Your rights during the asylum procedure in Austria
During the asylum procedure, you have important rights that help ensure your application is examined fairly and that you are treated with respect.
On this page, you can learn about the main rights you have as an applicant. This includes your right to stay in the country while your case is being examined, to receive interpretation, to consult a legal adviser, and to contact organisations such as UNHCR.
These rights are designed to help you understand the procedure and to make sure you can fully participate in it.
Overview of your rights
Below you can find the most important rights you have during the asylum procedure. Click on each section to learn more about these rights and how they apply to your case.
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 and is appointed by the authority.
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.
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.
You can request a legal adviser free of charge during the appeal. This service is provided by the BBU. Learn more about it 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 or lawyer 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 the United Nations Refugee Agency (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.
What about your duties and possible consequences?
In addition to your rights, you also have certain duties during the asylum procedure.
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.
Click below to learn more about your duties during the procedure and the possible consequences if you do not follow your duties.
