Asylum in Austria
If you apply for Asylum in Austria you can do it in one of the three “Erstaufnahmestelle” (“EASt”, First Acceptance Centers): One is only for people arriving by plane at the airport in Vienna/Schwechat. The second one is situated in Traiskirchen in the district Baden, which is to Vienna; the third one is in Thalham, Upper Austria (nearby cities: Salzburg, Wels, Linz). If the police picks you up somewhere – before you reach one of the “East” – you can also ask for asylum at the police station. State very clearly that you are applying for asylum (“Ich möchte Asyl”) and repeat it if you are being handed over to another police officer or moved to another unit! If you apply for asylum at the police they will search your luggage (for security reasons but also to find documents and evidences about how you have come to Austria). They ask for your name, date of birth, citizenship and language; and your fingerprints will be taken. They will ask why you left your country, where you have traveled from and how you came to Austria.
After this “registration”, refugees should be taken to the “Erstaufnahmestelle”, which is a camp in Traiskirchen or Thalham.
1) “Acceptance Procedure”: If you apply for asylum the first thing that happens is that it will be checked whether you have passed any other countries of the European Union. Therefore it is very, very important that you do not carry any evidence (train tickets, money, etc.) that indicate that you have been to other countries of the European Union. If you tell them that you have been to another EU country, this will count as evidence for them to enforce dublinII as well! If your fingerprints have been taken in any other country, they will anyhow find out – but it is their job. (see also: Legal)
2) The second step – once it is clear, that you are not within the Dublin II procedure (see below) – is a long interview (up to 4 hours) where you can explain your reason for your asylum application (see below for “First Interview”)
After a few weeks up to months you will get the first decision regarding your asylum application (this first decision can be appealed by any of the organisations mentioned above – but: you need to be within the timeframe the Austrian government has set up – so make sure you never ignore any official letters and try to reach a lawyer or one of the NGOs as soon as you get the decision).
For the second level of jurisdiction you should try to have a lawyer or legal advisor. You will have another interview and the decision may take another couple of months.
Independently from the asylum decision you may get a one-year visa (which can be prolonged ever year – again it is very important not to miss the respite given!) if it is impossible to send you back to your country of origin. This visa counts at the moment, in 2011 especially for people from Afghanistan and Somalia and is called “subsidiärer Schutz”. You will be allowed to work and get access to social care.
General advices
• You have the right to have a trustworthy person with you, when you have an interview etc. – so if you have the chance, contact one of the organisations mentioned above BEFORE you apply for asylum.
• There always needs to be a Dolmetsch (translator) with you whenever you are being questioned.
• They will always ask you to sign the transcriptions/the protocols of the various interviews. These transcriptions are written in German and will be translated for you by the Dolmetsch.
IMPORTANT: If you have any doubts whether the transcription or translation is according to what you said, do not sign. You have the right to refuse them and/or you can also choose only certain pages you want to sign.
• Always ask for paper-copies – in every situation with the authorities (e.g. transcription of your interview, age check, medical check etc.)
• Try to pick up the documents that are being sent to you by post as soon as possible and contact one of the listed organisations for legal support!
Caritas Legal Info (in German, English, Russian and Arabic)