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Asylum

The current focus of our work is access to asylum in Austria, taking into consideration relevant development at the EU and international levels. At the moment, we implement projects in the following areas: integration of refugee children in education, victims of torture in the Austrian asylum procedure, and quality of the Austrian asylum procedure.

Apart from that, we investigate the status of persons affected by environmentally induced involuntary migration ( for details, see "environmental migration").

Legal Opinion on "Employment of Asylum-Seekers in Shortage Occupations and the Admissibility of Return Decisions"

BIM_Research

In this legal opinion, Adel-Naim Reyhani (BIM) and Manfred Nowak (BIM) deal with the balancing of interests in the context of interferences with the right to respect for private and family life in Article 8 of the European Convention on Human Rights (ECHR).

BIM POSITION No.11 | 2018: The right to asylum and EU asylum policy

BIM Position No 11

The new BIM POSITION aims at outlining the perspective of the Ludwig Boltzmann Institute of Human Rights on critical elements of the European Union’s (EU) approach towards the institution of asylum. For this purpose, it examines selected aspects of EU policy and presents reflections on a possible way forward based on a conceptualization of the right to asylum.

 

Seminars for Legal Practitioners and the Charter of Fundamental Rights

In the framework of the project Judging the Charter the BIM is organising several seminars for legal practitioners.

Two basis trainings for judges on the Charter and its application in judicial have been held on 25.04.2017 in Wels and on 11.05.2017 in Vienna by the BIM in cooperation with the Federal Ministry of Justice.

Further seminars will be conducted on more specific issues of

The Charter and its application in practise - possibilities of application in concrete in the field of equality on 24.04.2018

Working Conferences - The Charter of Fundamental Rights and its Application in Judicial Practice

Two Working Conferences have been organised in the framework of the project Judging the Charter in 2017. Both Conferences targeted judicial practitioners and aimed at providing platforms for the exchange of experience on questions of applicability and the challenges of implementing Charter rights in practice.

A first Working Conference on 29/30 March 2017 in Vienna was organised by the BIM in cooperation with the Federal Ministry of Justice.

The conference addressed the following issues:

Statement of the BIM on the draft amendment of the Aliens' Law

Website des Parlaments - Gesetzesentwurf

The Ludwig Boltzmann Institute of Human Rights issued its statement on a draft proposed to amend the Austrian asylum and migration law in specifically sensitive areas. The focus of the analysis lies on the human rights dimension of the proposal. The draft amendments are designed to implement a regime that provides the means for restricting the right to liberty of individuals seeking protection in Austria throughout the entire asylum and return procedure. Substantial questions regarding the conformity with international and European human rights law remain unanswered, while some provisions, such as on coercive detention in return proceedings, would even blatantly contravene EU law. In this light, the BIM declares itself against the adoption of this proposal.

BIM Position Nr. 10 | 2017: Deutschkurse für Asylsuchende – Ist eine Unterscheidung nach dem Herkunftsstaat gerechtfertigt?

BIM Position Nr. 10 - Deutschkurse für Asylsuchende

In this BIM position, we address the question of differentiation on the basis of nationality from a fundamental and human rights perspective, using the example of the current proposal to grant asylum seekers from certain countries a legal entitlement to German language courses. For this purpose, we examine the significance of German classes for asylum seekers as well as the case-by-case nature of the asylum procedure.

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