BILL ON RESIDENCE INCREASES LEGAL INSECURITY OF ALIENS
After the introduction of new, restrictive asylum legislation, the legal security of aliens risks being further undermined by a bill on residence. Even unlimited residence permits can be withdrawn, when the alien concerned has lost his job or dwelling.
The bill is to be voted on the end of June. Compared with previous legislation the bill further undermines aliens' rights of residence. Instead of facilitating the integration of foreigners living and working in the country by greater freedom of movement and equal acces to the labour market, in future only short term residence permits will be granted for the first five years. There is no legal claim for the grant neither of a first residence permit nor for permit prolongation. Even the unlimited residence permit (which can be granted after five years of residence at the earliest) does not result in increased legal security, as it can be withdrawn "when the livelihood or accommodation, as locally customary for a native, is no longer is secured in Austria".
Thus the right of residence of even long term residents becomes extremely insecure. The eviction from an apartment or dismissal can lead to the immediate loss of the right of residence. For alien workers the risks of the labour and the housing market thus become an existential question.
The foreigners police is in charge of residence permits and deportation measures. In case of the withdrawal of the residence permit it can simultaneously pronounce an expulsion order. In such cases an appeal against the withdrawal of the residence permit has no suspensive effect on the expulsion measure.
While the bill further undermines the rights and chances of integration of foreigners already residing in Austria, it enables the Minister for labour and social affairs to grant by ordinance a certain number of residence and work permits limited to 6 months, when this is seen as necessary for meeting the demands of tourism and construction industries. With this regulation the chances for longer term residents are further reduced. The mobile and rightless short term work force will further aggravate competition on the labour market.
Eminent constitutional jurists also criticize that the bill's definition of the cercle of family members who have a right to family reunification is in breach of article 8 of the European Convention on Human Rights, as well as of the jurisdiction of the European Court of Human Rights and the Austrian Constitutional Court. The bill takes over the interpretation of Schengen II which, in its turn is contradictory to the jurisdiction of the EC court in Luxembourg.
The bill will not apply to nationals of countries with which Austria has concluded bilateral or multilateral agreements (e.g. EES countries). Thus it constitutes a further step towards "positive discrimination".
It must be feared that, once voted, the law will force even more people into illegality and thereby aggravate social and racial conflicts.
Sepp Brugger
(Expert of the Green fraction
in the Austrian parliament for asylum, refugee and immigration matters)