by neighbors considered "Safe Third Countries" under the 
Dublin Regulation, the law is designed to expedite the return of 
asylum seekers to the country where they first entered the EU, in 
accordance with the Regulation. 
 
Greens, NGOs Opposed 
-------------------- 
 
¶5. (U) The opposition Green Party and human rights NGOs reject the 
legislation as a remedy for these problems.  They argue that 
systematically detaining asylum seekers in "Dublin cases" violates 
human rights principles and will overload Austria's detention 
facilities.  They also maintain that the law, by expediting the 
process, will make it impossible to properly review applications. 
In particular, they question whether legal experts and interpreters 
will have sufficient time to advise asylum seekers.  Critics of the 
legislation argue that the GOA should, instead, allow asylum 
applicants to work legally while their status is pending, an 
unpopular idea rejected by most of the political parties. 
 
Comment: Ruling Parties Under Pressure 
-------------------------------------- 
 
 
VIENNA 00001419  002.2 OF 002 
 
 
¶6. (SBU) The governing SPO and OVP are feeling the heat from the 
successful efforts of the rightwing Freedom Party (FPO) to exploit 
public anxieties over immigration.  While they are unwilling to 
engage in FPO-style immigrant-bashing, these reforms are an attempt 
to demonstrate that they too are tough on immigration, at least the 
illegal kind.  With the EU moving toward a uniform asylum policy, 
the GOA reforms indicate Austria will draw a hard when the details 
are hammered out.