Information about Austria

Relocation is a EU solidarity programme that involves relocating individuals in need of protection from a member state of the European Union to another EU member state. The programme aims to relieve pressure on individual member states, particularly those located at the external borders of the EU. The basis for relocation programmes are joint decisions of European Union member states.

Which current relocation programmes exist in the EU?

Because of the increase in the immigration of people seeking protection within the European Union, in 2015 two new relocation programmes were agreed upon. In May 2015 a relocation programme for 40,000 individuals from Italy and Greece was passed by the European Union. This was followed by a further relocation programme for 120,000 people seeking protection in September 2015. Under these resolutions, a total of 160,000 individuals from Greece, Italy, and Hungary are to be admitted by various EU countries within 2 years. Following the resolutions, Hungary refused to participate in the relocation programme so the relocations only come from Italy and Greece.

Legal requirements for relocation

What is the legal basis of the current relocation program?

The legal basis are the decisions of the EU Commission for the redistribution of refugees in “countries of arrival” (Italy and Greece) to other member states and the decisions of the responsible ministry of the (target) member state (see below). Persons that enter Austria via a relocation program are legally treated as asylum seekers.

How does it work?

How does the current relocation programme work?

The selection of protection-seeking individuals in the currently ongoing relocation programme is based on proposals by national offices in Italy and Greece, with the support of staff of the EUROPEAN ASYLUM SUPPORT OFFICE/ EASO (link: https://www.easo.europa.eu/). The Austrian ministry of the interior grants approval for admission in Austria in a next step. Relocation involves individuals who have already applied for asylum in Greece or Italy and among whom a high protection rate of at least 75% is expected. People seeking protection who have already applied for asylum in another European country are not considered for the relocation programme by the national offices.

As a person admitted to Austria via relocation you must complete the full asylum procedure after arrival in Austria. You get first of all registered in Traiskirchen at the national reception centre and then you get allocated to one of the nine federal states of Austria. After your registration, the process is the same as for all asylum seekers including an application for asylum and later an interview.

While you are still in the transit country/Before arriving in Austria

Who is responsible for me on site?

• National asylum authorities
• European Asylum Support Office
• International Organisation for Migration

What are the steps if I get selected for relocation to Austria?

• The National asylum authorities [link] in Greece and Italy can select you as a candidate for relocation with the support of the European Asylum Support Office. It then proposes you to the Austrian ministry of the interior. As soon as it grants approval for admission in Austria, IOM is involved. If you choose to accept the decision for relocation to Austria, IOM will have you on your list with the beneficiaries that have been selected for relocation.
• IOM then starts implementing important pre-departure activities to ensure you are well informed about the process and can travel in safety and dignity.
• A pre-departure health assessment and a fit-to-travel check before departure ensure that your health needs are assessed. Relevant information is shared with the Member State of Relocation, public health concerns are addressed and you will travel in safety and dignity.
• IOM also provides pre-departure orientation sessions for you, sharing key information about Austria and the relocation programme. This is a valuable opportunity to give basic information on the country you will be relocated to, manage expectations and inform you of initial post arrival reception and early integration assistance.
• Regarding the journey itself, IOM manages the movements, conducts a pre-departure embarkation session during which you are informed about the practical details of the travel, provides medical or operational escorts on the flight if necessary, supports groups in transit where needed and welcomes and receives you upon arrival at the airport.

How long does it take to get relocated?

If it is decided that you are eligible for relocation, the transfer should be completed as quickly as possible, it will take 2 months approximately.

When you move to Austria

What will happen when I arrive in Austria?

• First placement

After your arrival in Austria you will come to the initial reception center in Traiskirchen, a place near Vienna, the capital of Austria. There, after a first interview, you will be granted refugee status. This entitles you to a stay of three years in Austria. Your data will be recorded and a picture of you and your family will be taken. In addition, medical examinations are carried out.

• Documents

In your first week in Traiskirchen you will receive your card for people entitled to asylum. This will be your identity document.

