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Government moves to fast-track deportation of foreign offenders after prison term

Sep 23, 2026
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Government moves to fast-track deportation of foreign offenders after prison term
Following yesterday’s cabinet meeting (22 September 2026), the Austrian government presented a draft Strafvollzugsnovelle that will allow authorities to remove non-citizen prisoners directly to their home countries once they have served the minimum portion of their sentence. Under current rules, deportation generally occurs only after release and separate administrative detention, creating legal appeals and additional costs. Justice Minister Anna Sporrer told reporters that the reform “removes the veto option” for inmates who already hold a final return decision, aligning Austria with practices in Germany and the Netherlands. Interior Minister Gerhard Karner framed the law as part of a broader strategy that has brought new asylum applications down to a 30-year low; 3,400 people left Austria involuntarily in the first eight months of 2026 versus 2,500 new asylum claims. For global-mobility teams the immediate impact is reputational rather than operational: corporate assignees rarely fall under the measure, but public perception of tougher enforcement can influence political discussions on work-visa quotas. Migration NGOs criticised the change for conflating criminal law with asylum policy and warned of potential refusals by countries of origin, which could leave individuals in legal limbo. Companies employing third-country nationals under probationary residence titles should nevertheless monitor compliance, as any criminal conviction could now trigger expedited removal. Legal advisors recommend reviewing internal codes of conduct and ensuring that staff know minor offences—such as repeated traffic violations culminating in custodial sentences—could have immigration consequences. The bill is scheduled for parliamentary debate in mid-October and could take effect on 1 November 2026. HR departments should stay alert for updated FAQs from the Interior Ministry on how the regulation interfaces with Red-White-Red Cards and intra-company transferee permits.
Source: Bundeskanzleramt Österreich

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