Subsidiary protection beneficiary

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Card for persons entitled to subsidiary protection in Austria

Persons entitled to subsidiary protection are in the European Union - recitals 50 and 51 of Directive 2011/95 / EU (Qualification Directive) exclude Great Britain, Ireland and Denmark from the scope of application - persons who, in the absence of refugee status within the meaning of the Geneva Refugee Convention of 1951 ( Convention refugees ) - according to Article 15 of Directive 2011/95 / EU there would be a risk of serious damage if they returned to their country of origin. Serious damage within the meaning of this article is:

  • the imposition or execution of the death penalty
  • Torture or inhuman or degrading treatment or punishment
  • a serious individual threat to the life or the integrity of a civil person as a result of indiscriminate violence in an international or domestic armed conflict .

Subsidiary means “makeshift” and subsidiary protection is a makeshift extension of the definition of the conditions under which refugees are entitled to protection, since the definition from 1951 is no longer sufficiently appropriate to the circumstances. However, strictly legally speaking, refugees who are granted this status are not refugees as defined in the 1951 Convention.

Germany

Before the implementation of Directive 2011/95 / EU (Qualification Directive), there was no separate status in German law for foreigners who were not recognized as persons entitled to asylum under Article 16a of the Basic Law or as refugees under the GFK . Rather, a ban on deportation according to Section 60 subs. 2, 3 or 7 sentence 2 of the Residence Act ( old version ) was established for persons who met the requirements of the Qualification Directive . There are also national prohibitions on deportation in accordance with Section 60 subs . 5 and 7 sentence 1 of the Residence Act. If such a ban on deportation was established, the foreigners were usually given a residence permit in accordance with Section 25 (3) of the Residence Act.

Law implementing Directive 2011/95 / EU: in force from December 1, 2013

With the law implementing Directive 2011/95 / EU , the requirements for refugee status and subsidiary protection status were included in the Asylum Procedure Act (today's name: Asylum Act ) under the heading of international protection . Since then, they no longer have the character of mere deportation bans, but have been upgraded to institutionalized forms of protection. Their content is specified by the qualification guideline.

According to Section 4 (1) AsylG, persons who have suffered serious damage such as the imposition or execution of the death penalty, torture or inhuman or degrading treatment or punishment or a serious individual threat to the life or the integrity of a civil person as a result of arbitrary violence in the context of an international or domestic armed conflict threatens, eligible for subsidiary protection. Furthermore, the examination of the protection status is now expressly part of the asylum application.

However, according to Section 4 (2), a foreigner is excluded from subsidiary protection status if there are serious reasons that justify the assumption that he

  1. has committed a crime against peace, a war crime or a crime against humanity,
  2. has committed a serious crime,
  3. has been guilty of acts contrary to the aims and principles of the United Nations, or
  4. represents a danger to the general public or to the security of the Federal Republic of Germany.

Residence permit and settlement permit

As a result of this change, persons entitled to subsidiary protection receive a residence permit in accordance with Section 25, Subsection 2, Clause 1, 2nd Alternative Residence Act, which is initially issued for one year and then extended for two years. Foreigners who already have a residence permit in accordance with Section 25, Paragraph 3 of the Residence Act because they have been banned from deportation under European law under the old law are legally entitled to subsidiary protection under the new law. If there are no grounds for exclusion, this group of people will subsequently receive a residence permit in accordance with Section 25 (2) of the Residence Act. There is a right to social benefits and access to education for minors entitled to subsidiary protection. Persons who are determined to be nationally prohibited from deportation continue to receive, as a rule, a residence permit in accordance with Section 25, Paragraph 3 of the Residence Act, otherwise a Duldung . The residence permits, which are based on different legal bases, have significant legal consequences for social benefits, the consolidation of residence and subsequent naturalization.

So is z. B. a right to a settlement permit according to § 26 Abs. 3 AufenthG after three years legal residence for holders of a residence permit according to § 25 Abs. 2 Satz 1, 2. Alternative AufenthG excluded. Foreigners who have been granted subsidiary protection can, however, obtain the settlement permit via Section 26 subs. 4 of the Residence Act. Through the law on the redefinition of the right to stay and the termination of residence , this settlement permit can now be obtained after five instead of the previous seven years of residence, provided the remaining requirements of Section 9 (2) sentence 1 of the Residence Act are met.