Please pay close attention to the spelling of your name when your personal data are collected in the first interview at the initial reception center in Traiskirchen. The spelling will determine how your name will be written in the future in Austria: on your card for people entitled to asylum, on your convention passport, etc., it will be written exactly as it is recorded in this interview.

• Long term perspective

After three years the Austrian authorities will check whether the reason on which you have been granted asylum continues to apply. If the security situation continues to be problematic, you will receive a permanent residence permit after three years. However, if the security situation in your country of origin has changed to the better, your refugee status will end, you will not receive any further residence permit and you will have to leave Austria.

• Housing

You will spend your first weeks in Austria in a temporary shelter together with other refugees. After the first administrative steps you will be assigned your own apartment. In some cases this too will be a transitional living in the assigned federal state. You will be brought there and will get to know your counselor.

What social welfare services are available for me?

The amount of state support a refugee receives in Austria depends on the one hand on his or her asylum status and on the other hand on the federal state in which he or she lives and seeks assistance in.

• Asylum seekers

From the time of your asylum application until the finalization of the asylum procedure you are an asylum seeker. During the asylum procedure, the asylum seeker has a temporary right of residence and a right to primary care. Asylum seekers are assigned to a federal state and are bound to it during the asylum procedure. They do not have access to the labour market with a few exceptions, such as self-employment under certain conditions or access to specific branches with a high number of job openings.

• Persons with subsidiary protection status basically enjoy full access to social benefits like means tested minimum income. In some federal states however, they cannot get any means tested minimum income (Burgenland, Lower Austria, Salzburg, Styria). In Vorarlberg they can only get it if they keep to the Integration Agreement.
• Recognised refugees, convention refugees and those who are entitled to political asylum have completed an asylum procedure and have been recognised under the Geneva Refugee Convention. They have full access to the labour market and to social benefits equal to that of Austrian citizens like demand oriented minimum income, family allowance and so on.

What can I do if I don`t find a job immediately after getting access to the job market?

Especially in the early days, many have difficulties finding a job, since they need to learn German first. During this time, recognised refugees (if they are in need of help) receive means tested minimum income. 4 months after a positive asylum decision, asylum seekers no longer receive primary care [link] and must apply for means tested minimum income. This lasts up to 8 weeks, during this time they don’t receive any money. The means tested minimum income for asylum seekers in Vorarlberg is linked to an integration agreement.

Family reunification

Can I bring my family to Autria?

In terms of numbers, family migration is the largest form of immigration to Austria (only 2014 – 2016 the figures of Asylum applications in Austria have been higher than family reunification).

Family members in the context of the settlement and residence act are spouses (as well as registered partners) and unmarried minors including adoptive and step children. Spouses and registered partners must be 21 years of age or older when applying. This requirement applies to both spouses.

Actually, the system of Austrian law regarding family reunification is quite complicated. There are different rules for persons with granted protection, family members of Union citizens,[1] Austrians[2] and family members of Third Country Nationals [link to Glossary].

• Asylum seekers

As an asylum seeker you cannot bring your family to Austria.

• Persons with granted protection in the first three months

If you have asylum status in Austria (granted protection) you can bring your family to Austria. From the moment you received asylum status, the family should apply within 3 months. Your family needs to submit the application for family reunification at the Austrian embassy of the country your family is staying. It is easy to bring your family in the first three months of positive asylum. After three months you need to fulfill certain requirements such as income and adequate housing. The Austrian Red Cross informs about family reunification in different languages.

• Persons with granted protection after the first three months and other third country nationals

The possibilities for family reunification differ according to which residence permit you have in Austria.

As a third country national your family members are granted a residence permit “Red White Red Card plus” if they meet the general prerequisites for obtaining residence permits. The “Red-White-Red Card plus” grants its holders free access to the labour market.[3]

As a rule, they need to file their application at an Austrian Embassy in their country of origin (in the country where they currently reside). Exceptionally, they are able to lodge the application in Austria, if – depending on their citizenship – they can enter Austria without the requirement of a visa.

