The asylum border procedure
If you arrive in Austria through an international airport and apply for asylum at the external border, a special asylum procedure may apply to you. The asylum border procedure is carried out centrally at Vienna Airport.
In this procedure, your application is checked while you stay at the place of residence assigned to you. You will not be allowed to enter Austria without permission.
The authorities will inform you if your case is examined in the asylum border procedure.
On this page, you will find important information about what this means for you, how long the procedure takes, and what your rights and duties are.
What is the asylum border procedure?
Asylum border procedure means that during the examination of your application:
- you must stay at the place of residence assigned to you, and
- you will not be allowed to enter the territory of Austria without permission.
If you arrived with your family, you may be accommodated together with your close family members (spouse, partner, minor children and adult dependent children).
The asylum border procedure may be applied in one of the following circumstances:
- you arrived irregularly and asked for international protection at a border crossing point or in a transit zone
- you irregularly crossed the border
- you were relocated here from another EU+ country.
The asylum border procedure is applied for several reasons, for example, if:
- you intentionally presented false information or documents, or you withheld relevant information or documents regarding your identity or nationality, or you destroyed an identity or travel document; or
- you pose a security risk; or
- people from your country who apply for international protection are usually not at risk of persecution or serious harm.
You can ask the authorities why the asylum border procedure was applied in your case.
How long will it take?
The asylum border procedure takes up to 12 weeks from the day your application is registered.
If you are transferred to another EU+ country, the procedure may take up to 16 weeks.
If you do not receive a decision within this period, you will be allowed to enter the territory of the country where your application is being examined.
In exceptional cases, you may still not be allowed to enter the territory and move freely, even though you did not receive a decision within 12 or 16 weeks. The authorities will inform you and provide further explanations if this exception applies to you.
When and where will the registration and lodging of your application take place?
Once you have asked the authorities for international protection, your application will be registered and lodged on the same day and at the same place. It will be registered and lodged by the police on behalf of the BFA.
It is very important that you complete the lodging of your application. If you fail to complete the lodging, your application will be considered withdrawn, unless the reason for this failure is beyond your control. This means that you will lose your status as an applicant, your right to support and services and the right to stay in this country, at a designated place at the border.
Where will you stay?
The BFA has decided that your application for international protection will be examined in the asylum border procedure.
During the asylum border procedure you must stay at the place of residence assigned to you.
You must follow the rules of that place and your presence in that specific place is checked regularly.
The authorities must communicate to you the decision for you to stay at the place of residence assigned to you in writing in a language you understand. They must inform you about your rights, obligations and the negative consequences if you do not respect the decision.
You can appeal the decision to stay at the place of residence assigned to you. However, you can only do so at the end of the procedure together with the final decision in your case.
Attention
If you do not respect the obligation to stay at the place of residence assigned to you and the restrictions imposed, and the authorities fear you may run away again:
- you may be detained
- your asylum procedure will be stopped and 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.
How can you appeal the decision?
If you do not agree with the decision, you can appeal it. This means that a court will review the decision. You can ask for a legal adviser free of charge to help you appeal.
During the appeal procedure, you may remain at the place of residence assigned to you. You will not be allowed to enter the territory of Austria.
You need to present your appeal within a specific time period provided in the decision. You will receive more detailed information about this if you receive a negative decision.
If you do not have the right to remain for other reasons, you will have to leave Austria by the date indicated. If you do not leave voluntarily, you may be forced to return.
Your rights and duties in this procedure
In the asylum border procedure, you generally have the same rights and duties as other asylum applicants. The same consequences may also apply. You can find more information here.
However, there are some specific rules in the asylum border procedure. These rules are explained below.
As an applicant for international protection, in principle you have the right to:
- remain in the country responsible for the examination of your application, at a designated place at the border, until the examination is concluded, and
- to receive reception support and services.
You can find information about the reception support and services you will receive here.
Do not attempt to go to another EU+ country.
Do not leave the specific place where you were told to reside.
You are only allowed to travel to another EU+ country if you are given permission to do so by the authorities.
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. Your application may be rejected and you may not obtain international protection.
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.
What happens if you are allowed to enter the territory?
If you do not receive a decision within 12 weeks (or within 16 weeks if you are transferred to another EU+ country), you will be allowed to enter Austria. Your asylum application will then continue to be examined while you stay in the country. The authorities will inform you which procedure applies to your case after the asylum border procedure has ended.