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)


http://www.caritas-wien.at/hilfe-ein...ylwerberinnen/





Legal steps during asylum procedure in Austria



The first legal step is called Acceptance procedure / “Zulassungsverfahren” (see also: Dublin II). This acceptance procedure consists mainly in finding out whether Austria is the country responsible for your asylum application. This will be done at one of the EASt, where the authorities will check your status and try to find out whether Austria is responsible for your asylum procedure. This will be done a) by asking you how you have reached Austria and b) by searching a database (Eurodac) whether you have left fingerprints in other countries.


IMPORTANT: If you tell them the countries you have travelled through in order to reach Austria or if you carry any evidence (coins, train tickets, etc.) with you, this will count as evidence for them to enforce DublinII regulation!
In case they find out that you have been somewhere else in the EU you will be sent back to the respective country (in the case of Greece you have to make an appeal with the European Court for Human Rights to stop the deportation). They will ask only a little bit about why you left your home country, but whatever you tell them will be written down and used in the whole procedure – so be clear about what you say and try to memorize it. If you are a minor they will maybe send you to doctors in order to find out your age. Try to stick to one age indication and do not change it anymore.


This acceptance procedure (“Zulassungverfahren”) can last several days up to weeks and sometimes even months. From 1st july 2011 on, you have to stay inside the first reception center for the first 5-7days! Keep this in mind when contacting friends or legal aid, it might be more difficult from within the center. After this time, if the procedure ist still running, you are not allowed to exit the district of the camp (“Gebietsbeschränkung”). You can only go to the nearby cities in exceptional cases. If you still want to leave the district and go somewhere else, be very careful, as it is reported that (civilian) police patrol the area around the camps as well as the main public traffic lines and stations. People who get caught can be fined with high monetary penalties or imprisonment.


You can move freely within the districts (for Traiskirchen: district Baden, Thalham: district Vöcklabruck). People from the city or somewhere else can come and meet you outside the camp. The town of Traiskirchen also has an Internet Cafe but it costs some money. It is generally advisable to contact one of the groups mentioned below, as the legal aid inside the camp is often not supporting asylum seekers to the full legal potential.


In these first days or weeks it is checked if Austria or another EU-country is responsible for your asylum application. If it is decided that Austria will deal with your asylum application, you will be sent to a sheltered accommodation somewhere in Austria.


You will have to wait for some time until you are being questioned for the 2nd time, this is normal. This interview will be carried out by the “Bundesasylamt” (BAA) and by a translator. You will be asked about your reasons for leaving your home country and your specific situation there. And they will try to find out whether what you say is believable. Try to be as precise as you can, try to be detailed and be coherent (do not to produce contradictions regarding what you say and said in the first questioning). If the BAA doesn’t believe you the first time, this will have negative effects on the whole process.


IMPORTANT: The translator will translate everything you said (it will be written down by the authorities) after the interview. If you have any doubts about what is written down DO NOT SIGN either the specific page or the whole interview!!


After this interview you will have to wait for weeks to months again. If you get the decision consult one of the above mentioned organisations immediately (in case you get a negative decision there is only two weeks time to appeal it). A negative decision by the BAA can be appealed within two weeks only. Afterwards another legal body (Bundesasylgerichtshof) will check your asylum application again. This also will take up to months and you will have to be very patient.


What happens if you hide?


If you hide during the process of your asylum procedure, you will have to hide for 18 months (if you hide in Austria and deposited your asylum application in Austria); if you have an open asylum procedure e.g. in Hungary and you want to start a new one in Austria, then you will have to hide for 6 months. In any case you will have to prove that you have been outside the European Union for more than 3 months (train tickets with name; residence registration or similar documents..).

Bohat Khoob