Did you get a negative decision?

The answer is negative? You don´t get asylum.

If you think the decision of the Federal Office for Immigration and Asylum is not correct then you and your legal representative can make an appeal with the Federal Administrative Court. Your legal representative explains everything to you and helps you with that.

You must send the appeal within 4 weeks.

That’s what the Federal Administrative Court does

The Federal Administrative Court checks your case again. Maybe the Federal Administrative Court invites you for another interview. This appointment is called “hearing”. It’s similar to the interview at the Federal Office for Immigration and Asylum. The judges of the Federal Administrative Court then check your case again.
The Federal Administrative Court needs time to work. Please be patient, it may take some time.

What decision can you get?

  • The Federal Administrative Court decides that the Federal Office for Immigration and Asylum needs to much better investigate your case. You will get another answer from the Federal Office for Immigration and Asylum.
  • The Federal Administrative Court decides that the decision of the Federal Office for Immigration and Asylum was wrong. Then you will get asylum or subsidiary protection or humanitarian right to stay or right of residence for victims of trafficking.
  • The Federal Administrative Court decides that the decision of the Federal Office for Immigration and Asylum was correct. Your asylum procedure in Austria is finished.

Negative decision from the Federal Administrative Court?

Appeal

Talk to your legal representative. Sometimes an appeal with the Austrian Constitutional Court and Austrian Administrative Court makes sense. Such an appeal is complicated. A lawyer has to help you with the appeal. The lawyer must send the appeal within 6 weeks.

Voluntary return

Maybe you want to return to your home country. This is a big decision. Talk to your legal representative. You can return if your legal representative says “yes” because it is the best for you.

You can get help for your return. Organisations help you with the travel. They also help you in your home country. Here you can find the contact details of those Aid organisations and Authorities and Courts.

What is detention? What is a lenient measure?

Detention means that you are locked up. Detention is for persons who must leave Austria. Don’t be scared. Children and adolescents are rarely in detention. Are you in detention? Please contact your legal advisor or legal representative as soon as possible. You can then make an appeal.

Lenient measure means you are not in detention. Lenient measure means you have to report to the police regularly.