The following general requirements must be met in order that a residence permit can be granted:

• Sufficient means of subsistence:[4] You must have a fixed and regular income enabling you to meet your livelihood without resorting to social assistance. The income needs to be equal to or exceed the minimum pension rate. In 2017, this standard income rate amounted to EUR 909,42 for singles, EUR 1.363,52 for married couples (also for registered partners) and an additional EUR 140,32 for each child. Parts of the running expenses (especially rent) are added to this required amount.
• Health insurance:[5] You must have health insurance coverage, providing benefits in Austria and covering all risks.
• Adequate accommodation according to local standards:[6] You must provide evidence of a legal title to an accommodation considered adequate to your family size according to local standards.
• Valid travel document.[7]
• Free Space in the relevant quota (there is quota for family members in each province of Austria).
• Your family members have to provide evidence of German language skills on A1 level according to the Common European Framework of Reference for Languages,[8] when first applying for a residence permit.[9] Furthermore, they are obliged to sign a so called “module 1” of the „Integration agreement“: Module 1 is intended to provide German language skills for in-depth basic language use (i.e. language skills at A2 level according to the Common European Framework of Reference for Languages). If your family members do not pass a written exam, it is not possible to renew the residence permit after two years of residence.
• Authorities have to check whether or not your family members are considered as a threat to public policy, public security or public health.[10]

[1] Art 51 and 54 residence and settlement act.

[2] Art 47 residence and settlement act.

[3] Art 17 Act Governing the Employment of Foreign Nationals.

[4] Art 11 Para 2 N° 4 and Para 5 residence and settlement act.

[5] Art 11 Para 2 N° 3 residence and settlement act.

[6] Art 11 Para 2 N° 2 residence and settlement act.

[7] Art 20 Para 1 and Art 2 Para 1 N° 2 and 3 residence and settlement act.

[8] Council of Europe, Common European Framework of Reference for Languages (2011).

[9] Art 21a residence and settlement act.

[10] Art 11 Para 4 residence and settlement act.

What are special provisions for women and girls?

Women and girls – refugees, especially if they are alone, face more risks. That is why they have the right to have their specific needs addressed when they are asylum seekers as well as when they are granted international protection.

Women and girls are considered in greater risk of various forms of violence just because they are females. This include:

• physical and sexual violence against women,
• domestic violence,
• forced marriage,
• “honour” crimes,
• trafficking for prostitution or forced labour, and
• other forms of persecution and violence.

These should be considered as reasons for granting international protection to women and girls in Austria.

Special provisions in reception for women and girls

Women and girls have the right to submit an individual asylum application when family members accompany them. This means that their request will be treated and examined separately of request of family members accompanying them. They are entitled to be interviewed by female staff when their asylum request is examined. They should also be provided with women interpreters; however, in Austria this is not always possible because of the lack of qualified interpreters for many languages of refugees, other than European.

In reception centres women and girls are accommodated separately from men and boys, except when they want to be accommodated with their families. Private bathing and sanitation facilities should be provided for women and girls in reception centres.

Girls and women’s rights and protection:

• Girls have the right to education, according to their wishes and circumstances. Elementary education is obligatory and girls are enrolled in schools regardless of their status. They can also choose to go to secondary school both as asylum seekers and as refugees. Women refugees can also enrol to universities. However, if you want to study as an asylum seeker, there are certain criteria to fulfil. For more information, see chapter Education (link to chapter).
• Women and girls have health care rights depending on their status. Usually they all have health care services regarding their reproductive health (women health) available. You can get a yearly preventive check-up for cervical and breast cancer at the gynecologist (in German: Frauenarzt/Frauenärztin). The gynecologist is the adequate consultant for any health issue related to sexual evolvement, birth control, pregnancy and other similar matters. There are male and female gynecologists. As there might occur long waiting times for an appointment at a gynecologist contractually partnered with your health insurance you should try to organize that in time.

