Amendment to the Asylum Act: Critics speak of deception and violation of the law!

Amendment to the Asylum Act: Critics speak of deception and violation of the law!

On April 26, 2025, the National Council passed a controversial change to the Asylum Act that significantly restricts family reunification for recognized refugees and those entitled to subsidiary protection. This amendment was passed with the votes of the ÖVP-Green coalition and is causing heated discussions in the political landscape. In a brief overview, FPÖ leader Herbert Kickl is critical of the government's measures and describes them as a deceptive maneuver that is reminiscent of previous political activities.

The new law allows direct relatives to apply for entry for family reunification. However, as a rule, the course of the procedure is suspended. One reason for these strict measures could be the low number of only 60 applications for family reunification in February 2025, which may be due to stricter checks. Furthermore, applications from Syria are not even processed.

Criticism of the measures

Kickl emphasizes that the restrictions on family reunification are not only inadequate, but also have a negative impact on refugees' chances of integration. Amnesty International and the UN refugee agency criticize this regulation as a violation of international law. In particular, Article 8 of the Human Rights Convention, which guarantees the right to family life, is seen as legally vulnerable if family members are rejected across the board.

The government justifies the measures with the EU emergency clause and describes them as temporary relief, especially for the education system. Kickl, on the other hand, calls for more comprehensive measures to combat illegal migration and warns that the government should not boast about the falling asylum numbers. He expresses his opinion that the challenges posed by a high influx of illegal migrants are leading to the systems being overwhelmed.

A larger European context

The regulations discussed fit into a larger European context in which the rights of asylum seekers are increasingly restricted in several EU member states. According to Institute for Human Rights, numerous sources report cases of forcible returns of asylum seekers without their reasons for asylum being examined. The accommodation of refugee families in prison-like camps is also a serious problem.

The planned reform at EU level is supposedly aimed at speeding up asylum procedures, but it is argued that these regulations deviate from basic human rights principles. People seeking protection from countries with low recognition rates have to go through accelerated border procedures and are initially considered not to have entered the EU's external borders, even though they have set foot on European soil.

These legal regulations and the associated determination to speed up asylum procedures raise fundamental questions about the EU's respect for human rights and the humane treatment of refugees. Combating chain deportations to countries of origin remains a challenge that violates the principle of non-refoulement and shows how extensively the problem has grown in the European asylum policy debate.