If you have only been granted subsidiary protection and no asylum, you can submit an appeal to the Supreme Administrative Court. The court will then check whether you have grounds for asylum in Austria after all. A legal adviser can provide you with information as to whether an appeal is worthwhile or not in your case. Please be sure to note the deadlines for appeal listed in the notification.

If your application for asylum is rejected by the Austria Federal Office for Immigration and Asylum (BFA), you will not be granted asylum. You can file an appeal with the Supreme Administrative Court against the rejection of your application within 14 days. The Supreme Administrative Court is the second and last instance in your asylum proceedings. A judge will examine your reasons again for fleeing your home country and then take a decision. For this, you may be asked by the court to attend an interview, a hearing, again. A legal adviser can accompany you to the hearing. You can also contact a lawyer. However, you have to pay for him or her yourself. An interpreter is also present at this hearing and you will receive a transcript. The Supreme Administrative Court has to fundamentally reach a new decision within six months. However, it does happen that proceedings take longer than six months.

The Supreme Administrative Court can decide that the BFA has to decide again on your proceedings. In this case, you will probably be invited again to an interview at the BFA and will receive a new notification. The Austrian Supreme Administrative Court can also decide that the decision by the BFA was wrong. If the Supreme Administrative Court also rejects the application, you will not be granted asylum. Your asylum proceedings in Austria are thus at an end and you are obligated to leave the country.

In some cases, it may be worthwhile submitting an appeal ("Beschwerde") to the Austrian Constitutional Court. The appeal ("Beschwerde") always has to be written by a lawyer and incurs costs. You should therefore ask a lawyer or a legal adviser about your possibilities beforehand. Your lawyer has six weeks to write the appeal.

You can also send an appeal ("Revision") to the Austrian Supreme Administrative Court within six weeks. It also has to be written by a lawyer and incurs costs. In both cases, in certain circumstances there is the possibility of "legal aid", i.e. financial assistance. Please ask a legal adviser or lawyer about your possibilities.

In some cases, it may be worthwhile applying for a residence permit. Please contact a legal adviser for this.

The timely submission of legal remedies to the highest courts does not automatically mean that deportation cannot be carried out until a decision by the VwGH or VfGH. The appeal should therefore be linked to an application for the suspensive effect to be granted. If this is subsequently awarded by the supreme courts, in any case, deportation is not possible until the highest courts have finally settled them.

Please finde more information HERE.

 

You can receive independent legal advice at Diakonie for free: https://fluechtlingsdienst.diakonie.at/beratung-wien
Consulting regarding the return to your home country is provided at the Federal Agency for Reception and Support Services