Austria: Residency Act in practice
01 September 1993
As the Residency Act (1 July 1993) took effect, a large number of "hardship" cases were documented. Any non-nationals who unwittingly applied for welfare benefits were in many cases arrested and threatened with deportation. In cases in which immigrants' visas had run out, the individual applicants were forced to leave the country and apply in their country of origin, even if Austrian government officials were responsible for the delay. The city of Vienna and the Province of Tyrol even threatened to deport minors who were technically illegal aliens because their parents had neglected to include them in their passports after the children were born. The case of the impending deportation of a seven year old Turkish girl brought this policy into the media limelight. The government was again and again forced to grant stays of deportation, the exception became the rule.
What seemed at first to be evolving into a major policy sandal has, however, already blown over. Between the middle of August and the beginning of September several leading members of the Social Democrat (SPO)/Christian Democrat (OVP) government coalition called for the reform of the new Residency Act on humanitarian and constitutional grounds. But using the supposed threat of an impending wave of mass migration from Eastern Europe the Chancellor (SPO), Vice- Social Affairs (SPO) were able to bring into line the critical members of the cabinet and party hierarchies who had demanded changes in the new law. The trade unions too played a role in this process. The Minister of Social Affairs (SPO) is also the federal president of the Unified Construction and Lumber Workers Trade Union (Gewerkschaft Bau/Holz).
Opposition remains limited. A meeting of provincial governors (Landeshauptman) came out in favour of the new law. The Greens, the charity organisation of the Catholic church (CARITAS) as well as national anti-racist and anti-fascist coalition "SOS- Mitmensch" are the only organised groups actively opposing the new law. The Mayor of the city of Salzburg, Josef Dechant (OVP), surprisingly spoke out in support of his Vice-Mayor, Johann Padutsch (Greens), who is the only official now openly boycotting the legislation. The law case against Padutsch is still pending (see Statewatch vol 3 no 4).
In conclusion it now seems that the Minister of the Interior Franz Lschnak (SPO) is now waiting for media overage to "calm down" so that the law can again become effective. The aim of reducing Austria's non-national population remains the official government doctrine.
Research Group Ludwig-Boltzman-Institute/Karl-Steinocher- Foundation for Labor History.