While Interior Minister Karl Nehammer (VP) calls for changes to the international regulations and is also considering deportations to Syria, a civil war country, Justice Minister Alma Zadic (Green) sees no reason to tighten the law.
“The asylum law has been tightened several times in the last few years. Our laws offer enough possibilities, but you have to apply them consistently,” says Zadic in the “Krone” on Sunday. And she suggests several times that the Ministry of the Interior could have lifted “the suspensive effect” of the complaints made by the convicted Afghans against their deportation. The Ministry of the Interior recently complained that two of the suspects could not be deported despite previous convictions because the Federal Administrative Court had not decided on their complaint against deportation for years.
One shouldn’t shift the blame back and forth now, replies Zadic in the “Krone” to these accusations. “It is important to clear up the case now. And to do everything possible so that something like this can no longer happen in the future. I have commissioned my department to look at where improvements can be made. But the Ministry of the Interior must also examine how in Future mistakes can be avoided. Everyone must take action in their area of responsibility. “
The Federal Office for Immigration and Asylum (BFA) rejected the statement on Sunday that it could have had the suspensive effect withdrawn as false. A suspensive effect can only take place “against a negative decision on an application for international protection”. However, this is not the case here. This is about a revocation of a protection status that has already been granted due to a criminal offense, i.e. a revocation procedure and not an award procedure, explained the BFA in a broadcast.
The office also rejected the claim that the BFA could have accelerated the court decision on the complaint against the deportation. The Federal Administrative Court (BVwG) would have been legally obliged to make a decision within three months, so an application for setting a deadline is actually not necessary. The court had been informed of the criminal offense.
Interior Minister Nehammer, for his part, criticized the existing asylum system in an interview with the daily newspaper “sterreich” (Sunday edition): “The EU asylum system is completely wrong. The Geneva Refugee Convention and its original idea are no longer lived We want protection from persecution in the closest safe country, and not that an asylum seeker can choose the country he wants to live in. This is a fundamental flaw in our EU laws, which force us to let every asylum seeker into the country. no matter where he comes from. “
EU law blocks deportations before the court has decided. “We are forced to wait for the decisions, even though they are criminals.” Nehammer now wants to campaign for changes to the asylum laws at EU level: “The EU asylum system cannot work like this. Criminals must be able to leave the country immediately – they have abused our hospitality rights and have no business here.”
When it comes to asylum, the Minister of the Interior also sharply criticized the Green coalition partner: “The Greens and the SP recently called for a ban on deportations to Afghanistan. That will certainly not happen with me.” When asked whether deportations to Syria should also be possible, Nehammer says: “We are constantly checking this.”
In the case, the FP accused the federal government and the authorities of failure. “This very sad case shows more and more that the government has done nothing to protect our population from criminal migrants,” said FP General Secretary Michael Schnedlitz in a broadcast. He called for tightening of asylum and aliens law, “especially with regard to the easier termination of asylum procedures for criminal asylum seekers and the asylum withdrawal procedure”.
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