Pregnancy and birth:

When you are pregnant you are expected to visit and consult a gynecologist or adequate medical professional to take care of your and the child´s healthy development and wellbeing. The time span for basic medical healthcare of mother and child includes pregnancy up to the child´s age of five years. Be aware, that the health insurance organization only covers the costs of the childbirth, if you have entered Austria at least 8 weeks before the expected date of birth. Otherwise it is possible that you have to bear the costs of the birth by yourself.  . For more information, see chapter Health.

• If a woman or a girl is a victim of domestic violence (violence committed by the member of her family) she can ask for special protection. She has the right to be separated from perpetrator and protected by the police if necessary. If she wishes, she can go to special shelter for women and children – victims of violence. The locations safe and is kept a secret from those who may hurt her. She is entitled to medical and psychological help. For more information, see chapter Protection against violence (link to chapter).
• If a woman or a girl – victim of domestic violence is asylum seeker, her application will be examined separately if she wants to. If she is already granted asylum or she has temporary residence, she can get renewal of the residency independently of family member (husband or partner). This applies also to women and girls who got their temporary residence as a result of family unification.
• If a woman or a girl is a victim of trafficking in human beings, which means she is exploited, by tricking or forcing, for prostitution, forced labour or other activities she does not want to be involved in, she can ask for a special protection. Whether she is asylum seeker, refugee or has residence, as soon as she is recognized as victim of trafficking she must be provided protection, with a safe place to be accommodated, medical, psychological and legal help. She will also be informed and counselled on her rights regarding temporary residence, legal prosecution of perpetrators and other rights that constitute the assistance and protection program for victims of trafficking. In Austria, the intervention center for woman affected by human trafficking (LEFÖ-IB) is in charge of protection and helping female victims of trafficking. If you are a victim of trafficking you are not considered responsible for the things you were forced to do. For more information, see chapter Protection against violence.

What are special conditions, rights, services & support for children?

According to the Austrian law, a person who has not ended his or her 18. birthday is a person of minor age (is underaged). This does not mean that the person is a child until this age. The age limit of which a person is considered a child various form province to province: in Styra (Steiermark), Corinthia (Kärnten), Tyrol (Tirol) and Vorarlberg persons are children until they reached the end of their 14 year; from the end of 14 to the end of year 18 the person is a teenager. In Salzburg the age limit for being a child is with the end of year 12; from then onwards until 18 he or she is a teenager. The provinces Vienna, Lower Austria (Niederösterreich) and Burgenland do not differ between child and teenager but state that all until the age of 18 are “young persons”. The following information takes account to persons who are underaged, meaning all until 18 years old.

Children/teenagers/young persons are recognized as vulnerable groups and have the right to be specially protected, even when adult relatives accompany them.

Legal guardian files the application for international protection in the name of a child. This is usually the parent or other person who has the legal responsibility for the child. The asylum application of the child is included in the application of child’s parent(s) or legal guardian.

Children who are asylum seekers should not be separated from accompanying parents or relatives. The exception is when there are reasons to suspect that staying with parents or relatives may harm or endanger the child.

In such cases, officials in the asylum center should inform specialised child protection services, which will take actions to place the child in safe accommodation. Children who are staying with family members have the right to be accommodated separately from other adult asylum seekers.

All children until 18 years, including asylum seekers, those granted international protection and temporary residence, have the right to health care under the same conditions as Austrian citizens. For more information, see chapter Health.

Children under international protection or with temporary residence permit can go to kindergartens close to the place they live. Preschool children who are placed in an asylum center (asylum seekers) cannot go to kindergarten. Usually, basic childcare is organised by NGO (non-governmental organizations) who work in the asylum center.

All children have the right to education. Children – asylum seekers – should be enrolled in school as soon as possible. If the child does not speak the German language, he or she is entitled to preparatory language classes as well as extra support in language and other school subjects. In some elementary schools in Austria, from first to the third year of elementary school pupils aren´t evaluated along grades (1-5) but get verbal information about their progress in school. If evaluation of school progress is given in numerical grades or in verbal information is decided at individual school level, so it can differ from place to place.