In addition, since September 6, 2013 it has also been possible to obtain an EU long-term residence permit . It is also possible to have both residence permits at the same time .

Disadvantages of subsidiary protection compared to refugee status

For those seeking protection, subsidiary protection has several disadvantages compared to refugee status: This status is initially granted for only one year. In addition, in response to the refugee crisis in autumn 2015, the right to family reunification, which had only recently been introduced in August 2015, was suspended until July 31, 2018. In addition, it is more difficult to integrate into the labor market , as the stay and thus also a possible employment relationship is associated with more insecurity.

Austria

Residence permit and access to the labor market

The residence permit associated with the determination of the need for subsidiary protection is usually limited to one year and can be extended - even several times - by two years at a time.

Unlike asylum seekers subsidiary protection have recognized as Convention refugees access to the labor market and do not require a work permit (§ 1 para 2 lit a AuslBG). If necessary, you will be supported by the Public Employment Service (AMS).

Minimum income for those entitled to subsidiary protection until May 31, 2019

Until June 1, 2019, the minimum income for those entitled to subsidiary protection was regulated differently from state to state. The persons concerned were in Carinthia, Upper Austria, Tyrol, Vorarlberg and Vienna Guaranteeing , in Burgenland, Lower Austria (since April 2016), in Salzburg and Styria only the basic services that also get asylum during the procedure.

The status is documented with an identity card in brown color, since 2009 an alien's passport has also been issued as a rule .

Minimum income reform: Federal minimum income from June 1, 2019

The Austrian ÖVP-FPÖ federal government announced the details of a minimum income reform on Wednesday, November 28, 2018. Initially, the Council of Ministers decided on a "punctuation" for the new minimum income, ie a political declaration of intent. The exact bill should then follow in the course of the week and be reviewed for six weeks.
This meant that families with children and people with poor knowledge of German were faced with severe cuts. Federal Chancellor Sebastian Kurz (ÖVP) and Vice Chancellor Heinz-Christian Strache (FPÖ) emphasized work incentives for recipients in particular. In some federal states (Vienna), persons entitled to subsidiary protection were still covered just as well as persons entitled to asylum until June 1, 2019. With the entry into force of the reform of the minimum income, they fell from the minimum income of 863 euros to the level of the basic provision (320 euros). In other federal states such as Styria, they had to get along with it before November 2018. From mid-2020 onwards, the federal states are to cast and implement the requirements of the federal government in their own laws. Even then, ongoing payments may not be interfered with. However, recipients must renew the minimum income annually. The reduction will then take effect at the latest, i.e. in the last cases in mid-2021. All persons entitled to asylum and subsidiary protection who are then included in the minimum income are automatically affected.

In Austria, the National Council decided at its meeting on April 25, 2019 that the so-called needs-based minimum income should be abolished. As of June 1, 2019, the monthly social assistance was limited to a maximum amount of 885 euros. Couples have the opportunity to receive up to 1,240 euros. Families for children receive staggered contributions. There is a contribution of 221 euros for the first child and a contribution of 133 euros for the second child. From June 1, 2019, there is up to 44 euros in additional help in Austria from the third child onwards.

From June 1, 2019, the regulation for social assistance and minimum income in Austria will apply

EU or EEA citizens only have an unrestricted right to social assistance or minimum income in Austria if they have been employed in Austria or have lived in Austria for more than five years. Third-country nationals are only entitled to social assistance or minimum income if they have legally lived in Austria for more than five years. Asylum seekers are entitled to social assistance from the moment they are granted protection status as refugees. Asylum seekers are entitled to social assistance from the moment they are granted protection status as refugees. New from June 1st, 2019:

“Those entitled to subsidiary protection, on the other hand, are only granted core social assistance benefits that do not exceed the level of basic provision. If benefits are granted through the social assistance system, core social benefits are to be limited to the level of basic provision without exception. "

Directive 2011/95 / EU does not apply to the UK, Ireland and Denmark

The Directive 2011/95 / EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection and according to recitals (50) and (51), the following does not apply to the content of the protection to be granted for Great Britain, Ireland and Denmark:

