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Application for International Protection

AustriaHumanitarian protection

Explore the five recorded questions, answers and sources for this pathway.

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What exactly is this: asylum, temporary protection, humanitarian admission, resettlement or another protection mechanism?

This is international protection (asylum). A person may need international protection if they cannot go back to their country because they fear persecution or face a real risk of serious harm. In Europe, international protection can take the form of refugee status or subsidiary protection.

See recorded sources
  • https://www.asyluminaustria.at/information/asylum-procedure.html
    You may need international protection if you cannot go back to your country because you fear persecution or face a real risk of serious harm. This means, for example, that your life or freedom would be in danger and the authorities of your country won’t protect you from the danger you face. The risk of persecution or serious harm includes threats to life, freedom or physical integrity.
  • https://www.asyluminaustria.at/information/asylum-procedure.html
    In Europe, international protection can take different forms: refugee status or subsidiary protection. International protection is also called asylum.

Which population, circumstances or geographic group does the mechanism cover?

Everybody has the right to apply for international protection. It covers people who cannot go back to their country because they fear persecution or face a real risk of serious harm, such as threats to life, freedom or physical integrity. An application can only be made in person and only on Austrian territory.

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Where can protection be requested, and is this a direct application, border/in-country request, referral or other process?

The person tells an authority in Austria that they want to apply for asylum: the police, the Federal Office for Immigration and Asylum (BFA) or the residence authorities. The person must be in Austria; an application can also be made in detention. No special words or form are needed. The application is then registered and later formally lodged. Some applications are checked at the border in an asylum border procedure.

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What happens after the request: registration, family handling, major support and rights where officially stated?

The application is registered by the police on behalf of the BFA within 5 days of making it (within 10 days if made with another authority); personal data, including information about family members in Austria or another EU+ country, fingerprints and a photograph are recorded, and the person receives a document stating that the application was made and registered. The application must then be lodged within 21 days of registration; if it is not lodged, it is considered withdrawn unless the reason for this failure is beyond the person's control. The person is then invited to a personal interview, and a BFA officer checks the case. From the moment of applying, the person in principle has the right to stay in the country responsible for examining the application, and rights to reception support and services, a free interpreter during important steps such as registration and the personal interview, and free legal counselling. The administrative procedure takes up to 6 months from lodging and should not take more than 21 months.

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Which competent authority, UN body or official assistance channel should the person use?

All decisions in the asylum procedure are taken by the Austrian authorities and courts: the asylum procedure is conducted with the Federal Office for Immigration and Asylum (BFA), and appeals against a rejection are decided by the Federal Administrative Court; UNHCR is not involved in the decision making. Applicants who have not yet received a BFA decision have the right to free legal counselling, offered by BBU GmbH, and can request a free legal adviser from BBU GmbH during an appeal. The 'Asylum in Austria' website of the Federal Ministry of the Interior describes itself as the central information platform for asylum applicants in Austria. The official source does not state fraud or scam warnings.

See recorded sources

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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