Annex. Border procedures in EU+ countries

• Pages: 21-48

Border Procedures for Asylum Applications in EU+ Countries

21 | P a g e

Annex. Border procedures in EU+ countries

Austria

Competent authority: The Federal Office for Immigration and Asylum (Bundesamt

für Fremdenwesen und Asyl - BFA).

Legal grounds: AsylG 2005 (Austrian Asylum Act), §§ 31-33. Austria applies an

airport procedure for arrivals requesting international protection at the airport.29

Decision: The person applying for international protection after arriving at an

airport is transferred to an initial reception centre (EAST). The applicant may decide

to leave Austria at any time during the airport procedure.30 An initial reception

centre operates at the Vienna International Airport Schwechat (EAST Flughafen). For

other Austrian airports, the BFA must first allow entry and then present the

applicant to an Initial Reception Centre on the Austrian territory.

The applicant undergoes a screening interview that follows the general rules of the

regular asylum procedure. Interpretation is provided during the interview31 and free

legal assistance is provided during the airport procedure.

On the basis of the interview, the BFA decides if the case is to be processed under

the airport procedure or the regular procedure. If the case is processed in the airport

procedure and the BFA intends to reject the application, the intended decision of

first instance must be communicated to the UNHCR within one week. If this time

limit is not met, the applicant is allowed entry into Austria and the application is

analysed under the regular asylum procedure.

The application may only be rejected in the airport procedure on the following

grounds:

1. There is no substantial evidence that the person should be granted international

protection and:

• The applicant tried to mislead the BFA regarding identity, nationality or

authenticity of documents despite being informed about the

consequences of such an act (AsylG 2005, §33(1) Z 1, implements the

recast APD, Article 31 (8) c);

• The applicant made clearly false representations regarding the reasons

for persecution (AsylG 2005, §33(1) Z 2, implements the recast APD,

Article 31 (8c);

29 Austria, Asylum Act (Asylgesetz, 2005), as last amended by Federal Law Gazette I No. 56/2018, §§ 31-33.

30 Austria, Asylum Act (Asylgesetz, 2005), as last amended by Federal Law Gazette I No. 56/2018, §§ 31-32.

31 AIDA Austria. (2020). Country Report: Austriaね2019 Update. Edited by ECRE. Written by asylkoordination österreich.

https://www.asylumineurope.org/sites/default/files/report-download/aida_at_2019update.pdf, p. 53.

Border Procedures for Asylum Applications in EU+ Countries

22 | P a g e

• The applicant has not raised any reasons for persecution in the country

of origin; or

• The applicant comes from a safe country of origin (AsylG 2 005,

§33(1) Z 4, implements the recast APD, Article 31 (8b).

2. The application is inadmissible as the applicant can find protection in a safe third

country.32

Rejection on these grounds needs to be confirmed by UNHCR.33

Appeal: The applicant can lodge an appeal within o ne week of the BFA decision.34

Free legal assistance is provided35 and the Federal Administrative Court (BVwG)

decides within two weeks of the lodging of the appeal in the airport procedure.36

The appeal has a suspensive effect and the decision to reject the application for

asylum in the airport procedure may only be enforced after the decision has become

final.37

Detention: To implement negative decisions and secure return, rejected applicants

are placed in de facto detention at the airport in the initial reception centre. The

maximum duration for this measure is six weeks.38

Challenges: According to the Federal Office for Immigration and Asylum, special

measures relating to COVID-19 are currently the greatest challenge. In particular,

this concerns the uncertainties in air traffic and the associated planning difficulties.

In addition, contrary to previous years, applications from unaccompanied minors no

longer occur. Finally, the airport procedure requires a high degree of flexibility from

employees due to the short timeframe and working with many stakeholders (legal

advice, basic services, border police, UNHCR and interpreters).

32 Austria, Asylum Act (Asylgesetz, 2005), as last amended by Federal Law Gazette I No. 56/2018, §33(1).

33 Austria, Asylum Act (Asylgesetz, 2005), as last amended by Federal Law Gazette I No. 56/2018, §33(2).

34 Austria, Asylum Act (Asylgesetz, 2005), as last amended by Federal Law Gazette I No. 56/2018, §33(3).

35 AIDA Austria. (2020). Country Report: Austriaね2019 Update. Edited by ECRE. Written by asylkoordination österreich.

https://www.asylumineurope.org/sites/default/files/report-download/aida_at_2019update.pdf, p. 54.

36 Austria, Asylum Act (Asylgesetz, 2005), as last amended by Federal Law Gazette I No. 56/2018, §33(4).

37 Austria, Asylum Act (Asylgesetz, 2005), as last amended by Federal Law Gazette I No. 56/2018, §33(5).

38 AIDA Austria. (2020). Country Report: Austriaね2019 Update. Edited by ECRE. Written by asylkoordination österreich.

https://www.asylumineurope.org/sites/default/files/report-download/aida_at_2019update.pdf, p. 52.

D