Generally one year of kindergarten and nine years of school (elementary and secondary school) are obligatory. The child who already started schooling in other country will be tested before continuing school in Austria. This means that sometimes the child will be enrolled in a grade below its age if the school finds it is necessary. For more information, see chapter Education.

What are special conditions, rights, services & support for unaccompanied children?

If you are less than 18 years old and there is no adult person with you who is your family, relative or legally responsible for you, you are considered an unaccompanied child. Unaccompanied children are considered as vulnerable group and have the right to be specially protected.

If you are an unaccompanied child, you will be accommodated separately from other adult asylum seekers – usually in a student house or in an asylum center. You will get a guardian who takes responsibility for you and has the mandate to make important decisions in your best interest.

However, you should be informed and the guardian should talk to you about every decision about you. Your guardian has to give you information on your rights, services that are available to you and opportunities you have.

You have the right to be re-united with your family, whether your family is in your country of origin or in some other country, but there are some conditions you have to meet. The procedure is quite complicated and it can last for a long time, but some organisations can help you; your guardian will give you advice how to proceed. You have the right to be in contact with your family.

If you decide to apply for asylum, your application has priority in decision-making. Your legal representative and your guardian have the obligation to prepare you for the interviews regarding your asylum application.

As an unaccompanied child (person under 18 years), you have the right of health care the same as Austrian nationals. For more information, see chapter Health.

You also have the right to go to school, in accordance with your age and interests. To decide which school grade you will start with, your previous education will be assessed. The additional classes and support in learning the German language will be provided to you. For more information, see chapter Education.

As long as you are in Austria, you are entitled to have psychological help, support and guidance if you need it. Your guardian has the obligation to connect you with professionals and organizations who are helping young refugees.

Children and young persons who are separated from their family or travel without adult family members are considered particularly in danger to become victims of trafficking in human beings. That includes smuggling and exploiting children and youths, by force or by blackmail, for force labour, prostitution, begging or some other criminal activities. The police officers you get in contact with, social workers, your guardian and some organizations can help you with providing protection and support if you feel a victim. You can be accommodated at secret location so other people don’t know where you are and cannot find you.

What are special conditions, rights, services & support for families?

For many people fleeing her family is an important support, it gives security and stability. Studies show that people integrate more easily if they are not constantly worried about those who are left behind.In Austria asylum seeking families are usually accommodated together in an asylum center.

If several family members make an asylum application, it will be examined together. Each member of the family receives its own decision.

If the conditions for granting international protection exist for a family member, the other family members receive the same protection status.

Familyreunion

If you are granted asylum in Austria you have the right to bring a few members of your family. These are your husband or wife and children if they are under 18 years old. If the children are older than 18 years or married, they cannot be repatriated to Austria. The application should be made within three months of granting asylum, otherwise stricter provisions apply (housing, income and health insurance must be proven).

To whom does the scheme of familyreunion not apply in Austria?

• Children over 18 years
• Parents of children who are older than 18 years
• grandparents
• Uncles, aunts, cousins and other family members

In Austria for the reunification scheme the term “family” is defined rather strict: A family that could/should be reunited are mother, father and children younger than 18 years according to this definition. To prove the kinship DNA tests can be required by the authorities to be paid for the time being, in the case of a positive result, the costs will be refunded. The marriage must have existed before entry into Austria and be proven with documents, traditional marriages are often not recognized. For multiple marriages, only one spouse may follow suit. Travel costs must be paid by yourself.

Family members of beneficiaries of subsidiary protection can bring a visa application to the Austrian Representation Authority three years after the final granting of the status of subsidiary protection at the earliest. In addition, they must prove housing, income and health insurance.

Information and help with family reunions for asylum seekers and beneficiaries of subsidiary protection are available at the Red Cross: https://www.roteskreuz.at/migration-suchdienst/suchdienst/familie-zusammenfuehrung/

Make an appointment: https://www.roteskreuz.at/service/kontakt/suchdienst/

What are special conditions, rights, services & support for persons with disabilities?

