Country and Date Information #
Country: Austria
Type: Constitutive
Date: May 2023 (maybe even 2021) to 2024
Case #
Reports first appeared on Facebook in Carinthia in May 2023 of British Nationals being sent for chest X-rays related to TB. Most of these had lived peacefully in Austria for many years, both before and after Brexit. They were WA beneficiaries.
There have been lots of complaints of Third Country Nationals being sent for this TB screening whilst EU nationals are not. The TB screening rules are determined by each province and not set at a Federal Level.
When BiA posted in 2024 one lady in Upper Austria advised she was called for TB screening immediately after she got her Article 50 card (2021).
One lady in the Salzburg region in 2024 was advised that if she didn’t turn up for TB screening they would call the police. When she asked what the legal basis was for the TB screening, nobody could provide an answer. She was advised that if she married her EU partner, she would not have to attend.
There have been cases of WA beneficiaries been sent for chest X-rays in Upper Austria, Salzburg, Carinthia and Lower Austria.
BiA Analysis #
The mandatory TB screening seemed to have kicked in sometime after 1st January 2021, when British Nationals become Third Country Nationals
In May/June 2024 a query was sent to the Volksanwaltschaft. Although he was sympathetic to the issue, as KD was not directly affected, he could not act. Lower Austria excludes British Nationals from the TB Testing. Salzburg according to the Your Europe Advice should also be doing the same.
The Volksanwaltschaft also advised that in Upper Austria foreign nationals are obliged to carry out a TB screening only once and will have to be repeated only in case of need. In several other Länder foreign nationals have to repeat the tests over a period of 3, 5 or even 7 years.
A query was also sent to YEA in the same time period
It breaches Articles 12 and 23 of the WA and it also possibly, breaches the EU charter of fundamental rights:
- Article 21 – non-discrimination
- Article 20 – Equality before the law
- Article 41 – Right to good administration
It is also a publicity issue (Article 37) for Withdrawal Agreement beneficiaries.
Useful Links #
- https://www.britishinaustria.net/the-guide/healthcare/tb-screening-in-austria/
- https://www.facebook.com/groups/english.carinthia/posts/6321140311240978
- https://www.facebook.com/groups/BritishinAustria/posts/1823522858125626
ICE Mentor Question #
ICE Mentor Advice #
Bla, Bla, Bla
