The information on this page is pending validation
Information provision - Austria
Overview
Relevant EU legislation
Austria is bound by EU legislation and has transposed relevant provisions through Asylum Act (Federal Act on the granting of asylum) | AsylG: Bundesgesetz über die Gewährung von Asyl, StF: BGBl. I Nr. 100/2005, (1 January 2005)
National legislation
Asylum Act (Federal Act on the granting of asylum) | AsylG: Bundesgesetz über die Gewährung von Asyl, StF: BGBl. I Nr. 100/2005, (1 January 2005)
Federal act laying down general stipulations concerning procedures before the Federal Office for Immigration and Asylum in relation to the granting of international protection, residence permits on grounds deserving of consideration and temporary leave to remain, the imposition of deportation orders and measures to terminate residence and the issuance of Austrian documents to aliens (Federal Office Procedure Act), Federal Law Gazette (FLG) I No 87/2012, as amended by FLG I No 17/2016, Basic Welfare Support Agreement, Federal Law Gazette of the Republic of Austria, FLG I No 80/2004.
Competent authority and other stakeholders
| Area/stage of the asylum procedure | Competent authority |
|---|---|
| Reception | Police | Polizei Federal Office for Immigration and Asylum | Bundesamt für Fremdenwesen und Asyl (BFA) |
| Registration of application | Police | Polizei Federal Office for Immigration and Asylum | Bundesamt für Fremdenwesen und Asyl (BFA) |
| Lodging of application | Police | Polizei Federal Office for Immigration and Asylum | Bundesamt für Fremdenwesen und Asyl (BFA) |
| Dublin procedure | Police | Polizei Federal Office for Immigration and Asylum | Bundesamt für Fremdenwesen und Asyl (BFA) |
| Assessment of application | Federal Office for Immigration and Asylum | Bundesamt für Fremdenwesen und Asyl (BFA) |
| Communication of first instance decision | Federal Office for Immigration and Asylum | Bundesamt für Fremdenwesen und Asyl (BFA) |
| Content of protection | Austrian Integration Fund | Österreichischer Integrationsfonds |
| Appeal procedure | Federal Office for Immigration and Asylum | Bundesamt für Fremdenwesen und Asyl (BFA) |
| Communication of second instance decision | Federal Administrative Court (Bundesverwaltungsgericht, BVwG) |
| Resettlement | n/a |
Provision of information in the asylum procedure
Access to procedure
Applicants for international protection receive essential information during the initial stages of the asylum procedure, specifically during the initial interview conducted by the police. Applicants receive leaflets that outline their rights and obligations, the rules of the asylum procedure, entitlement to reception conditions (such as accommodation, food and healthcare) and details about the Dublin procedure and Eurodac.
Applicants are asked whether they understand the information provided to them, and if they do not, the information is explained to them orally. Tailored information is also provided to vulnerable groups, such as unaccompanied minors, who have specific needs and require special support.
The written material is developed by the Federal Office for Immigration and Asylum (BFA). The material is designed to be accessible to all applicants, and if needed, oral explanations are provided to ensure that everyone fully understands the information. The BFA ensures that the information is available in a wide range of languages, covering both European and non-European languages (e.g. Albanian, Armenian, Amharic, Arabic, Aseri, Bengali, Bosnian, Bulgarian, Chinese, Croatian, Czech, Dari, German, English, Estonian, Farsi, French, Fulla, Georgian, Greek, Hindi, Hindi Mangal, Igbo, Italian, Kurdish Kirmanci, Kurdish Sorani, Kurdish Zazaki, Lithuanian, Mandingo, Macedonian, Moldovan, Mongolian, Nepali, Paschtu, Polish, Portuguese, Punjabi, Romanian, Russian, Serbian, Singhalesish, Slovak, Slovenian, Somali, Spanish, Thai, Tibetan, Tigrinia, Chechen, Turkish, Ukraine, Hungarian, Urdu and Vietnamese).
Information on the asylum process is also available through other resources, such as the BFA website and brochures.
For applicants who are detained, the same information is provided as soon as they express their wish to apply for international protection. The detained individuals receive the same written materials that are provided to applicants in reception, along with oral explanations if necessary.
Dublin procedure
When applicants apply for international protection and are registered according to the Eurodac Regulation, they are handed a leaflet that provides information about the Dublin procedure. At this stage, applicants are also informed about when and where they will have their personal interview.
The Federal Office for Immigration and Asylum (BFA) is responsible for providing the written information, which is mostly handed out by the police. The information includes details about the Dublin procedure, the Member State that could be responsible and the criteria based on Article 7 of the Dublin III Regulation, as well as information about the transfer process. The information is provided in written form, and if needed, orally as well.
The leaflet is available in multiple languages, including Albanian, Armenian, Amharic, Arabic, Aseri, Bengali, Bosnian, Bulgarian, Chinese, Croatian, Czech, Dari, German, English, Estonian, Farsi, French, Fulla, Georgian, Greek, Hindi, Hindi Mangal, Igbo, Italian, Kurdish Kirmanci, Kurdish Sorani, Kurdish Zazaki, Lithuanian, Mandingo, Macedonian, Moldovan, Mongolian, Nepali, Pashto, Polish, Portuguese, Punjabi, Romanian, Russian, Serbian, Sinhala, Slovak, Slovenian, Somali, Spanish, Thai, Tibetan, Tigrinya, Chechen, Turkish, Ukrainian, Hungarian, Urdu and Vietnamese.
