Austria’s plans to grant asylum in Rwanda or any third country under an agreement with the UK are not possible under EU law, EUobserver reports.
“Currently EU asylum law applies only to applications made on the territory of a member state but not outside.”
Monday’s announcement followed an agreement signed last week between British Home Secretary Suella Braverman and her Austrian counterpart Gerhard Karner to enhance co-operation on migration and security.
The agreement with the UK comes amid a 40 per cent drop in asylum claims in Austria. Under the document, people deported to an African country will be allowed to return to Austria if their asylum claims are approved, while others will be deported to their African home countries.
Karner stated that the UK had “a lot of experience when it comes to processing asylum applications outside of Europe in the future.” He also claimed that his country would “continue to make [a] consistent effort for the EU commission to advance and enable such procedures outside of Europe.”
The British scheme in Rwanda has also faced legal challenges since its initial announcement more than a year ago by the British Conservative government. Such plans risk violating rights that protect against degrading treatment under the European Convention on Human Rights (ECHR).
In June, a British court ruled that sending asylum seekers to Rwanda to have their claims processed was unlawful, noting that there was a real risk that people would be returned to their home countries.
The UK Supreme Court is now due to hand down a judgement next month. If it is found to be lawful, deportation from the UK could begin in February next year.
Austria’s attempt to broker a UK deal with Rwanda also comes as EU member states continue to grapple with an incomplete asylum system.
Germany was among EU countries where politicians, including the ruling Social Democrats (SPD), no longer opposed direct asylum ideas to Africa. SPD chair Lars Klingbeil stated that such initiatives should not be taken off the agenda, noting that the government is working on agreements with several African states.
