Austria is bound by the recast Reception Condition Directive and has transposed its provisions in the Federal Act to regulate the basic care of asylum seekers in the admission procedure and certain other foreigners of 2005.

Reception provisions are regulated by the Federal Basic Care Act (Grundversorgungsgesetz – Bund 2005, GVG-B 2005) as well as the Basic Welfare Support Agreement, Article 15a B-VG (Grundversorgungsvereinbarung). 

The reception system follows the principle of shared responsibilities, which means that the tasks are shared between the federal state and the federal provinces.

During the admission procedure, the federal state through the state-owned company BBU GmbH is responsible for providing material reception conditions, including the provision of accommodation, everyday goods (e.g. hygiene items and clothing) and social, medical and psychological care. The BBU is also responsible for providing legal advice and legal representation, interpretation and translation services, human rights monitoring, return counselling and return assistance.

Following the admission procedure, the federal provinces become responsible. They provide collective and individual housing.

The Basic Welfare Support Agreement outlines the legal framework for distributing asylum applicants across Austria’s federal states. A coordination office is established at the federal level to manage the allocation of asylum seekers to the states following a predefined distribution quota. According to Article 1(4), asylum seekers are allocated based on the proportion of the population in each federal state; redistribution can occur if one region faces a disproportionate burden, in agreement with the coordination office.

Training is provided to specific case officers handling minor applicants, in particular taking into account age, maturity, cultural differences and experiences. Advanced training is provided to staff of reception centres, basic care facilities and police detention centres on the risk of human trafficking of unaccompanied minors.

The reception conditions are triggered immediately upon making an application.

During the initial interview of the asylum seeker by the public security officer (at the beginning of the admissibility procedure), the applicant is still within the responsibility of the police and is obliged to reside at the Initial Reception Centre (EASt or VQ).

Once the admission phase is concluded, applicants are transferred from the federal distribution centre to a smaller provincial facility, where they will stay until the end of the procedure.

Applicants are entitled to material benefits in accordance with the Reception Conditions Directive for an additional 4 months after receiving a positive decision. Rejected applicants are entitled to material reception conditions, provided that they cooperate with the competent authority on their departure.

Under the Agreement between the Federal State and the Provinces on Basic Care, Article 15a B-VG (Grundversorgungsvereinbarung), the federal government is responsible for ensuring that sufficient accommodation facilities are available if needed. For this purpose, some facilities were temporarily shut down and not completely closed.

Furthermore, the federal reception system uses tents and containers as temporary emergency accommodation as a last resort measure.

Reception facilities at the federal state level include: 

• EASt: Initial Reception Centres (Erstaufnahmestellen) during the admissibility procedure.
• VQ: Distribution Centres (Verteilerquartiere) set up in five federal provinces for asylum seekers during the admissibility procedure.
• BS: Federal reception centres (Betreuungsstellen) for asylum seekers during/after the admissibility procedure and before their stay in Provincial Reception Centres for people whose admissibility was declined.
• SBS: Specialised reception centres (Sonderbetreuungsstellen) for asylum seekers in need of specialised medical care and for unaccompanied minors.
• RÜBE: Return advice centres (Rückkehrberatungseinrichtungen) for people with a final return decision after a negative asylum decision until their departure.

After the admissibility procedure (within the competence of the federal provinces):

• Federal Provincial Reception Centres (Landesgrundversorgung): for applicants under the regular procedure. This includes organised as well as individual housing.

Depending on the profile and the stage of their application, vulnerable applicants may be accommodated in specific facilities within a federal reception centre or in a specialised reception centre in the provinces. Housing placement is arranged on an individual basis depending on the needs assessment.

Reception centres for unaccompanied children (Jugendwohnheimeare) are managed by the Ministry of the Interior at the federal level, e.g. 1 reception centre is a separate facility for unaccompanied children in the Federal Reception Centre EAST in Traiskirchen (initial reception centre).

The Child and Youth Agency is responsible for providing adequate care. The Ministry of the Interior and the competent department of the federal provinces agreed on a quota system for unaccompanied children in basic care facilities. Some federal provinces also offer the possibility for unaccompanied minors to live with families.

The initial reception centre of Traiskirchen accommodates single women, who are accommodated in a separate building. There are special facilities in some federal provinces for single women and mothers. NGOs also offer facilities for single women.

