Austria to deport convict to Syria in first for EU since Assad's fall

Man lost his refugee status in 2019 because of his criminal record

Migrants wait for a train in the Austrian capital Vienna, in 2015. Getty Images

Austria is preparing to deport a Syrian man whose asylum status was revoked due to a criminal conviction, in what is thought to be Europe's first forced deportation to Syria since the fall of President Bashar Al Assad.

Rights groups are concerned that Austria's plan could set a precedent, encouraging other EU member states to follow suit amid rising anti-migration sentiment across the 27-nation bloc.

The 32-year-old man, who was granted asylum in Austria in 2014, lost his refugee status in February 2019 because of his criminal record, his legal adviser Ruxandra Staicu said. She declined to specify the nature of his conviction.

The Austrian Interior Ministry did not immediately respond to a request for comment.

Deportation to Syria was not possible during the country's civil war as it was considered unsafe. The Austrian government argues that Al Assad's fall means the situation has changed and it has begun proceedings to strip some refugees of their status, although rights groups say it is premature to do so.

Austrian and Syrian authorities agreed for the man to be deported last week, but the closure of airspace due to the Iran-Israel conflict delayed the process, Ms Staicu and a western diplomat said.

Asylum-seekers from Syria and Iraq wait to enter the Austrian registration center on February 20, 2016, after crossing the border from Slovenia. Getty Images

The diplomat, who requested anonymity, added that the deportation would now go ahead once the airspace reopened.

Since 2015, European countries have received about 1.68 million asylum applications from Syrian nationals. Some governments, most notably Germany, initially welcomed them warmly as civil war ravaged their homeland. But rising public concern over the scale of immigration has fuelled support for far-right, anti-migrant parties.

With the fall of Al Assad last December, many EU governments were quick to suspend the processing of Syrian asylum applications, and some have called for the security situation in Syria to be reassessed to enable deportations to resume.

In Austria, former Chancellor Karl Nehammer, from the ruling Austrian People's Party (OVP), is among those calling for such a reassessment, amid pressure from the far-right Freedom Party.

Some rights groups and lawyers say it is still too dangerous to begin returning people to Syria.

“There are attacks against people and we have no idea in which direction [Syria] will go,” said Ms Staicu, adding that her client's deportation would violate the European Convention on Human Rights that prohibits torture and inhumane treatment.

Migrants walk towards the Austria-Germany border in 2015. Getty Images

The UN refugee agency told Reuters: “Syrians … must not be forcibly returned from any country, including those in the European Union, to any part of Syria” due to the overall situation there.

Rights groups cite attacks against minorities since Al Assad's fall. Syria also remains in the grip of a severe humanitarian crisis, with 90 per cent of the population living below the poverty line, according to UN estimates.

Ms Staicu said her client had received a negative asylum decision in April. He has filed another asylum application and is awaiting a response.