The Austrian asylum system
Back to: The Austrian Asylum System and its Functions
Apply for asylum
© Institut für Lern-InnovationAfter entering Austria, asylum seekers must register personally with a police station or with any police officer and file an asylum application for international protection. If a person files an asylum application, he or she normally has de facto protection against deportation, i.e. he or she may remain in Austria until a decision has been made on this application.
In an office of the respective Provincial Police Headquarters, the initial interview is carried out by a trained employee or a police officer with the assistance of interpreters.
A medical examination is also carried out. (X-ray or other examination to clarify tuberculosis)
On the basis of the initial interview, the Federal Office of Foreign Affairs and Asylum (BFA) makes a forecast as to whether the asylum seeker will be admitted to the asylum procedure or whether another EU state could be responsible (Dublin III Regulation).
At the beginning of the asylum procedure there is the admission procedure. Once the admission procedure has been completed, the substantive asylum procedure begins.
Sources (June 2019)
Positive forecast decision
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If the forecast decision is positive, asylum seekers are transferred to a distribution centre in the federal state in which he or she applied for asylum and remain there until the end of the procedure. He or she is placed in the basic care of the federal government. The basic services include accommodation, meals, care and the provision of medical care.
During this period, there is no access to the labour market (only harvest or seasonal work), the possibility of community service in the community and compulsory schooling for children.
The entitlement to basic care does not end until the procedure in Austria has been legally concluded, whereby those entitled to asylum are granted basic care during the first four months after the positive conclusion of their asylum procedure.
Sources (June 2019)
Asylum procedure
The Federal Office of Foreign Affairs and Asylum (BFA) is the first instance of the asylum procedure and decides whether asylum seekers are granted asylum under the Geneva Refugee Convention (GFK), subsidiary protection (on the basis of the European Convention on Human Rights) or may remain in Austria for humanitarian reasons.
At the beginning there is the admission procedure. Once the admission procedure has been completed, the substantive asylum procedure begins.
If Austria is not responsible for examining the application, the application is rejected immediately during the admission procedure.
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The asylum seekers wait in a basic accommodation until they are summoned to an „interview“ on the content of the asylum procedure at the BFA.
Interview
The interview is the most important part in the asylum procedure.
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Asylum seekers can take advantage of free legal advice before the interview. They can also contact a lawyer, but this involves costs. Only in individual cases can legal advisers accompany asylum seekers to the interview. Unaccompanied minor refugees are accompanied at all interviews by a legal adviser.
As a rule, a representative of a regional directorate or branch office of the BFA continues the proceedings and clarifies the reasons for the application for international protection.
Asylum seekers explain why they had to leave their homeland and seek protection in Austria. It is also important to tell about personal circumstances and fears in the event of a return to the country of origin. The interview can last several hours, breaks are legally permitted.
An interpreter translates the interview. At the end of the interview, a transcript of the interview is issued and translated into the language of the asylum seeker. With their signature, asylum seekers confirm the correctness of the protocol and can have a copy handed over to them.
The BFA staff check within the framework of the individual case examination whether there exist
- reasons for persecution under the Geneva Refugee Convention
- reasons for subsidiary protection, or
- reasons for a humanitarian residence permit.
Recognised refugees under the Refugee Convention are referred to as „persons entitled to asylum“; if they only receive subsidiary protection,they are entitled to „person with subsidiary protection“.
The following applies
A refugee is a person who has a well-founded fear of persecution on the grounds of race, religion, nationality, membership of a particular social group or political opinion. Anyone who has no such reason for flight but whose life or health is threatened at home receives subsidiary protection.
Sources (June 2019)
Decision (notification)
The decision on the asylum application is made by means of a notification which is sent to the asylum seeker. Each notification of the Federal Office of Foreign Affairs and Asylum contains
- the result of the procedure
- the reasons for the decision, and
- the instruction on legal remedies
The decision and the instructions on appeal are also translated into a language that asylum seekers understand.
Sources (June 2019)
Legal remedies
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An appeal against the decision of the Federal Office of Foreign Affairs and Asylum (BFA) may be lodged in writing with the Federal Administrative Court (Bundesverwaltungsgericht), subject to a specific deadline. The complaint must be lodged with the Federal Office of Foreign Affairs and Asylum, which forwards it to the Federal Administrative Court.
Complaints against decisions of the BFA to the BVwG generally have a suspensive effect, i.e. the authority may not enforce the decision. However, there are cases in which the authority can deny the suspensive effect, for example if the asylum seeker comes from a safe country of origin.