There also some places in facilities of the state or run by NGOs for applicants with disabilities and special health needs, e.g. Special Care Centre (Sonderbetreuungsstelle) in Graz Andritz or persons with special needs accommodated in separate rooms in the Federal Reception Centre in Traiskirchen during the admissibility procedure.

Material reception conditions are defined in the Basic Care Act 2005 (Grundversorgungsgesetz – Bund 2005), Article 6. They include suitable accommodation with respect for human dignity and family unity, provision of adequate food, a monthly allowance for people in an accommodation, healthcare, information, advice and social support, transport costs, benefits in kind or in cash to obtain the necessary clothing, and counselling on returns.

GVG-B 2005, Article 2(1) states that special attention should be given to vulnerable persons with special reception needs when an asylum seeker is registered in the Reception System (in practice, the Federal Ministry of the Interior in cooperation with the Federal Ministry of Health developed an anamnesis sheet for applicants, which is the basis for the subsequent initial medical examination). Material reception conditions should at least safeguard human dignity.

Unaccompanied minors: Unaccompanied minors are accommodated within special reception structures, as well as families. Minors who are younger than 14 years are provided care in socio-pedagogic institutions of the federal provinces. Since 1 December 2020, the Federal Agency for Reception and Support Services (BBU GmbH) is responsible for the care of unaccompanied children. Unaccompanied minors have the same rights to specialised health care/psychological support as Austrian children. Guidance and care for unaccompanied minors is managed by the Youth Welfare Agency (Children and Youth Assistance).

Applicants with special needs: There are places in facilities of the state (e.g. Traiskirchen) or facilities run by NGOs for applicants with disabilities and special health needs. The Special Care Centres (Sonderbetreuungsstellen) take care of applicants with special health needs. The Specialised Care Centre Graz Andritz offers medical care for patients with regular or special care and treatment needs (e.g. cancer patients, persons with cardiovascular diseases, epileptics, diabetics, patients in the drug replacement programme, etc.).

In order to address gender-related needs, specialised, separate buildings for single women and mothers are foreseen: “Frauenhaus” Traiskirchen only have female social workers and security staff. NGOs also offer facilities for single women.

Access to the regular state education system is given according to national provisions. Generally, school is mandatory for all children between the ages of 6 and 15 years. In principle, children will participate in regular classes as (extraordinary) pupils.

Language courses and “bridge classes” (school classes in selected reception centres) are available for children, with a focus on the German language, classes on social values, Austria (history, geography, politics, etc.), sports, handicrafts, etc.

School attendance is compulsory for all children who have a permanent residence (without distinction between Austrian children and regardless of the permanent residence status).

People with sufficient means are excluded from the provision of material reception conditions. The information, whether an applicant has an income from employment in Austria, can be accessed in the system of the Austrian Health Insurance.

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Material reception conditions may be withdrawn or reduced when the asylum seeker: 

• Repeatedly violates the house rules or his/her behaviour endangers public order and the security of other inhabitants;
• Has submitted a subsequent application; 
• Has been convicted by a court of a crime on a ground that may exclude him/her from refugee status according to the Refugee Convention, Article 1F (not applied or relevant in practice); or 
• Leaves the designated reception facility for longer than 3 consecutive days, which results in material reception conditions no longer being provided.

Material reception conditions can be reduced when the asylum applicant is working and has an income or items of value or receives support from a third party.

Material reception conditions may be withdrawn or reduced when the asylum seeker: 

• Repeatedly violates the house rules and/or his or her behaviour endangers public order and the security of other inhabitants;
• Has submitted a subsequent application; 
• Has been convicted by a court for a crime on a ground that may exclude him/her from refugee status according to the Refugee Convention, Article 1F (not applied or relevant in practice); or 
• Leaves the designated reception facility for longer than 3 consecutive days, which results in material reception conditions no longer being provided.

Material reception conditions can be reduced when the asylum applicant is working and has an income or items of value or receives support from a third party.

There is a legal remedy in the Basic Care Act of the Federal State foreseen in case material reception conditions are withdrawn. Such decisions to withdraw or reduce basic care provision can be appealed at the Administrative Court and free legal assistance is provided in the law and implemented in all federal provinces.