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What is the specific case really about?
According to the information available to KURIER, at least in the case of the Georgian schoolgirl, who attracted the most media attention, there is no formal reason for asylum. In 2009 his mother submitted the first asylum application and in 2010 it was rejected. After further applications, the mother traveled back to Georgia with her eldest daughter in 2012. In 2014 she arrived in Austria on a tourist visa via the Netherlands and in 2015, after the birth of another daughter, she submitted another application, which eventually was rejected in 2017. She stayed, applied again, and received another negative response. In total, there were five negative asylum proceedings, which were rejected for almost identical reasons by the ordinary courts.
Why can children born in Austria be deported to a country they hardly know?
Unlike much of North and South America, the principle of place of birth (“ius soli”) does not apply in Austria, according to which one receives citizenship wherever one is born. SOS colleagues, parts of the Greens and small immigrant groups like SÖZ demand that children born in Austria have the right to an Austrian passport.
Couldn’t Vienna or Lower Austria issue or suggest a “humanitarian right to remain” in these or other cases?
No. The possibility for the federal states to influence a right of residence in this way only existed until 2014. The participation of the federal states was revoked by the SPÖ and ÖVP and with the consent of the federal states. When well-integrated families in Vorarlberg and Salzburg were to be deported in 2018, Vorarlberg Governor Markus Wallner (ÖVP) tried to reignite the debate on the right to remain at the state level. It was unsuccessful.
Does the case have any implications for the current political debate or the line of government?
No less than Federal President Alexander Van der Bellen doubted Thursday night that the legal margin had been exhausted. “Were the children listened to enough? What about children’s rights? “He said in a statement on Facebook.
