FAQs Refugees and Asylum

Refugees had to leave their homeland because they were in danger there. The Geneva Convention on Refugees stipulates for the countries of the world that have signed this international treaty (almost 150, including all EU member states and thus also Austria) who is considered a refugee: namely people who have had to flee their home country due to a well-founded fear of persecution on the grounds of ethnicity, religion, nationality, membership of a particular social group, or political opinion.

If, during the asylum procedure (see “How does the asylum procedure work?”), it is determined that such reasons exist, asylum must be granted; these individuals are then referred to as persons entitled to asylum or recognized refugees.

The term “migrants” is often used to refer to people who, unlike refugees, are not at risk of persecution in their country of origin and who have left their home country voluntarily, e.g. for work or training purposes or for family reasons. Unlike refugees, Austria can decide largely autonomously which and how many migrants it wants to accept.

It is not possible to apply for asylum from abroad. The application must be submitted within the country. However, since it is virtually impossible for refugees to enter Austria legally with a visa issued by an Austrian embassy abroad, they have to organize their flight to Europe themselves and are forced to cross the borders into Europe or Austria “illegally.” This route is very dangerous and expensive, and most have to resort to the services of smugglers to be smuggled across the difficult-to-cross borders.

The Geneva Convention on Refugees prohibits the punishment of refugees for illegally crossing borders.

Asylum seekers are people who have applied for asylum, i.e. protection from persecution, in another country and whose asylum proceedings have not yet been completed. Unfortunately, the term “asylum seekers” is also used repeatedly; however, this term has taken on a pejorative meaning and should therefore not be used.

In order to apply for asylum, or more correctly, to apply for international protection (= application for asylum or, alternatively, subsidiary protection, see “What is subsidiary protection?”), a person must express to a police officer that they need protection in Austria.

When someone has submitted an application for asylum, the police record the person’s personal data, take a photograph, collect fingerprints, and conduct an initial brief interview.
The Federal Office for Immigration and Asylum (BFA) then carries out a preliminary assessment of whether the asylum procedure can be conducted in Austria and decides where the asylum seeker will be accommodated and provided for under the basic welfare system (see “How are asylum seekers provided for?”).

In the first phase of the asylum procedure (the admissibility procedure), the BFA decides—among other things and after conducting at least one interview—whether the Austrian authorities must examine the reasons for fleeing the country of origin, or whether, under the Dublin Regulation (see “What is the Dublin Regulation?”), another EU Member State (plus Norway, Iceland, and Switzerland) is responsible for conducting the asylum procedure. During the admissibility procedure, asylum seekers have a legal right to legal counselling provided by the Federal Agency for Care and Support Services (BBU GmbH – see www.bbu.gv.at). Alternatively, they may also be assisted by a lawyer or adviser of their own choosing. If another country is responsible under the Dublin Regulation, the BFA issues a corresponding written decision (a formal decision), against which the asylum seeker may lodge an appeal (e.g. with the support of the “BBU”).

If Austria conducts the asylum procedure, the BFA must examine the reasons for flight through interviews and investigations and then decide whether the asylum seeker is to be granted a protection status or a residence permit for Austria. An appeal against this decision may be lodged within (as a rule) two weeks. Upon request, the “BBU” must assist asylum applicants in submitting the appeal and during the appeal proceedings.

Appeals against decisions of the BFA are decided by the Federal Administrative Court.

Asylum seekers in need of assistance are entitled to basic services. Basic services essentially include health insurance, food, pocket money, clothing allowance, and accommodation in suitable housing. Accommodation can be either in organized housing with meals or organized housing with self-catering. If people are already living in private accommodation, they can also receive basic benefits privately, depending on the status of their application and the federal state. During the first part of the asylum procedure (see “How does the asylum procedure work?”), the federal government is responsible for basic benefits, while during the second part, the federal states are responsible. Special needs, e.g., of mentally ill people, victims of violence, or minors, must be taken into account.

Some rights: Asylum seekers have the right to a procedure in accordance with the relevant legal standards, in which their reasons for seeking protection in Austria are heard and examined and, if appropriate, they are granted the corresponding protection status. Asylum seekers (like all people) have the right to respect for the principle of non-refoulement (see “What is the principle of non-refoulement?”). They have a fundamental right to basic provisions (see “How are asylum seekers provided for?”) and to legal advice.

Some obligations: Asylum seekers must cooperate in the asylum procedure, i.e., appear at all appointments set by the Austrian authorities, truthfully state all reasons against returning to their country of origin (or another country) or for remaining in Austria (see “What is the ‘right to remain’?”) as soon as possible and, if possible, provide evidence of these reasons. If someone wants to apply for asylum in Austria, they should do so as soon as possible after entering Austria, otherwise there may be negative consequences. Asylum seekers must immediately notify the BFA or the Federal Administrative Court of any change of address and remain available.

