Legal counselling
General
Applicants for international protection are entitled to free legal counselling during the administrative procedure.
In appeal proceedings before the Federal Administrative Court, applicants are entitled to free legal counselling and legal representation.
The Federal Agency for Care and Support Services (BBU) is responsible for providing legal counselling, as well as legal representation.
Legal counselling in the administrative procedure
Since 12 June 2026, all applicants in proceedings to determine the member state responsible (proceedings under the Asylum and Migration Management Regulation [AMM-regulation]) and in proceedings for international protection have been entitled to free legal counselling.
Requests for legal counselling should be addressed to the Federal Office for Immigration and Asylum (BFA) via Free legal information – Asylum in Austria (BFA).
The scope of the legal counselling is set out in the EU regulations and includes, amongst other things:
- guidance and explanations regarding the procedure for determining the Member State responsible and the procedure for international protection, including information on rights and obligations during these procedures;
- legal issues arising during the asylum procedure, including information on how to appeal against a negative decision.
The BBU offers legal information sessions in the form of group meetings. During these sessions, applicants have the opportunity to ask questions about the topics covered by the legal information service. However, unlike legal advice, the legal information service does not provide individual advice or assess the individual’s chances of success.
In the case of unaccompanied minors, legal advisers from the BBU act as legal representatives from the moment they arrive at the initial reception centre. Once the minor has been assigned to a care centre in a particular federal state, this role is taken over by the local child and youth welfare agency in the federal state to which the minor has been assigned.
Legal assistance and representation in the appeal procedure
In appeal proceedings against decisions of the BFA – with the exception of, amongst other things, decisions on costs or the production of documents in the context of an appeal by default – free legal assistance and representation are provided. Requests for legal advice should be addressed to the BBU.
Legal basis
- sections 2, 13 of the BBU-Einrichtungsgesetz
- section 29 of theAsylgesetz 2005
- sections 10, 49, 52 of the BFA-Verfahrensgesetz
EU legal acts of the asylum and migration pact
