Overview of National Protection Statuses in Austria

Number of Pages: 
73
ISBN: 
978-3-9504765-3-8
E-ISBN: 
978-3-9504765-5-2
Year: 
2019
Available in German
Electronic copy only
Description: 

The subject of this study deals with those national protection statuses that have not been harmonized through EU legislation but are based on provisions of national law. At first, discretionary grounds and humanitarian considerations, on the basis of which a national protection status can be granted, are examined with regard to actual practices and the legal situation in Austria. Moreover, possible statuses in the context of admission programmes are specifically dealt with. The study also provides an overview of the provisions, practices and rights relating to the “Residence Title for Particularly Exceptional Circumstances,” a non-EU-harmonized protection status that exists in Austria. Finally, the study takes a look at the public debates and key challenges in this area.

Table of contents: 
  • SUMMARY
  • 1. INTRODUCTION
    • 1.1 Study aims
    • 1.2 Background
    • 1.3 Scope of the study
    • 1.4 Definitions
    • 1.5 Methodology
  • 2. OVERVIEW OF DISCRETIONARY GROUNDS AND CONSIDERATIONS IN GRANTING NATIONAL PROTECTION STATUSES
    • 2.1 Possible forms of non-EU-harmonized protection statuses
    • 2.2 Statuses in the context of admission programmes
  • 3. “RESIDENCE TITLE FOR PARTICULARLY EXCEPTIONAL CIRCUMSTANCES”
    • 3.1 Statistics
    • 3.2 Origin of the status
    • 3.3 Changes since 2010
    • 3.4 Legal features of the residence title
    • 3.5 Details of the residence title and related rights
    • 3.6 Comparison with asylum and subsidiary protection status
    • 3.7 Relevant court rulings
  • 4. NATIONAL PROTECTION STATUSES IN PUBLIC DEBATES
  • 5. CHALLENGES AND PLANNED MEASURES
  • 6. CONCLUSIONS
  • ANNEXES
    • A.1 List of translations and abbreviations
    • A.2 Bibliography

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