Austria's Asylum Policy: Seeking Refuge In The Alps

Austria grants asylum to those who are entitled to protection under international and human rights law. The Austrian asylum system is based on the principle that each case is considered individually. This means that each application for international protection is examined on a case-by-case basis to determine whether there are grounds to grant protection from persecution under the Geneva Convention, grounds for subsidiary protection, or humanitarian reasons to allow the applicant to remain.

Asylum seekers must be physically in Austria to apply for asylum

Austria grants asylum to those who are in danger of suffering serious harm or persecution in their country of origin or country of previous residence. Asylum seekers must be physically present in Austria to apply for asylum and cannot apply from abroad.

Applying for Asylum in Austria

To apply for asylum, individuals must explain to a police officer that they need Austria's protection. They can do this at any police station or with any police officer. The police will take down the applicant's personal data, take their fingerprints, and conduct a brief interview.

Asylum Procedure

Once an asylum application is filed, the applicant is usually granted de facto protection against deportation and can remain in Austria until a decision is made on their application. The Federal Office for Immigration and Asylum (BFA) will then make a prognosis decision, after which the asylum seeker will either be taken to an initial reception centre or allowed to travel to a specific reception facility.

Interviews

As part of the admission procedure, the BFA will interview the asylum seeker about their personal circumstances, their journey to Austria, and the reasons they fled their country of origin. This interview will be conducted in a language the asylum seeker understands, with interpretation services provided if needed.

Asylum Decisions

The Austrian asylum authorities will examine the application and make a decision in accordance with European Union and Austrian legislation. The outcome could be the granting of refugee status, subsidiary protection status, humanitarian right to remain, or rejection of the application.

Rights and Obligations of Asylum Seekers

Asylum seekers have the right to receive information about their application, access basic assistance including shelter and food, and receive the same access to primary healthcare as Austrian citizens. They also have the right to live in Austria until a decision is made on their case and cannot be returned to another country against their will during this time.

Asylum seekers have several obligations, including respecting and following Austrian laws, cooperating with the authorities, and informing the asylum office of any changes in their address.

Asylum seekers are entitled to basic care, including accommodation, food, and healthcare

Asylum seekers in Austria are entitled to basic care, which includes accommodation, food, and healthcare.

Accommodation

Asylum seekers are provided with accommodation in suitable facilities, including organized facilities with food, organized facilities with self-catering, or private rooms such as rented apartments. The federal authorities are responsible for providing basic care during the initial part of the asylum proceedings, after which the responsibility shifts to the provincial authorities. The federal government works with NGOs and landlords to secure suitable accommodation.

Food

Asylum seekers receive food as part of the basic care program. This may be provided in organized facilities with catered meals, or they may be given the means to self-cater.

Healthcare

Asylum seekers are entitled to health insurance and have access to healthcare services. They undergo an initial medical examination within 24 hours of their admission to a reception center, including a physical examination and a Tuberculosis (TBC) X-ray. If further investigations are required, they are referred to specialist doctors or hospitals. The Ministry of the Interior has commissioned BBU GmbH to carry out these medical examinations, and the company has contracts with general practitioners and nurses to provide healthcare in federal reception centers.

In some cases, such as for victims of torture or those with mental health issues, additional care can be requested through a social worker. This requires up-to-date specialist medical findings and assessments demonstrating the need for increased care.

It is important to note that if an asylum seeker loses their basic care entitlement due to violent behavior or prolonged absence from the center, they may face challenges in accessing medical assistance.

Overall, Austria provides a comprehensive range of basic care services for asylum seekers, including accommodation, food, and healthcare, with the involvement of various government agencies, NGOs, and healthcare providers.

Asylum seekers must undergo interviews and investigations to determine eligibility

Asylum seekers in Austria must undergo interviews and investigations to determine their eligibility for asylum. The process begins when an asylum seeker explains to a police officer that they need Austria's protection. The police will then take down the individual's personal information, take their fingerprints, and conduct a brief interview. This initial interview covers the asylum seeker's identity, their route to Austria, and the reasons for fleeing their country of origin.

