The judgment states that EU legislation precludes national legislation granting refugees with a temporary residence permit lower benefits of social assistance than Austrian citizens.
The family lodged an appeal
Since July 2016, beneficiaries of secondary protection and temporary asylum seekers in Upper Austria have received a significantly lower BMS (minimum benefits for temporary asylum seekers) than long-term asylum-seekers who are considered as Austrian citizens. On the other hand, the Afghan family affected by this rule lodged a complaint and claimed that its lawyer claimed that the legal status of Upper Austria was contrary to European law.
LVwG contacted the ECJ
The Landesverwaltungsgericht (LVwG) lodged a complaint with the European Court of Justice (ECJ). This should clarify whether, in accordance with the EU Directive, persons eligible for asylum for a limited period of time are treated in the same way as beneficiaries of subsidiary protection or persons with permanent asylum status or Austrian nationals.
The constitutional service was supported by Upper Austria
While the LVwG considers that asylum seekers should be treated as Austrian citizens for a limited period of time, the Federal Constitutional Service has drafted the above Austrian rule. The EU Directive does not preclude national legislation which "distinguishes between the conditions of the benefits granted to permanent and temporary persons entitled to asylum and to subordinated beneficiaries", in so far as the different needs of each group of persons are taken into account ".
"Reduce attractiveness as a destination"
The black and blue government in Upper Austria reduced the minimum income for temporary asylum seekers and auxiliary beneficiaries as an important contribution to reducing the attractiveness of their country as a refugee destination and to protect the welfare system against excessive demands.