EU warns Austria that plan to cap number applying for asylum is unlawful

The EU has warned Austria its plan to cap the number of people who can apply for asylum is unlawful, but Austrian chancellor Werner Faymann has refused to back down.
EU warns Austria that plan to cap number applying for asylum is unlawful

As EU leaders sought to end their fragmented response to Europe’s biggest refugee emergency since the Second World War at a summit meeting, the legal fight with EU migration commissioner Dimitris Avramopoulos took centre stage.

“Legal opinions will be answered by lawyers. Politically I say: we’ll stick to it,” Mr Faymann said as he entered the summit meeting.

More than 1m people entered the EU in 2015 fleeing conflict or poverty. About 84,000 have entered so far this year. Overwhelmed by the numbers and frustrated by their inability to agree an effective European response, some EU countries have begun tightening border controls or putting up fences without warning their neighbours.

In the latest in a series of unilateral measures, Austria said it would allow no more than 80 people a day to apply for asylum at its southern border points, as of today.

Mr Avramopoulos said in a letter yesterday that “Austria has a legal obligation to accept any asylum application that is made on its territory or at its border”.

The letter to Austrian interior minister Johanna Mikl-Leitner said a ceiling on asylum seekers “would be plainly incompatible with Austria’s obligations” under EU and international law.

Ms Mikl-Leitner has said that a maximum 3,200 people a day would be allowed to enter Austria “who are seeking international protection in a neighbouring country”.

That is an allusion to Germany which, along with Sweden, has been the preferred destination for most migrants. However, Mr Avramopoulos also warned Austria should not be allowing people to travel through the country if their aim is to apply for asylum elsewhere.

Arriving at the summit, Dutch prime minister Mark Rutte said he understood the reaction of countries such as Austria, but warned the end result could be “the bunching-up of great amounts of people in difficult circumstances in northern Greece”.

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