Following this, the case is forwarded to the Federal Office for Refugees/the Bundesamt für Fremdenwesen und Asyl (BFA), which decides on the next steps. The BFA will determine whether the asylum seeker will be admitted to the regular asylum procedure in Austria or if another European country is responsible for examining their application, as outlined in the Dublin III Regulation. Regardless of which country is deemed responsible, the asylum seeker will undergo an interview at the BFA.

If Austria is responsible for processing the asylum application, the BFA will conduct interviews and investigations to examine the applicant's reasons for fleeing their country of origin. These interviews delve into the specific details and circumstances that led the individual to seek asylum. The BFA will then decide whether to grant the asylum seeker protective status or a residence permit in Austria.

Throughout this process, asylum seekers have certain rights and obligations. They are entitled to legal consultation and basic care, which includes health insurance, food, pocket money, and accommodations. Asylum seekers must cooperate with the authorities, attend all scheduled meetings, and provide truthful information about their situation. They are expected to inform the BFA or the Federal Administrative Court promptly about any changes in their residence and maintain their availability.

Austria's integration plan focuses on labour market inclusion and language acquisition

Austria's integration plan for asylum seekers focuses on labour market inclusion and language acquisition. The country has long prioritised the integration of migrants, especially young refugees, into Austrian society and the labour market. This is achieved through various organisations offering different courses and programmes, with the Austrian Integration Fund (ÖIF) and the Public Employment Service (AMS) being the main providers.

The ÖIF, a government institution, implements measures to integrate young people with a migration or refugee background into the Austrian labour market. It provides support, funding, and programmes for individuals and organisations. Within the framework of the ÖIF initiative COMPASS, it focuses on the labour market integration of women aged 18 and over.

AMS, on the other hand, provides a range of support and incentives to help individuals, including young people, integrate into the labour market. It offers counselling and support services for job seekers, as well as job placement, training, and financial assistance. Additionally, it supports companies that hire specific employees through wage subsidies, apprenticeship subsidies, and subsidies for the employment of people with disabilities.

AMS also has an Entrepreneurship Programme that supports young job seekers who want to start their own business. This programme is funded by AMS in the respective federal states and aims to increase the participation of young people in the labour market and reduce youth unemployment.

The integration of asylum seekers into the labour market is a significant challenge, as they face severe restrictions on labour-market access during the refugee application procedure. It takes refugees almost three years longer than other migrants to enter the Austrian labour market, and their first jobs tend to be less stable and of lower status. However, integration programmes have proven effective, especially for female refugees, refugees with lower educational attainment, and both younger and older refugees.

To facilitate language acquisition, Austria has an integration agreement that aims to help third-country nationals settled in Austria acquire advanced German language skills and knowledge of the democratic system. The agreement consists of two sequential modules, with Module 1 being mandatory for certain resident permits and Module 2 being a prerequisite for a long-term residence permit and citizenship. Module 1 focuses on providing German language skills for in-depth basic language use, while Module 2 aims to provide independent language usage skills and advanced knowledge of the fundamental values of the legal and social systems.

Asylum seekers may be granted refugee status, subsidiary protection status, or humanitarian right to remain

Austria is a signatory to the Geneva Convention on Refugees, which makes it compulsory for the country to recognize people as refugees if they have a justified fear of persecution for ethnic, religious, or political reasons, or due to their nationality or membership of a particular social group.

The Austrian asylum system is based on the principle that each case is considered individually. This means that each application for international protection is examined on a case-by-case basis to determine whether there are grounds to grant protection from persecution under the Geneva Convention, grounds for subsidiary protection, or grounds to grant leave to remain for humanitarian reasons.

If an asylum seeker's application is accepted, they are considered a recognized refugee and are granted temporary leave to remain in Austria for three years. After this period, the right of residence is unlimited by law unless requirements for the withdrawal of leave to remain are met. Refugees have full access to the labor market and are entitled to apply for a Convention Passport.

If an asylum seeker does not qualify as a refugee within the meaning of the Geneva Convention, they may still be granted subsidiary protection if their life or integrity would be threatened upon their return to their country of origin. They are granted temporary (renewable) protection in Austria and have full access to the labor market.

In addition to refugee status and subsidiary protection status, asylum seekers may also be granted a humanitarian right to remain in Austria. This is usually granted when deportation is not possible for legal or practical reasons, or when there are other pertinent humanitarian reasons for the person to remain in the country.

Frequently asked questions