oesterreich.gv.at – startpage
Login

Asylum procedure

Submission of applications, screening and initial phase

Submission of applications

An application for international protection ('asylum application') can be made in Austria to

  • the police, 
  • border guards and
  • (since 12 June 2026) the Federal Office for Immigration and Asylum (BFA) or the authorities responsible for the NAG.

An application can only be made within Austria and in person.

Registration and screening

The application is then registered by the police. In certain cases, registration is accompanied by a ‘screening’. This is a vetting procedure that must be carried out for all third-country nationals who are applying for international protection or are residing in Austria unlawfully.

However, such screening only takes place in Austria if it has not already been carried out at the external borders by another Member State of the European Union (EU).

The screening comprises the following steps:

  • identity verification
  • preliminary health check
  • preliminary vulnerability assessment
  • collection of biometric data
  • security check

As part of the registration process, a questionnaire is administered to gather relevant information, primarily for the purpose of establishing the applicant’s identity and travel route. On the basis of this questionnaire, the Federal Office for Migration and Refugees (BFA) makes a preliminary decision to assign applicants to the appropriate procedure (e.g. an accelerated procedure).

Submission

Once registration is complete, applicants have 21 days to formally ‘submit’ their asylum application; otherwise, the application is deemed to have been withdrawn tacitly. As a rule, the application is deemed to have been submitted simply by being accommodated in one of the federal government’s reception centres. Those living in private accommodation must submit their application in person at the Federal Office for Migration and Refugees (BFA).

Once an asylum application has been submitted, this is usually accompanied by the right to remain in the country. This means that the applicant is temporarily permitted to stay in Austria.

Procedure before the BFA

Depending on the outcome of the initial phase, various types of proceedings may then be initiated. These are handled by a regional directorate (or branch office) of the BFA.

In certain circumstances, the application is inadmissible without a more detailed examination of its substance. This applies, for example, to cases where

  • another member state is responsible for examining the application,
  • another EEA State or Switzerland has already granted protection to the person concerned,
  • the safe third country concept applies, or
  • there is a valid return decision against the person concerned.

In other cases, the substance of the application must be examined. This means that the grounds for the application for international protection are assessed. A distinction is made between

  • "ordinary procedure",
  • accelerated procedure and
  • border procedure.

As far as the scope of the examination is concerned, it makes no difference whether the asylum application is examined under the "ordinary procedure", the accelerated procedure or the border procedure.

Applicants are interviewed by an officer from the Federal Office for Migration and Asylum (BFA) about their personal circumstances, their journey to Austria and the reasons for their flight. The interview is conducted in a language the applicant understands and is interpreted by sworn interpreters. Under the ‘ordinary procedure’, the BFA reaches a decision on the application within six months.

In certain cases, the BFA is obliged to conduct the proceedings on an expedited basis within a maximum period of three months, for example where

  • the applicant poses a threat to public safety and order,
  • the person has attempted to mislead the authorities regarding their identity, or
  • the person comes from a safe country of origin.

A border procedure may be conducted if an asylum application is made at an international airport following arrival from a third country, i.e. after crossing an EU external border. Similar to the accelerated procedure, this is mandatory in certain cases, for example if the person comes from a country of origin where the likelihood of recognition is less than 20 per cent.

Border procedures are carried out at Schwechat Airport. For the duration of the procedure, those concerned must remain in a designated area within the airport grounds. Voluntary departure is possible at any time. The border procedure must normally be completed within twelve weeks. Otherwise, the applicant will be granted entry and the procedure will continue as a "ordinary procedure".

Decision (Bescheid)

The decision on the asylum application is issued by means of a decision (Bescheid) served on the applicant. Every decision by the Federal Office for Asylum and Migration (BFA) contains a ruling (the outcome of the proceedings) and instructions on how to appeal, also in a language that the applicant can understand.

Appeal procedure

Appeals against decisions of the BFA may be lodged with the Federal Administrative Court, whose independent judges will decide on the appeal. If an appeal is lodged, as a rule legal assistance and representation must be provided free of charge. These services are provided in a supportive capacity or as legal representation (there is no requirement to use a solicitor). This task is carried out by specialist staff from the Federal Agency for Care and Support Services (BBU) . Representation by a solicitor (at your own expense) is also possible.

Effect of an appeal

As a rule, the decision cannot be enforced until the Federal Administrative Court has reached a decision. However, there are exceptions in which the appeal does not have a suspensive effect. This applies in particular to the following cases:

  • decisions in accelerated procedure
  • decisions in border procedure
  • decisions rejecting an application as inadmissible

Time limit for appeal

As a rule, the period for lodging an appeal is  four weeks from the date of notification of the decision.

Furthermore, there are shortened time limits for appeal in certain cases:

These may be one week (for decisions in the border procedure), ten days (in the accelerated procedure) or two weeks (in certain cases where an application for international protection is rejected or where international protection is withdrawn on grounds of criminality).

The specific time limit is stated in the information on legal remedies within the decision. In the case of an appeal against administrative measures (e.g. regarding detention), the time limit for lodging an appeal is six weeks. This time limit generally begins to run from the date of becoming aware of the exercise of direct administrative power of command and coercion.

Documents and form

The appeal must be lodged in writing and within the prescribed time limit.

It must identify the decision being appealed and the authority that issued the decision concerned.

Furthermore, it must set out the grounds on which the claim of unlawfulness is based and the relief sought.

Advice

Appeals against decisions by the Federal Administrative Court can be lodged with the Supreme Administrative Court and/or the Constitutional Court.

Legal aid may be requested for appeals to the Supreme Administrative Court and complaints to the Constitutional Court

Competent authority

Appeals to the Federal Administrative Court should usually to be lodged with the Federal Office for Immigration and Asylum (BFA). The BFA submits the appeal to the Federal Administrative Court.

Costs and fees

None

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