If, in the course of asylum proceedings, the authorities conclude that there are no grounds for granting asylum (see “What are refugees and what are persons entitled to asylum?”), subsidiary protection must be granted if there is a risk of violation of the prohibition of torture or inhuman or degrading punishment or treatment or the right to life (according to Articles 2 and 3 of the European Convention on Human Rights) or a serious threat to life and limb in conflict situations (e.g., civil wars). Unlike asylum status, subsidiary protection is granted for a limited period, initially for one year and, after the first extension, for two years at a time. Before this period expires, an application for extension must be submitted to the BFA.

This principle of international law prohibits the deportation of persons to countries where they face inhuman treatment or torture, and the rejection of refugees to countries where they are persecuted.

The term “right of residence” is generally understood to refer to residence permits that are granted due to an otherwise imminent violation of the right to private and family life (Article 8 of the European Convention on Human Rights). Specifically, this refers to so-called “residence permits for compelling reasons” under the Asylum Act, which can be granted, for example, to persons who have been residing in Austria for a long time and are very well integrated, or to persons with family in Austria.

During the asylum procedure, asylum seekers are only allowed to work to a very limited extent, and not at all during the first three months. They would need a work permit for dependent employment, which is only granted if no other person with free access to the labor market in Austria is available for the desired position. In practice, work permits are very rarely granted to asylum seekers. 

Apart from that, charitable work, i.e., auxiliary work for a small amount of money for federal, state, or municipal institutions, is possible (so-called remunerated work).

In principle, family reunification under the Asylum Act is only possible after asylum has been granted (immediately) or subsidiary protection (after the first extension). Essentially, only minor children, their parents, and spouses can be reunited under certain additional conditions.

During ongoing asylum proceedings and if certain family members have applied for asylum in different EU member states (as well as in Norway, Iceland, and Switzerland), it is theoretically possible for the asylum proceedings of family members to be merged in the same country in accordance with the Dublin Regulation (“What is the Dublin Regulation?”).

The Dublin Regulation is an EU regulation stipulating that asylum procedures must generally be conducted in the EU member state (plus Norway, Iceland, and Switzerland) in which asylum seekers first enter the EU (or, in the case of unaccompanied minor asylum seekers, in which asylum was applied for, see “What are unaccompanied minor asylum seekers?”).

Third-country safety refers to asylum seekers who can find protection from persecution in a country other than Austria (excluding EU member states plus Norway, Iceland, and Switzerland; for which the Dublin Regulation applies) can find protection from persecution; i.e., they are not at risk of serious human rights violations in this country and have access to a procedure for determining refugee status or have already completed such a procedure. In this case, Austria can reject the asylum application and send the person concerned back to this third country. Whether a country is a safe third country must be examined on a case-by-case basis with regard to the individual asylum seeker.

Austria legally classifies a number of countries (including all EU member states) as “safe third countries.” This list can be expanded by regulation. If an asylum seeker is a national of one of these countries, the BFA may decide that he/she has no protection against deportation in the event of a negative decision, i.e., deportation would be possible while he/she is awaiting the Federal Administrative Court's decision on the appeal (see “How does the asylum procedure work?”). In this case, asylum seekers also lose their entitlement to basic benefits (see “How are asylum seekers provided for?”). Medical care and a decent standard of living must still be guaranteed.

Unaccompanied minor asylum seekers are defined as children—i.e., anyone under the age of 18 according to the UN Convention on the Rights of the Child—who flee to Austria without their parents or other relatives and apply for asylum. In 2024, 3.6 percent of asylum applications were submitted by unaccompanied minors.

Unaccompanied minor asylum seekers are entitled to special care as part of basic services. In the first part of the asylum procedure, they are usually accommodated in Traiskirchen (or other federal care centers) and (currently) represented by the legal advisors of the “BBU” (Federal Agency for Asylum), In the second part of the asylum procedure and with the allocation of basic care in a federal state, they are usually accommodated and cared for in special facilities for unaccompanied minor asylum seekers and represented legally by the child and youth welfare services of the place where they are accommodated.

The vast majority of people fleeing the war in Ukraine do not apply for asylum in Austria. They can obtain a residence permit as displaced persons—the so-called “Blue Card”—which is currently valid until March 2027. With this residence permit, they can work in Austria and receive basic benefits if they are unable to work.

In spring 2024, the EU adopted a package of new asylum laws, the EU Pact on Migration and Asylum. The laws of the EU Pact do not yet apply in Austria because they must first be transposed into national law. Austria has until June 2026 to do so.

UNHCR-Informationsmaterial zu Flucht, Asyl und mehr
UNHCR: Informationen und Unterstützung für unbegleitete Kinder im Asylverfahren in Österreich
UNHCR-Daten und Berichte: Statistiken und Informationen zur globalen Flüchtlingssituation
BMI Aktuelle Asylzahlen und Jahresberichte
Eurostat: Veröffentlichungen zu Migration und Asyl in der EU

Here you will find the FAQs in German.