How does the asylum procedure work in Austria?
The BFA is the Federal Office for Immigration and Asylum (www.bfa.gv.at) and has been responsible for asylum applications since January 1, 2014. It is subordinate to the Ministry of the Interior.
What are the tasks of the BFA?
The asylum procedure
Start:
After the initial interview, the BFA makes a decision on the prognosis. With this decision, the application for asylum is considered to have been submitted and the procedure begins. The person concerned is placed in a distribution centre, a regional directorate or an initial reception centre. They are now an asylum seeker.
Admission procedure:
The admission procedure begins with a determination of whether Austria is responsible. During the admission procedure, the federal government is responsible for providing basic care. During the admission procedure, the person concerned is also questioned about their reasons for fleeing, their journey to Austria and their personal circumstances. If the BFA has doubts about the minority of an asylum seeker, an age assessment is also carried out. In the case of unaccompanied minors, a legal advisor acts as their representative.
Austria is not responsible:
The asylum application is rejected by the BFA during the admission procedure. The Dublin procedure is initiated. This procedure determines which country is responsible for the asylum procedure.
If a responsible country has already been determined, it remains responsible until the person leaves the Dublin member states or their application is granted.
Austria is responsible:
The asylum procedure will continue at the BFA. The specific reasons for fleeing will be clarified.
Decision:
The BFA decides on the asylum application in accordance with the procedure. The decision is delivered in the form of a notice. This contains the outcome (=the ruling), the reasons and information on the right of appeal. The ruling and information on the right of appeal are translated into the relevant language.
Legal Remedy
Appeal to the Federal Administrative Court (BVwG):
The asylum seeker can lodge an appeal against the decision with the Federal Administrative Court (BVwG) (www.bvwg.gv.at). This must be done within the specified time limit.
Legal advisors advise the person concerned and can represent them before the BVwG if necessary.
However, it is also possible to be represented by a lawyer at your own expense. This is not mandatory, however.
In principle, such appeals to the BVwG have suspensive effect. The person concerned may not be deported while the appeal is being decided.
However, there are exceptions:
If the person comes from a safe country of origin, the BVwG may revoke the suspensive effect. In the case of rejected appeals, however, the suspensive effect must be granted separately.
In some cases, an oral hearing takes place before the court, where the exact reasons for fleeing are asked again. The BVwG then makes a decision
- Revocation of the decision: The court can revoke the BFA’s decision, e.g. due to procedural deficiencies. The application must then be re-examined by the BFA.
- Appeal upheld: The BVwG may come to a different conclusion than the BFA and uphold the appeal. The court’s decision replaces the BFA’s decision.
- Appeal dismissed: The Federal Administrative Court dismisses the appeal and thus confirms the BFA’s decision.
Appeal to the Constitutional Court or review by the Administrative Court
If the person concerned wishes to challenge the decision of the Administrative Court, they must either appeal to the Constitutional Court (VfGH) (www.vfgh.gv.at/index) or the Administrative Court (VwGH) (www.vwgh.gv.at).
If you believe that a constitutionally guaranteed right has been violated, you must lodge an appeal with the Constitutional Court. For all other violations of rights, an appeal must be lodged with the Administrative Court. Appeals and revisions do not generally have suspensive effect, but the courts may grant this.
You are now obliged to be represented by a lawyer. The asylum seeker can apply for legal aid.
