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General information on Asylum

General

Granting of international protection is a key obligation under international law and human rights law. International protection is granted in two forms:

  • refugee status
  • subsidiary protection status

The Austrian asylum procedure is based on the principle that each case is considered individually. This means that each application for international protection (“asylum application”), is examined on a case-by-case basis to determine whether there are grounds from persecution under the Geneva Convention, grounds for subsidiary protection, or grounds to grant leave to remain for humanitarian reasons. 

Refugee status

According to the Geneva Refugee Convention, refugees are persons who are outside their country of origin because of a well-founded fear of persecution on account of their race, religion, nationality, membership of a particular social group, or political convictions, and who are unable to claim the protection of their country of origin, or do not wish to do so, because of this fear. If their asylum claims are accepted, these individuals are granted refugee status.

A foreign national is considered an applicant during the asylum procedure, from the submission of the application until a final decision is reached.

Persons who have been granted refugee status are granted a temporary right of residence for three years. Provided the conditions continue to be met, this may initially be extended for a further three years and subsequently for five-year periods.

These persons also have immediate and full access to the labour market, as well as the option to apply for a Convention passport.

Status of subsidiary protection

Persons who, although they do not qualify for refugee status under the Geneva Convention on Refugees because they are not personally persecuted in their country of origin, would nevertheless face a threat to their life or physical integrity if returned to that country, are granted subsidiary protection status.

The threat in question must – even if it is not of a personal nature – originate from an "actor". Threats resulting from natural disasters or pandemics, for example, are therefore not covered and do not lead to the granting of subsidiary protection status.

Persons who have been granted subsidiary protection status are entitled to a temporary right of residence in Austria; they have full and immediate access to the labour market and the option to apply for a foreigner's identity card if they are unable to obtain a passport from their country of origin.

The right of residence is granted for one year upon initial issue. If the conditions are still met when the initial period expires, it is extended for a further three years on the first renewal and for five years on each subsequent renewal. 
It is possible to switch to a long-term residence – EU residence permit at a later date, provided all the conditions for issue are met.

Exclusion from and withdrawal of international protection

Certain groups of people are not eligible for protection because, for example, their behaviour poses a threat to the community or to Austria’s security, such as through the commission of a serious criminal offence. Persons who have committed war crimes, crimes against humanity or serious non-political crimes are excluded from being recognised as refugees.

Withdrawal of refugee status

Refugee status shall be withdrawn if the person concerned, amongst other things,

  • is no longer in need of protection,
  • has committed an act constituting grounds for exclusion,
  • has once again placed themselves under the protection of their country of origin, or
  • has been granted refugee status on the basis of false statements or by concealing facts.

Furthermore, revocation proceedings will be initiated ex officio if an analysis of the country-specific documentation reveals that there has been a significant and lasting change in the specific circumstances – particularly political circumstances – in the applicant’s country of origin that are relevant to the fear of persecution.

Withdrawal of subsidiary protection status 

Subsidiary protection status shall be withdrawn if the person concerned
is no longer in need of protection,

  • has committed an act constituting grounds for exclusion,
  • has acquired the nationality of another state,
  • has obtained the status by making false representations or by concealing facts, or
  • has left their country of origin to evade prosecution for one or more criminal offences.

Consequences of the withdrawal of international protection

If international protection is withdrawn, this usually results in a measure terminating the right of residence (e.g. deportation), unless another right of residence applies depending on the individual case.

Unaccompanied minors

In the asylum procedure, the term ‘unaccompanied minors’ refers to all third-country nationals or stateless persons under the age of 18 who are not accompanied by a parent or other legal guardian. Special provisions apply to these children and young people.

From day one, he local child and youth welfare services have custody of a child. This responsibility generally also includes representing the child in asylum proceedings (legal representation).

As long as unaccompanied minors are accommodated in federal care centres at the start of the procedure, they are represented in the proceedings by legal advisers from the Federal Agency for Care and Support Services (BBU). Due to their heightened vulnerability, unaccompanied minors are generally placed by the federal government in special accommodation (special care centres), with particular attention being paid to ensuring the best possible care in the best interests of the child (higher staff-to-child ratios, structured daily routines).

Documents and form

The application to renew a residence permit can be submitted in person or in writing. There are no special formal requirements. If the application is made in person, applicants must present their current ID card showing they are a beneficiary of subsidiary protection.

Competent authority

all regional Directorates of the Federal Office for Immigration and Asylum (BFA)German text

Costs and fees

The initial issue of residence permits is free of charge. The renewal and reissue of residence permits (e.g. due to loss, theft or a damaged card) are subject to a fee in accordance with the Gebührengesetz.

Last update: 12/06/2026
Responsible for the content: Federal Ministry of the Interior
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