legal and social conditions for asylum seekers and refugees in ...

Final rejection
Detention
When the Independent Federal Review Board confirms a decision of rejection, the asylum seeker
is informed in writing and the Aliens Police are instructed to take over the case. Detention
measures may be applied under deportation procedure (see “Detention” below).
With the exception of those who are granted temporary residence permits under Section 15 of the
Asylum Law (see “Other types of residence permit” above), rejected asylum seekers are not
entitled to any kind of residence permit. It is possible to apply for a residence permit under the
Aliens Law, but this application must be submitted from abroad.
Rejected asylum seekers who are not entitled to a residence permit but who cannot be removed
to their country of origin or any other country, remain in a very precarious situation. If federal care
is denied – as is the practice in some districts – private organisations such as Caritas Austria take
responsibility for providing material assistance.
Asylum seekers applying at the airport can be held in the airport’s transit zone whilst awaiting the
decision of the Federal Asylum Office on whether their application is admissible and not
manifestly unfounded.
In addition, asylum seekers may also be subject to detention measures during the asylum
procedure, in particular if they have entered the country illegally and/or do not have any
provisional right to stay. Such detention must not exceed a total period of six months.
Rejected asylum seekers may be arrested and held in custody to ensure deportation or forcible
return to their country, in accordance with Section 61 of the Aliens Law. The maximum period of
time allowed for such pre-deportation detention is two months. Under particular circumstances,
however, this may be extended for a further four months, i.e. for a total of six months.
Those who cannot be removed or deported are released from detention, but do not receive any
kind of residence permit (see “Final rejection” above).
Applications from abroad
According to Section 16(2-3) and 17 of the Asylum Law, applications for asylum in Austria may be
filed with an Austrian diplomatic or consular representation in the country where the applicant is
resident.
In such cases, the applicant is requested to fill in an application form and a questionnaire, which
are forwarded to the Federal Asylum Office. If the Asylum Office considers that it is likely that
asylum will be granted, the diplomatic or consular authority are requested to issue an entry visa to
the applicant without further formality. Decisions of the Federal Asylum Office are not notified in
writing to the applicant. In theory, an appeal is possible against negative decisions.
In practice, there are very few cases of applications successfully submitted from abroad.
Family Reunification
Convention refugees: according to Sections 10 of the Asylum Law, Convention status granted to
a refugee in Austria can be extended to his/her spouse and unmarried children under 19 years of
age. Extension of refugee status to a spouse is only admissible if the marriage took place, at the
latest, one year after the submission of the asylum application. Adopted and stepchildren are
treated as natural children. Reunification with unmarried partners, parents and siblings is not
possible.
16
Austria