Your right to appeal a decision of the authority

If you receive a negative decision on your asylum application, you have the right to appeal.

This page explains what happens during the appeal process, what you need to do, and how the court reviews your case.

What happens in this step?

If you do not agree with the decision, you can appeal it. This means that a court will review the decision.

You can request a legal adviser free of charge during the appeal. This service is provided by the BBU. 
Learn more about it here.

You need to present your appeal within the specific period provided in the decision. You will receive more detailed information about this if you receive a negative decision.

You must submit your appeal in writing to the BFA. 

The appeal must include:

• the decision you are appealing against,
• the authority that issued the decision,
• the reasons why you believe the decision is unlawful,
• what you are requesting, and
• information showing that the appeal was submitted on time. 

You can submit the appeal in any technically possible form. You may also send it by email, unless a different electronic submission method is required. Information about technical requirements or restrictions for electronic communication is available here.

In Austria, the court responsible for reviewing asylum decisions is the Federal Administrative Court (BVwG).

If you decide to appeal, the appeal process starts as soon as the court receives your appeal.

During the appeal:

• You must follow the instructions from the court.
• The court will review all documents and information again.
• The final decision may confirm, change, or cancel the original decision.

In most cases you still have the right to stay in Austria while your appeal is being processed, as long as you follow the rules for the appeal.