Unaccompanied minor alien
An unaccompanied minor foreigner is a minor foreigner who is not accompanied by an adult who is legally responsible for him , according to Section 2, Paragraph 1, Item 17 of the Austrian Settlement and Residence Act . According to the General Civil Code , a minor is anyone who has not yet reached the age of 18. Anyone who does not have Austrian citizenship is a stranger . These can be EEA citizens or Swiss or third-country nationals or stateless persons with equal status under the Free Movement of Persons .
The minors are often people seeking protection , but also irregularly entered, trafficked or other people.
care, support
Article 7 of the agreement between the federal government and the states in accordance with Art. 15a B-VG on joint measures for temporary basic care for strangers in need of help and protection lists the special provisions that regulate a nationwide guarantee of basic care in the respective constitutional area of competence for this group of people. Minors Minors may according to § 76 Fremdenpolizeigesetz not in detention pending deportation are taken.
Child and Youth Services
Unaccompanied minors are accommodated in special accommodations and receive special care and care. This includes:
- Medical supplies
- Access to legal advice
- Access to education
- Access to vocational training and employment
- Integration measures and help with family reunification
After reaching the age of 18, child and youth welfare can be continued for young adults within the framework of § 29 B-KJHG if this is urgently necessary.
Unaccompanied minor asylum seekers
For asylum seekers , i.e. people who apply for asylum in Austria , the same rules apply as for unaccompanied minors in general.
The number of asylum applications from unaccompanied minors according to the annual statistics published by the Federal Ministry of the Interior at the beginning of the following year:
| year | under 14 years | 14 to 18 years | Age of majority established * | Total applications |
|---|---|---|---|---|
| 2004 | 43 | 871 | 298 | 1212 |
| 2005 | 81 | 709 | 91 | 881 |
| 2006 | 63 | 361 | 74 | 488 |
| 2007 | 50 | 466 | 66 | 582 |
| 2008 | 64 | 706 | 104 | 874 |
| 2009 | 43 | 1019 | 123 | 1185 |
| 2010 | 34 | 653 | 247 | 934 |
| 2011 | 57 | 1064 | 225 | 1346 |
| 2012 | 84 | 1490 | 207 | 1781 |
| 2013 | 67 | 932 | 188 | 1187 |
| year | under 14 years | 14 to 18 years | not included from 2014 ** | Total applications |
| 2014 | 119 | 1857 | - | 1976 |
| 2015 | 743 | 7534 | - | 8277 *** |
| 2016 | 372 | 3528 | - | 3900 |
| 2017 | 143 | 1209 | - | 1352 |
* For the provisions regarding presumed or established age of majority, see the section on age determination
** from 2014, age information that was assessed as incorrect with the note "In the case of objective assignments to the age groups, the age that was accepted by the national authorities at the time of the evaluation was used. Corrections based on an age determination are possible retrospectively. ” Is no longer listed separately in the statistics.
*** see: Refugee crisis in Europe from 2015
Age determination
If there are any doubts about the age, the asylum authorities must obtain expert opinions on age determination in accordance with the standards of the Working Group for Forensic Age Diagnostics.
According to the answer to a parliamentary question in 2017 by the then Interior Minister Wolfgang Sobotka ( ÖVP ), the Federal Office for Immigration and Asylum commissioned an X-ray of the left hand in 1458 cases in 2014, which did not provide a clear result in 798 cases. whereupon an age assessment was requested. 414 times (with 59% of those assessed) the age of majority was recognized. In 2015, 5322 x-rays were taken, of which 2826 did not provide a clear result and led to a further assessment. 1746 reports were received, with 832 cases (48% of those assessed) being found to be of legal age. In 2016 there were 3943 hand x-rays, which remained unclear in 2847 cases and led to 2252 reports. Of these, 919 (41% of those assessed in this way) were of legal age.
Web links
- B-VG, Article 7 special provisions for unaccompanied minors
literature
- Saskia Koppenberg: Unaccompanied Minors in Austria , International Organization for Migration (IOM) 2014
Individual evidence
- ^ Saskia Koppenberg: Unaccompanied minors in Austria . P. 26
- ↑ Unaccompanied minor strangers . Federal Ministry of the Interior, accessed December 11, 2017
- ↑ Saskia Koppenberg: Unaccompanied Minors in Austria , p. 62
- ↑ Saskia Koppenberg: Unaccompanied Minors in Austria , p. 68
- ↑ Saskia Koppenberg: Unaccompanied Minors in Austria , p. 70
- ^ Saskia Koppenberg: Unaccompanied Minors in Austria , p. 73
- ↑ Saskia Koppenberg: Unaccompanied Minors in Austria , p. 76 f.
- ↑ Saskia Koppenberg: Unaccompanied Minors in Austria, p. 81
- ^ Federal Ministry of the Interior : Asylum Statistics
- ↑ Age determination. Asylkoordination Österreich, accessed on December 29, 2017 .
- ↑ Austrian Parliament : Inquiry answer by Interior Minister Wolfgang Sobotka, 11324 / AB 1 von 4 from April 6th, 2017 to 11814 / J (XXV.GP) (accessed on January 26th, 2019)
