Austria Suspends Family Reunification for Asylum Seekers: Interior Minister Karner Informs the EU
The Austrian federal government is temporarily suspending family reunification for asylum seekers. Interior Minister Gerhard Karner (ÖVP) presented the plan at a meeting with his EU counterparts in Brussels and submitted a corresponding letter to the European Commission. The measure, which was laid down in the government agreement between the ÖVP, SPÖ, and NEOS, is causing heated debate.
Gerhard Karner informed the EU that the reunification of families for asylum seekers has been halted. / Picture: © BMI Bundesministerium für Inneres / Jürgen Makowecz
According to the Austrian Ministry of the Interior, 7,760 people arrived in Austria via family reunification in 2024, compared to 9,254 in 2023. In spring 2024, monthly arrivals peaked at up to 1,300 individuals. By comparison, 16,784 asylum applications were approved last year, down slightly from 17,239 in 2023.
Government Justification for the Suspension
The Austrian Minister of the Interior, Gerhard Karner, has defended the government’s plan to temporarily suspend family reunifications, citing concerns over the country’s education and healthcare systems. He emphasized that a significant proportion of those arriving are children, which, according to him, places a heavy burden on the Austrian education system. Austria intends to invoke Article 72 of the Treaty on the Functioning of the European Union (TFEU), which permits member states to take measures to protect public order and security.
Legal and Political Reactions
The duration of the suspension remains unclear, and human rights organizations, along with opposition parties, have strongly criticized the decision. Amnesty International Austria labeled the move as “inhumane” and a violation of international obligations. The Austrian government has also indicated that if pressure on the asylum system persists, it may temporarily halt the acceptance of new asylum applications.
The decision has also been affected by Austria’s stance on Syrian nationals. Following the political shift in Damascus, all applications from Syrian nationals were already halted in recent months. The European Commission will now assess whether Austria’s decision aligns with EU regulations.
EU Response and Austria’s Legal Justification
The Austrian EU Commissioner for Migration, Magnus Brunner, emphasized that European law must be upheld. Speaking in Brussels, he stated, “I have taken note of these considerations. We will closely examine what is being planned.” Brunner noted that there are still legal questions within Austria regarding the implementation of the measure and that he would discuss the matter directly with Minister Karner.
Karner, who personally briefed the EU Commission on the decision, argued that Austria's infrastructure was overstretched. In a letter to the Commission, he expressed concerns about the strain on public services, particularly due to migration from Syria and Afghanistan. According to him, Austria’s systems have reached or exceeded capacity, posing risks to the functionality of the Austrian state and its essential public services, particularly in education. He linked deficiencies in education to broader social consequences, including economic performance, public security, and the stability of Austria’s welfare structures.
Despite expected criticism from the EU, Karner indicated that Austria would proceed with its plan regardless of Brussels' stance. He reiterated that, if necessary, Austria would apply the EU emergency clause under Article 72 of the TFEU, which could allow for national measures overriding standard EU legal obligations.
Legal Debate: Validity of Austria’s Approach
Chancellor Christian Stocker reinforced this position, stating that Austria would seek allies at the EU level for potential legal adjustments. He assured that the government would ensure the measure's legal conformity. Stocker is scheduled to discuss the issue at an upcoming EU summit in Brussels.
Legal experts remain divided on the legitimacy of Austria’s approach, as reported by ORF. European law specialist Franz Leidenmühler criticized the move, arguing that an actual emergency, such as war or civil unrest, must exist for Article 72 to be invoked. He contended that overburdened schools do not meet the threshold for such a legal exception, describing Austria’s decision as a politically motivated move in defiance of EU law.
Conversely, legal expert Walter Obwexer from the University of Innsbruck suggested that Austria’s argument might hold if the country can demonstrate that all EU-compliant measures have been exhausted to maintain the quality of its education system. If Austria’s temporary suspension is deemed proportionate and necessary, it may be justifiable under the emergency clause.
Challenges in Education and Public Services
Responding to legal critiques, Karner stood by the government’s decision, particularly highlighting the situation in Vienna, where he claims the education system has been under severe strain. Over the past two years, nearly 18,000 people have arrived via family reunification, including over 2,200 school-aged children. Vienna’s mayor, Michael Ludwig, supported the initiative, emphasizing the challenges facing the city’s schools.
EU Ministerial Meeting on Migration Policies
At the EU Interior Ministers' meeting in Brussels, discussions also centered on migration and return policies. With the European Commission set to propose a new return directive on March 11, Austria is advocating for improved repatriation systems within the EU framework.
The government has not yet communicated how long family reunification will remain suspended. If the asylum system continues to be under pressure, the government has not ruled out temporarily stopping accepting new asylum applications. The number of reunited families had already fallen in recent months, as all applications from Syrian nationals were halted following the change of power in Damascus. The EU Commission will now further examine the extent to which the Austrian decision is compatible with European regulations. It remains to be seen whether Brussels will react to Vienna's initiative.