The information material includes general details on reception conditions, legal aid and Member State-specific information. It is complemented with targeted material, especially for unaccompanied minors and family tracing.
When applicants receive a transfer decision, the decision includes information on legal remedies and access to legal assistance.
First instance determination
After the application and fingerprinting, the initial interview is conducted by the police. During the interview, the applicant is informed about the next steps in the process, including where to go for the personal interview, in accordance with Article 5 of the Dublin III Regulation (admissibility procedure). This information is provided in a written leaflet, with additional oral explanations if needed. Following the initial interview, the applicant is also informed about housing arrangements and reception.
Once the applicant is placed in a reception centre, they will receive a formal invitation from the Federal Office for Immigration and Asylum (BFA) for the personal interview, usually within 2 weeks. This invitation includes the date, location and the subject of the personal interview. Prior to the interview, the applicant is informed about their rights and obligations, including the consequences of non-compliance.
During the personal interview, the applicant is asked if they would like to submit any further evidence. If needed, the applicant will be given a deadline to submit additional evidence. After the personal interview, the BFA informs the applicant orally about the next steps in the procedure, particularly about the formal decision.
Applicants are informed that they can consult the BBU for legal aid during the process. Additionally, applicants are given information on their rights and obligations during the initial interview, which is communicated through a leaflet. More detailed information, including the possibility to lodge an appeal, is provided in the formal decision, along with a procedural order that comes with the decision.
In the event of a negative decision, applicants are provided with information about the possibility of lodging an appeal and are informed about returns or assisted voluntary return and reintegration options. This information is shared in writing and as part of the formal decision notification.
Legal assistance and representation
During the initial interview, applicants are informed about their right to consult, at their own cost, a legal adviser or other counsellor about matters related to their application. This information is provided by the relevant authorities in written form.
Applicants also receive information on their right to free legal assistance and representation in the appeal procedure. This is communicated to them with the procedural order that accompanies the formal decision. The Federal Office for Immigration and Asylum (BFA) provides this information in written format.
Resettlement and humanitarian admissions
Austria currently does not implement resettlement and humanitarian admission programmes.
Content of protection
The Austrian Integration Funds (Österreichischer Integrationsfonds) provides factual and background information to beneficiaries of protection on their rights and obligations associated with the protection status, integration activities, employment, education, healthcare and the residence permit.
Provision of information in reception
Reception conditions
The provision of information on rights, obligations and reception conditions of applicants for international protection is systematically integrated into the asylum process. Applicants are first informed at the initial interview, which is generally conducted by the police.
The information provided during the interview covers a wide range of topics. For example, applicants are informed about the house rules of the reception centre, the basic welfare support to which they are entitled and the conditions under which this support can be withheld, restricted or withdrawn. In addition to these practical aspects, applicants are also informed about the reimbursement of care costs, the postal address they should use and the legal obligations they must adhere to, such as the duty to report regularly and cooperate with the authorities.
The interview also covers aspects related to the applicant’s well-being. Information is provided on medical and psychological care, available treatments and social care, including schooling and German language lessons, which are essential for their integration into Austrian society. Applicants are also given advice about voluntary returns to their home country and the possibility of a transfer to different regions within Austria, should this be necessary for their case.
One of the most important aspects of the information provided is the legal support available to applicants. The Federal Office for Immigration and Asylum (BFA) ensures that applicants are informed about their right to legal aid, including how to access legal representation if needed. The police, as the authority conducting the initial interview, ensures that this information is delivered. To accommodate the diverse needs of applicants, the information is made available in multiple languages, including Albanian, Armenian, Amharic, Arabic, Aseri, Bengali, Bosnian, Bulgarian, Chinese, Croatian, Czech, Dari, German, English, Estonian, Farsi, French, Fulla, Georgian, Greek, Hindi, Hindi Mangal, Igbo, Italian, Kurdish Kirmanci, Kurdish Sorani, Kurdish Zazaki, Lithuanian, Mandingo, Macedonian, Moldovan, Mongolian, Nepali, Paschtu, Polish, Portuguese, Punjabi, Romanian, Russian, Serbian, Singhalesish, Slovak, Slovenian, Somali, Spanish, Thai, Tibetan, Tigrinia, Chechen, Turkish, Ukraine, Hungarian, Urdu and Vietnamese.
In detention
Third-country nationals in detention are informed about the reasons for their detention and the procedures for challenging the detention order as part of the formal decision issued by the authorities. The reasons for detention are clearly outlined in the formal decision, which also includes information on legal remedies available. This decision is accompanied by an information leaflet, which explains the detention procedure and provides guidance on how to seek legal advice.
The police inform applicants about the rules and regulations that apply within the detention facility, as well as their rights and obligations.