Making the application
In this step, you tell the authorities that you want to apply for asylum in Austria.
This is the first step of the asylum process and gives you access to the procedure.
What happens in this step?
You tell an authority that you want to apply for asylum in Austria. This can be:
- the police,
- the BFA,
- or the residence authorities.
You have to be in Austria to apply.
You can also apply while you are in detention.
You do not need special words or a form. It is enough to clearly say that you need protection.
At this step, your application is not yet formally examined. Making the application only ensures that you are given access to the asylum procedure.
Once you have asked for asylum, you are considered an applicant for international protection.
Your rights in this step
From the moment you apply for asylum, you have important rights, such as the right to stay in Austria, to an interpreter and to free legal counselling. These are explained below.
As an applicant for international protection, in principle you have the right to stay in the country that is responsible for the examination of your application until the examination is concluded.
You can find information about the reception support and services here.
If you do not speak German, an interpreter will help you to communicate with the authorities during the registration and the lodging of your application as well as during your personal interview. The interpreter is free of charge.
The interpreter is neutral, meaning they do not favour anyone. They respect confidentiality and will not share anything you say with anyone outside of the competent authorities.
The interpreter has no influence on the decision on your application.
Please inform the authorities immediately if you do not understand the interpreter or you think that the interpreter is not neutral.
You can ask for a male or female interpreter and interviewer for your personal interview, if this helps you to fully express yourself. Depending on your reasons and if there is availability, your request will be met.
You can ask for legal counselling, free of charge, during the asylum procedure.
Legal counselling means that you can receive general explanations on:
- your rights and obligations in the asylum procedure
- the different procedures
- general legal questions regarding the asylum procedure
You can request information and legal counselling here.
A legal adviser is a person providing personal legal assistance or representation to you in dealing with the authorities. A legal adviser is independent from the authorities and defends your interests. A legal adviser can assist you with your application for international protection, with the asylum procedure, with official communication and they can stay with you during the personal interview.
It is your right to consult a legal adviser at any stage of the asylum procedure at your own expense.
Share the details of your legal adviser with the authorities so that they can keep them informed about your application.
You can contact and communicate with UNHCR or their partner organisations in any step of the asylum procedure.
UNHCR protects the interests and the rights of asylum seekers and refugees. UNHCR or their partner organisations also provide information and assistance to asylum seekers.
UNHCR contact details and information on the asylum procedure can be found here.
You can also contact any other organisation providing legal advice or other counselling to applicants.
Your duties in this step
From the moment you apply for asylum, you also have certain duties. You must follow the rules, attend your appointments and tell the truth. These are explained below.
Do not attempt to go to another EU+ country. You are only allowed to travel to another EU+ country if you are given permission to do so by the authorities.
You must attend all appointments in person whenever you are requested to do so by the authorities. You must be there on time. If you are unable to attend an appointment for a serious reason, inform the authorities immediately and explain the reason.
When requested, you must do the following:
- Provide your personal details.
- Provide identity documents. If you do not have them, explain why.
- Have your fingerprints and photograph taken.
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Lodge your application at a designated date and place.
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Attend the personal interview and respond to questions during the interview.
- Agree to be searched and to have your items searched, if the authorities request to do so. A search will only occur where necessary and justified. The authority will explain the reasons for the search. The search will be carried out by a person of the same sex as you and will be done in a way that respects your dignity.
What you say is very important for the credibility of your application. This is why you need to be honest and give full and correct information about your identity, family, country of origin, the reasons you have left your home country and why you do not want to return there.
You may not remember everything so you may not be able to answer all the questions. In this case, do not invent answers but explain that you do not remember.
The authorities are interested in your story. Others might have told you to tell another story. You know your story, please tell it correctly. Trust your memories.
The authorities must be able to reach you regarding your application for international protection.
If your address, email or telephone number change, inform the authorities immediately.
Remember, you must not leave Austria while your application is being examined.
If you are being accommodated in a centre, you should not move elsewhere without the permission of the authorities.
What happens if you do not follow your duties?
If you do not follow your duties, this can have serious consequences for your asylum procedure. Your procedure may stop, or your application may be rejected. These are explained below.
Your application will be considered withdrawn or rejected. This means that you may lose your status as an applicant for international protection and all the related rights.
This will happen if you refuse to:
- provide information when requested to do so
- have your fingerprints or photograph taken
- provide your address
- respond to questions during your personal interview.
It will also happen if you:
- do not lodge your application within the set time limit without a serious reason
- do not attend the personal interview without a serious reason
- do not report to the authorities when requested to do so
- do not remain in the place you are obliged to stay
- cannot be reached by the authorities
- leave the country.
In some circumstances, the authorities may decide to reduce or cancel some type of support or some services. The authorities will inform you about such a decision in writing after they evaluate your situation.
You can find more information here.
If you provide misleading or false information related to your identity or your application, or if you destroy or forge documents, this may have a negative impact on your application, for example as follows:
- Your application may be rejected and you may not obtain international protection.
- Your application may be examined in the asylum border procedure. (If this happens, you’ll receive specific information on the procedure).
- Your application may be accelerated. In this case, the time to examine your application will be reduced to three months. The accelerated procedure can also be applied for other specific reasons. The authorities will inform you and provide further explanations if the accelerated procedure applies to you.
International protection could also be taken away from you if the authorities find out later that you did not tell the truth during the asylum procedure.
Can you stop your asylum application?
You can also decide to withdraw your application at any time during the asylum procedure, for example, because you decided to return to your country. In this case, you will lose your status as an applicant for international protection.
At any time during the asylum procedure, you can decide to return voluntarily to:
- your country or
- a country of transit or another third country, if you have the right to do so.
If you decide to return voluntarily, your asylum procedure will be stopped and you will no longer have the right to stay in Austria.
If you wish to return voluntarily, contact the BBU GmbH or visit Return from Austria for more information. The BBU GmbH can assist you with your voluntary return and provide relevant guidance. Use this session to receive counselling and clarify what assistance you will receive for your safe and legal return.
What happens next?
After you ask for asylum, your application will be registered. In this next step, your personal data is recorded.