Recital 50: exception for the United Kingdom and Ireland

" (50) According to Articles 1 and 2 and Article 4a (1) of the Protocol (No. 21) on the position of the United Kingdom and Ireland with regard to the area of ​​freedom, security and justice, annexed to the TEU and the TFEU, the The United Kingdom and Ireland, without prejudice to Article 4 of this Protocol, shall not be involved in the adoption of this Directive and are neither bound by this Directive nor required to apply it. "

Recital 51: exception for Denmark

" (51) According to Articles 1 and 2 of the Protocol (No. 22) on the position of Denmark annexed to the TEU and the TFEU, Denmark is not participating in the adoption of this Directive and is neither bound by this Directive nor obliged to apply it."

See also

Portal: Migration and Integration  - Articles, categories and more on migration and flight, intercultural dialogue and integration

Individual evidence

  1. ↑ Duden: subsidiary
  2. ^ From August 28, 2013 (Federal Law Gazette I p. 3474), which came into force on December 1, 2013.
  3. ↑ With regard to subsidiary protection, primarily through Art. 15.
  4. ↑ See Section 13  (2) AsylG.
  5. ↑ See Section 104, Subsection 9, Residence Act.
  6. ↑ From July 27, 2015 (Federal Law Gazette I p. 1386); in force since August 1, 2015.
  7. ↑ BVerwG, judgment of March 19, 2013 - 1 C 12.12 - .
  8. ^ Karl-Heinz Meier-Braun, Reinhold Weber Reinhold: Germany Immigration Country: Terms - Facts - Controversies , 3rd edition, 2017, ISBN 978-3-17-031864-9
  9. ↑ Family asylum and family reunification. BAMF, December 9, 2016, accessed October 13, 2017 .
  10. ↑ Flood of lawsuits - Syrians want full refugee status. In: welt.de. September 27, 2016, accessed September 27, 2016 .
  11. ↑ Archived copy ( memento of the original from January 3, 2011 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.integrationsfonds.at
  12. ^ Persons entitled to subsidiary protection in Austria. UNHCR Austria, February 2015, accessed on February 3, 2018 . P. 14.
  13. ↑ Information on the employment of foreigners: Employment of asylum seekers. AMS, January 2016, accessed November 26, 2016 .
  14. ↑ Press conference - asylum seekers looking for a job. AMS, January 12, 2016, archived from the original on November 27, 2016 ; Retrieved November 26, 2016 .
  15. ↑ Irene Brickner: Minimum income deleted: Refugee family in poverty. In: derStandard.at. July 2, 2016, accessed November 26, 2016 .
  16. ^ Social benefits for refugees - A comparison of the federal states. Media Service Point New Austrians, March 24, 2016, accessed on November 26, 2016 .
  17. ↑ Questions and Answers. In: asylwohnung.at. Retrieved November 24, 2016 .
  18. ↑ http://www.parlament.gv.at/PAKT/VHG/XXIV/I/I_00330/fname_167909.pdf (p. 33)
  19. ↑ Guarantee of sufficient resources : Government sees "fair" model and work incentives , Profil.at, November 28, 2018, accessed on June 23, 2019
  20. ↑ New minimum income : Refugees should know these 6 points , Profil.at, by Clemens Neuhold, November 29, 2018, accessed on June 23, 2019
  21. ↑ Minimum income 2019 in Austria - reductions, amount, entitlement, processing time, application , foerderportal.at, accessed on June 23, 2019
  22. ↑ a b Foreign citizens : Social assistance or minimum income, oesterreich.gv.at, content status: June 1, 2019, approved by: Federal Ministry of Labor, Social Affairs, Health and Consumer Protection, accessed on June 23, 2019
  23. ↑ a b c DIRECTIVE 2011/95 / EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 December 2011 on standards for the recognition of third-country nationals or stateless persons as persons entitled to international protection, for a uniform status for refugees or for persons with the right to subsidiary protection and for the content of the protection to be granted, December 20, 2011, Official Journal of the European Union L 337/9, PDF file with 18 pages, accessed on June 23, 2019