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CROSS-SPECTRUM

NGOs challenge Austria's new family reunification quota rule before EU Commission

NGOs including Asylkoordination, Diakonie, International Refugee Assistance Project Europe and Anuscheh Farahat have lodged a new complaint with the EU Commission challenging Austria's quota-based family reunification rule.

A coalition of NGOs - Asylkoordination, Diakonie, International Refugee Assistance Project Europe and Anuscheh Farahat of the Vienna Centre for Migration and Law - have filed a fresh complaint with the EU Commission against Austria’s recently introduced quota system for family reunification. They contend the scheme conflicts with Article 12 of the EU directive, which prohibits waiting periods for asylum-granted individuals, while allowing them for subsidiary protection beneficiaries.

Under the Austrian rule, once the yearly quota is exhausted, pending applications are deferred to the next year and become “quota-free” after a maximum of three years. Austria defends the policy by pointing to existing quotas for other third-country nationals, but experts note the approach may not be fully compliant with EU law. The Commission’s commissioner, likely Magnus Brunner, can open dialogue or initiate infringement proceedings, though no decision has been made yet.

The Interior Ministry declined comment, and the precise quota figures are still being negotiated with the coalition and the federal states. Meanwhile, the Federal Office for Asylum and Foreigners continues to screen and prioritize applications without granting final decisions.

Why it matters

The case could reshape how thousands of asylum seekers in Austria bring family members to the country.

In this story

family reunificationquotaEU lawAustriaNGOsasylumEU Commissionlegal challenge
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