Committee on Internal Affairs approves Asylum and Migration Pact Adaptation Act

The National Council's Committee on Internal Affairs approved the national implementation of the Asylum and Migration Pact.

Interior Minister Gerhard Karner described the legislative package as the "most significant tightening of immigration law in 20 years". He stated that an asylum system can only function if it is "strict, tough but also fair", arguing that it must be protected against abuse and overburdening, while at the same time providing assistance to those who truly need it. The coalition parties viewed the package as the basis for a "sustainable European solution". 

The Committee on Internal Affairs also approved a further amendment implementing EU requirements, aimed at reforming the rules on guardianship for unaccompanied minors. The Act on Guardianship for Unaccompanied Minors (ObUM-G) aims to ensure that legal representation for unaccompanied minors is guaranteed from the moment they are identified within the federal territory. The Child and Youth Welfare Services (KJHT) is to be entrusted with guardianship by operation of law, thereby eliminating the need for the currently required guardianship court proceedings and avoiding associated delays. The proposal further provides that the KJHT will carry out an initial assessment of whether a person is a minor. If doubts arise, court proceedings may be initiated to determine the individual’s age. Pending a decision, the individual is generally to be presumed to be a minor.