Statement

Statement on the AMPAG draft

The Advice Center for Migrants has submitted a statement on the draft of the Asylum and Migration Pact Adaptation Act (AMPAG).

In our view, the draft contains numerous provisions that could lead to a deterioration in the legal residence situation of third-country nationals. We are particularly critical of the shift of central legal guarantees to the area of official discretionary decisions, insufficient protection mechanisms for particularly vulnerable groups of people and unclear legal terms that could lead to restrictive interpretations during enforcement.

There are particular concerns with regard to:

• the withdrawal of residence permits in the event of unemployment,
• Restrictions on family reunification,
• lack of clarification regarding data processing,
• and barriers to permanent residence – EU.

In our view, the draft does not take sufficient account of Austria’s human rights obligations and integration policy objectives.

We therefore demand, among other things, a stronger decoupling of the right of residence from short-term labor market authority decisions, clearer legal guidelines, the removal of obstacles to permanent residence and a human rights impact assessment before the amendment comes into force.

The complete statement with all legal explanations and detailed justifications can be found in the attached PDF document.