Ruqayyah Snyder
Austria's asylum system is based on the principle that each case is considered individually. Asylum seekers must be physically present in Austria to apply for asylum and will be granted de facto protection against deportation while their application is processed. The Austrian asylum authorities will examine the application and make a decision in accordance with European Union and Austrian legislation. If an application is rejected, asylum seekers can file an appeal with the help of a free legal adviser provided by the state. If an asylum claim is accepted, the person will be considered a refugee and granted temporary leave to remain in Austria for three years. This leave to remain may be withdrawn if the political situation in the person's country of origin changes, or if the person commits a serious crime.
| Characteristics | Values |
|---|---|
| Who can apply for asylum? | Anyone who is afraid to return to their country of origin or country of previous residence due to possible serious harm |
| Where to apply for asylum? | In Austria, at a police authority or with a police officer. |
| Application process | The applicant's identity is established, an initial interview is conducted, and it is determined whether Austria is responsible for processing the application. If the application is admitted, the applicant is entitled to basic care and will be transferred to a reception facility. |
| Application outcome | The applicant will either be granted refugee status, subsidiary protection status, humanitarian right to remain, or their application may be rejected. |
| Rights of successful applicants | Successful applicants are legally recognised as refugees, have full access to the labour market, and can apply for a Convention Passport. They are granted temporary leave to remain in Austria for three years, after which the right of residence becomes unlimited unless specific requirements are met. |
| Rights of unsuccessful applicants | Unsuccessful applicants can file an appeal with the Federal Administrative Court and will be provided with legal counselling. |
| Additional considerations | The Austrian asylum system considers each case individually. Special rules may apply for applicants with close family members in Austria or who are unaccompanied minors. |
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What You'll Learn
Asylum seekers must be in Austria to apply
Asylum seekers must be physically present in Austria to apply for asylum. An application for international protection must be filed in Austria and, as a rule, in person. Asylum seekers can contact a police authority or police officer to apply for asylum. The police department will then forward the applicant's data to the Federal Office for Immigration and Asylum (BFA).
Once the application has been filed, the applicant is usually granted de facto protection against deportation and can remain on Austrian territory until a decision has been made on their application. The admission procedure includes establishing the applicant's identity, an initial interview, and determining whether Austria is responsible for conducting the asylum procedure. If Austria is not responsible, the application will be rejected during the admission procedure. If the asylum seeker is admitted to the Austrian asylum procedure, they will receive a residence entitlement card and will be transferred to a reception facility in one of the Austrian provinces.
During the substantive asylum procedure, the asylum seeker will have another interview at the BFA Office in their province, where they will be asked detailed questions about their reasons for fleeing their country. The BFA will decide whether to grant refugee status or subsidiary protection status. If the BFA does not grant either of these, the asylum applicant will be assigned a free legal adviser provided by the state. The asylum seeker will be informed of the possibility to address a complaint to the Constitutional Court in writing, and this information will be translated into a language they understand.
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Applicants are interviewed by BFA officers
Once an asylum application has been filed in Austria, the police department will forward the applicant's data to the Federal Office for Immigration and Asylum (BFA). The BFA will then decide whether the applicant will be admitted to the regular asylum procedure in Austria or if another European country is responsible for examining their asylum application. In any case, applicants will be interviewed by BFA officers before this decision is made.
The interview will take place at a BFA office in the applicant's province. BFA officers will ask detailed questions about the applicant's personal circumstances, their journey to Austria, and the reasons why they fled their country of origin. The interview will be conducted in a language the applicant understands, with interpretation provided by a sworn interpreter if necessary.
During the interview, BFA officers will aim to understand the applicant's situation and assess their eligibility for asylum in Austria. Applicants should be prepared to provide detailed responses and supporting evidence if possible. It is important to be truthful and consistent in the responses provided during the interview.
If the BFA decides that Austria is not responsible for examining the asylum application, the application will be rejected during the admission procedure. However, applicants have the right to appeal this decision and seek legal counselling if necessary. If the BFA decides to admit the applicant to the Austrian asylum procedure, they will receive a residence entitlement card and be transferred to a reception facility in one of the Austrian provinces.
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BFA decides if Austria is responsible for the application
The BFA (Federal Office for Immigration and Asylum) is the Austrian authority responsible for deciding on the admissibility of an asylum application. The admissibility procedure starts with the registration of the application and the first interrogation of the asylum seeker by a public security officer, who submits a report to the branch office of the BFA. Within 20 days of the application for international protection being lodged, the BFA must admit the asylum seeker to the in-merit procedure or notify them of their intention to issue an inadmissibility decision.
If the BFA decides that another state is responsible for examining the asylum claim, the application will be rejected during the admission procedure. This decision can be based on the Dublin III Regulation, which allows close family members of asylum seekers to join them in Austria if certain criteria are fulfilled. The BFA will also decide on the residence status of refugees once asylum has been granted.
