The Dublin Procedure in Austria
The Dublin Regulation says there is only one of these states responsible for your asylum case – the first of these states you entered.
So if you gave your fingerprints in another country or that you have been to another country although you didn’t give your fingerprints this state will be held responsible for your asylum case
If your wife’s / husband’s or your minor children’s procedure is admitted in a country before you yourself enter the territory of the Dublin Regulation, this country will be responsible for your asylum procedure too.
If you have other relatives, like your (grand)parents, grown up children or siblings in one of the mentioned states, you could try from the state where you are to reach a change of the responsibility by applying for it in the country you entered the territory first.
When you apply for asylum in Austria first of all you will be photographed and your fingerprints will be taken. The machine that takes the fingerprints is linked with a database, which is able to check if you have been to another state within the territory the Dublin Regulation is in force. So even if you use another name with this system every state is able to find out if you gave your fingerprints in another country.
Then you will shortly be questioned about the route you came to Austria and you have to sum up the reasons why you left your home country and the other European state in a few sentences. Finally you receive a green card.
If you have not been to Austria during the last six months you will get accommodation, food and a health insurance in a reception centre. These reception centres are located in Traiskirchen and Thalham. There are also other accommodations for persons in the admission procedure in Bad Kreuzen and Reichenau.
Within 20 days after you applied for asylum the Federal Asylum Office has to inform you about their intention to reject your application for the reason that another state is held responsible for your application
After that there will be another interrogation with an officer. Before you have this interrogation you have the right to talk to a legal advisor, who is employed by the Ministry of Interior and works in the Reception Centre.
After this interrogation it is very likely that you receive within a few days a decision which rejects your application for asylum. Beginning with this day you have one week to write an appeal against it.
After writing an appeal the Asylum Court (Asylgerichtshof) will make a decision about it.
If the Asylgerichtshof decides negative you have the possibility to write an appeal to the Constitutional Court, if you are violated in a right guaranteed by the constitution.
For writing an appeal to the Constitutional Court you need a lawyer.If you can’t afford it you can apply for legal aid
The Asylum Procedure in merits in Austria
After you applied in a reception centre for asylum and your procedure was admitted – which you notice by receiving your white card – your will be transferred from the reception centre to another accommodation.
When the application is admitted, the applicant will be interviewed about the merits. This interview takes place in a field office of the Federal Asylum Office.
Based on this interrogation, the application will be considered by the Federal Asylum Office as first instance. During this interrogation there will be a translator. Usually the asylum seeker is first asked for a short curriculum vitae, in some cases the way they came to Austria. He will be informed about his rights and duties in the asylum procedure. Then the asylum seeker has to reason his application for asylum as detailed as possible. The Federal Asylum Office also has to translate reports to your home country. You can comment them. If you don’t agree, you have the right to give your opinion during the interrogation orally, or (what is recommendable) ask for a two weeks period of time to present your point of view in written.
After that interrogation you receive a decision, which is - in most cases - negative. You have the right to appeal against this decision within two weeks.
As the appeal has to be written in German and ideally contains also legal considerations, it is recommendable to see a legal advisor as soon as possible. For the reason that the legal advisor does not have all these papers, it is important that you bring all your papers concerning your asylum case.
After writing an appeal your papers will be considered by the Asylum Court.
If the appeal had a high quality or the Asylum Court thinks that there are more things about the asylum case he has to question, there will be another summoning to an interrogation.
During this interrogation there are two judges, a secretary, a translator and in a few cases a representative of the Federal Asylum Office. It is also possible to present witnesses (before the trial starts, in an ideal case in your appeal) who will be questioned during the trial. You also have the right to take a legal representative of your own choice who joins the trial.
If the Asylum Court decides negative, the decision in force and you can be deported. There is an extraordinary instance - the Constitutional Court – you can write an appeal to within six weeks. A further appeal usually has no suspensive effect, which means you can be deported while your procedure is still open.
In front of the Constitutional Court you have to be represented by a lawyer. If you can’t afford a lawyer, you have the possibility to apply for legal aid. As the Constitutional Court tends to refuse these applications, it is recommended to write an additional letter, which explains shortly the reasons why the decision is incorrect. Hereby you should seek for competent help by a legal advisor.
The only reasons why you can appeal in front of the Constitutional Court would be if you are violated in a right that is guaranteed by the constitution. These rights would be mostly human rights or the right for equal treatment.
If the Constitutional Court decides negative, there is no further possibility to appeal in front of an Austrian court against the decision.