Differential treatment of specific nationalities in detention

Austria

Country Report: Differential treatment of specific nationalities in detention Last updated: 08/04/21

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Asylkoordination Österreich Visit Website

As already mentioned, the legal regime of persons detained depended significantly on their nationalities. Recently, a practice was noted whereby asylum seekers coming from a safe country of origin are usually detained under the Reception Conditions Directive. These applicants usually remain in detention during the whole asylum procedure since the automatic review of their detention, when conducted, never questions the lawfulness of their detention.

Applicants coming from other countries of origin are usually de facto placed in detention and may be released when space is available in reception centres or when a lawyer can file an habeas corpus when alternative accommodation becomes available.

It was noticed that detainees are usually kept together based on their nationalities. They are also regularly moved from one detention centre to another, without being given any information for such change, which creates anxiety among applicants. The Detention Service indicated that detainees are “housed according to their different protection and socio-political needs” and that moving is done “to prevent potential conflict between different cultures”.[1]

[1]           Information provided by Detention Service, January 2021.

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation