Arrival & First Registration

When you arrive in Austria and wish to apply for asylum, you must present yourself to the police or border authorities. You will be registered and taken to an initial reception centre (Erstaufnahmestelle). You cannot be turned away without an individual assessment of your situation.

• You have the right to apply for asylum regardless of how you entered Austria
• You will receive a registration document (Verfahrenskarte)
• You will be assigned to a reception centre (Grundversorgung)
• You have the right to contact UNHCR and legal advisors

Admissibility Check

Before your application is examined on its merits, the Bundesamt für Fremdenwesen und Asyl (BFA) checks whether Austria is responsible for examining your claim. If you have previously been in another EU country, the Dublin III Regulation may apply and Austria may seek to transfer you.

• The BFA checks for Dublin III responsibility (previous EU country)
• You will be interviewed about your travel route
• If Dublin applies, you may be transferred — you can appeal this
• If Austria is responsible, your case proceeds to the merit stage

Asylum Interview

You will be invited to an interview at the BFA (Bundesamt für Fremdenwesen und Asyl). This is the most important stage of your application. You must explain in detail why you cannot return to your country of origin. You have the right to an interpreter and to legal advice before the interview.

• You have the right to a qualified interpreter
• You can request a same-gender interviewer
• You should bring all documents supporting your claim
• You have the right to legal counsel — contact us before your interview
• You must tell the truth — inconsistencies can harm your case

BFA Decision

After the interview, the BFA issues a written decision (Bescheid). There are three possible outcomes: full refugee status (Asylstatus), subsidiary protection (subsidiärer Schutz), or rejection. You will receive the decision in writing with reasons.

• Refugee status (§ 3 AsylG): granted if you face persecution based on race, religion, nationality, political opinion, or social group
• Subsidiary protection (§ 8 AsylG): granted if you face serious harm but do not qualify as a refugee
• Rejection: if neither applies, you receive a negative decision with a return order
• You have 4 weeks to appeal a negative decision

Appeal to the BVwG

If you receive a negative decision, you have the right to appeal to the Bundesverwaltungsgericht (BVwG — Federal Administrative Court). The appeal must be filed within 4 weeks of receiving the decision. Filing an appeal generally suspends any deportation order.

• Appeal deadline: 4 weeks from receipt of the BFA decision
• The appeal must be in writing and in German
• We strongly recommend legal support for your appeal
• The BVwG may hold an oral hearing
• If the BVwG rejects your appeal, you may apply to the VwGH or VfGH

Rights During the Procedure

While your asylum procedure is ongoing, you have a number of rights under Austrian and EU law, including access to basic care, healthcare, and education for your children.

• Right to Grundversorgung (housing, food, basic allowance)
• Right to healthcare (basic medical care)
• Children have the right to attend school
• Right to legal advice and representation
• Right to remain in Austria while the procedure is ongoing (unless detained)