If the BFA decides that Austria is responsible for the application, the asylum seeker will be ordered or transferred to an initial reception centre (EAST). There are three EAST locations responsible for the admissibility procedure: Traiskirchen near Vienna, Thalham in Upper Austria, and Vienna Schwechat Airport. The asylum seeker will then be interviewed by a BFA officer about their personal circumstances, their journey to Austria, and the reasons for fleeing their country of origin. This interview will be conducted in a language the asylum seeker understands, with interpretation services provided if needed.
If the BFA decides to reject the asylum application, the applicant can appeal the decision within the given period. Legal counselling and representation are provided to assist with the appeal, which will be decided upon by the Federal Administrative Court (BVwG). The time limit for appeals is generally two weeks from the receipt of the BFA's decision. However, it is important to note that appeals against inadmissibility decisions generally do not have a suspensive effect, meaning that the asylum seeker can be transferred to the responsible Member State or their country of origin during the appeal procedure.
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Applicants can appeal negative decisions
If your asylum application is rejected, you can file an appeal against the decision. The Federal Administrative Court will then decide on your appeal within the given period. All decisions in the asylum procedure are made by Austrian authorities and courts—the UNHCR is not involved in the decision-making process.
You will be provided with free legal counselling to assist you with your appeal. If you wish, you can also arrange to be represented by a lawyer at your own expense. The decision on your asylum application will be issued by means of a ruling, which will be served in a language you understand, as well as in German. This ruling will contain instructions on how to appeal.
Appeals against decisions by the BFA (Federal Office for Immigration and Asylum) are handled by the Federal Administrative Court, whose independent judges will decide on the appeal. As a rule, the decision cannot be enforced until the Federal Administrative Court has ruled on the appeal. However, there are exceptions in which the appeal does not have a suspensive effect. For example, the BFA may withdraw the suspensive effect of an appeal if the applicant has attempted to deceive the BFA concerning their true identity or nationality, or if there is a risk of the applicant absconding.
The time limit for appeals varies from one week (for decisions subject to the airport procedure) to four weeks (standard procedure) from the date the decision is served. In some cases, the time limit is two weeks or six weeks. The time limit is stated in the information provided to the applicant, which sets out their right of appeal. The appeal must be lodged in writing and must specify the decision being appealed, the grounds for the appeal, and the action the appellant wishes to see taken.
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Accepted applicants get temporary leave to remain
If your asylum application is accepted, you will be granted temporary leave to remain in Austria for three years. This is known as "Asylum for a limited period of time". After this three-year period, your right of residence becomes unlimited by law unless requirements for starting the process leading to the withdrawal of leave to remain are met.
There are, however, certain conditions under which your leave to remain can be withdrawn before the three-year period is up. If there is a significant, long-term change in the circumstances in your country of origin, especially in the political situation, proceedings to withdraw your leave to remain will be initiated. For example, if the analysis of your national identification documents shows that the political situation in your country of origin has changed substantially and the specific conditions upon which your fear of persecution was based no longer apply, proceedings to withdraw asylum will be initiated.
Other reasons for the withdrawal of leave to remain include being convicted of a serious crime, violating an entry ban and returning to Austrian territory, or if there is a risk of absconding. If any of these conditions are met, proceedings to withdraw your leave to remain must be initiated, and your status will be withdrawn by means of an official decision if all requirements are fulfilled.
It is important to note that if your leave to remain is withdrawn, you will still be entitled to remain in Austria if you have a right of residence for other reasons, such as humanitarian grounds or if you cannot be deported for legal or practical reasons.
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Frequently asked questions
You must be physically present in Austria to apply for asylum. You can apply for asylum by contacting a police authority or police officer, who will interview you. The police will forward your data to the Federal Office for Immigration and Asylum (BFA), who will decide whether to admit you to the Austrian asylum procedure. If you are admitted, you will receive a residence entitlement card and be transferred to a reception facility, where you will be interviewed in detail about your reasons for fleeing your country of origin.
The Austrian asylum authorities will examine your application and make a decision in accordance with European Union and Austrian legislation. You may be granted refugee status, subsidiary protection status, or a humanitarian right to remain. Since the introduction of the "Asylum for a limited period of time" amendment in 2016, people whose asylum applications are accepted have been granted temporary leave to remain in Austria for a period of three years. After this period, the right of residence is unlimited by law unless requirements for starting the process of withdrawing leave to remain are met. If your application is rejected, you can file an appeal, and legal counselling will be provided to assist you.
People entitled to asylum in Austria are legally recognized as refugees and have full access to the labor market. They are also entitled to apply for a Convention Passport. Asylum seekers are provided with basic care for the first four months after their application is approved.
