Austria is bound by the Dublin III Regulation (AMMR) which is directly applicable.

2005: Article 5, Asylum Act | Asyl Gesetz

Entity responsible for the Dublin procedure (the application of the criteria and mechanisms for determining the Member State responsible): Federal Office for Immigration and Asylum | Bundesamt für Fremdenwesen und Asyl (BFA)

Place in the institutional framework:

• Decentralised.

• The Dublin unit belongs to Division B II, Dublin and International Affairs of the Federal Office for Immigration and Asylum, which is part of the Ministry of the Interior.

• The Head Office in Vienna is responsible for: supervising the work of the initial reception centres, policy decisions, case monitoring, communication with other Member States and a share of incoming Dublin requests.

• The Dublin unit is within the determining authority.

• Three initial reception centres (EAST) are responsible for the outgoing Dublin procedure and a share of incoming requests: one located in Traiskirchen near Vienna, one in Thalham in Upper Austria, and one at the Airport Vienna International Airport–Schwechat.

Competencies of the entity:

Stakeholders involved in the procedure:

At the beginning of the procedure in the initial reception centres every asylum seeker receives written information about: the first steps of the procedure, basic care, medical care, the Eurodac, and Dublin III Regulation. In particular, the Federal Office for Immigration and Asylum provides the following forms in 11 languages: Information for asylum seekers according to the Eurodac Regulation and a brief description of the Dublin III Regulation. This information is complemented with: a “first information sheet” about the first steps and possible outcomes of the admissibility procedure, including mandatory or voluntary advice on return; and an information sheet on the duties and rights of asylum seekers. Information is also provided orally if applicants request it. Foreigners in detention facilities are provided information about the Dublin procedure in the same manner.

The Federal Agency for Reception and Support Services (BBU) offers counselling, including to asylum applicants in proceedings under the Dublin III Regulation who will be informed about a possible voluntary transfer to the responsible EU Member State.

There is no separate Dublin interview as questions related to Dublin are asked during the registration/lodging stage. Once an application for asylum is made, a preliminary interview by the police (Erstbefragung) takes place. This assesses the circumstances of entering Austria, the first country of entry in the EU, the personal data and, briefly, the reasons why an applicant left his or her home country. Appointed legal advisers are present at the interview. A transcript of the preliminary interview is signed and approved by the applicant and made available to their legal representatives. The Dublin procedure may be then triggered for example if there is a Eurodac hit; if the asylum applicant has a passport with a visa for another Member State of the Dublin III Regulation; if he/she admits to entering the EU via another Member State; or if there is any other suspicion or circumstantial evidence indicating that he or she entered via another Member State (for instance if a person is caught by the police close to a border or on a train coming from another Member State).

Within 20 days after the application, the BFA must either admit the asylum applicant to the regular procedure or inform the applicant about the intention to issue an inadmissibility decision when Austria is not responsible for conducting the asylum procedure. This decision includes: 1) a declaration which Member State is responsible for the examination of the asylum application on its merits; and 2) A residence terminating measure (transfer decision) is imposed on the third country national to leave Austria. Transfer decisions are communicated to the applicants in writing.

If it is an enforced transfer to another Member State, the police take the applicant and transfers him or her to a detention centre. The applicant must stay here until the deportation takes place, usually after one or two days. Under the Dublin procedure, asylum seekers can be held for up to 48 hours without detention being specifically ordered. Alternatively, asylum seekers may be ordered to stay at a certain place (such as a flat or a reception centre). Depending on the responsible state and the number of persons, the transfer takes place by plane, bus or police car under escort. There is no specific mechanism in place for the identification of persons with special needs within the Dublin procedure.

There is no specific procedure for assessing the best interest of the child in the Dublin context. The case assessment is always based on individual circumstances and always takes family ties into consideration.

A legal representative is appointed as soon as an unaccompanied child applies for asylum. He/she also acts as the legal representative during the Dublin procedure and participates at all stages, including the preliminary interview (Erstbefragung).