Persons with disabilities are those with long-term physical, mental, intellectual or sensory impairments. This includes wheelchair users and people with other mobility impairments, blind and deaf people, people with mental health issues – or ‘psychosocial disabilities’ – and people with intellectual disabilities.

Reception conditions and asylum procedure for persons with disability

Persons with disabilities are considered particularly vulnerable and have the right on protection and treatment appropriate for their condition. This means that they have the right to be accommodated, while they are asylum seekers, separately from other adult asylum seekers in reception centres. Safety of persons with disability is of particular concern.

In some cases, disability – usually issues of psychological health and intellectual disabilities, can prevent the person to make decisions which are in her/his own best interest. In such cases it is possible by the law for person’s legal capacity to be restricted. This means that the person is not completely independent to make legally bounding decisions. Such person must have legal guardian who supports and assists in decision making in the best interest of the person with disability. This includes decision regarding applying for asylum. Legal guardian should participate in each stage of the asylum decision process but he/she can not act instead of the asylum seeker with disability.

• Protection of rights of Persons with Disability

As restriction of legal capacity is very delicate issue, if you are a person with disability or you know a person with disability who might need assistance in participating in legal matters, it is advisable to ask for legal help.  The “Sozialministeriumsservice”, a service by the social ministry and the Ombud for people with disabilities are the central contact point for all questions related to discrimination on grounds of disability. Also, there is a number of associations of persons with disabilities and other non-governmental organizations which can offer advise and assistance like Caritas, Diakonie and Lebenshilfe.

• Right to health care

If you are a person with disability you have the right on health care appropriate for your condition, whether you are asylum seeker or granted international protection in Austria.

• Right to education

You have the right on education, depending on your status and age, same as asylum seekers or persons granted asylum without disability. This means that, as asylum seeker, children with disability have the right on elementary and secondary education. Persons with disability who are granted international protection have the same rights on education as Austrian nationals. Elementary school (link to education) is mandatory in Austria for all children between the ages of six and fifteen, including for children with disabilities (link to education). Children and youth with disability have the right to go to secondary school and university, if they want to. Throughout education, children and youth with disability in Austria are entitled to have assistance in order to attend school and learn.

• Right to work

Persons with disability have the right to work in Austria, including persons granted international protection. If you are a person with disability granted international protection in Austria, it is advisable to inquire about employment measures for persons with disability. This information can be obtained from Public Employment Service AMS (link to Employment) or from associations of persons with disabilities.

• Protection against discrimination

Discrimination of persons with disability is forbidden in Austria. If a person with disability experiences discrimination – that he or she is treated differently from persons without disability, he/she has the right to be protected. In such case, you can ask advice of file a complaint to the Office of the Ombudsperson for Persons with Disability (link to Protection against discrimination) or contact association of persons with disability nearest to you. Bear in mind, however, that there are usually no interpreters for your language in institutions and organizations which are not specialized in helping foreigners. You might need to ask someone who speaks German and your language to help you.

What can I do if I am a victim of trafficking in human beings?

What is trafficking in human beings?

Victims of trafficking in human beings are persons who are controlled by other persons, to be exploited for things they would not choose to do on their own or to work without payment.

Victims can be recruited and sometimes sold by acquaintances, relatives or criminal gangs, often with promises of well-paid jobs. They are usually transported from one country to another or from the remote rural areas to cities. Victims are manipulated, forced, blackmailed or tricked by traffickers, their documents and financial means are usually taken away as to make them completely dependent on the traffickers. Victims are often physically, sexually and psychologically abused; this sometimes includes keeping them under control by using drugs.

Traffickers exploit victims or transfer them to others for purpose of forced labour, prostitution, criminal activities or other things victims would not normally choose to do.

Who is in risk?

Women and children, particularly unaccompanied children, are in greatest risk to become victims of trafficking. However, men can also become victims, usually to be exploited for forced labour.

Person can become victim of trafficking in country of origin, during the journey and even in destination country. That is why it is necessary to be very careful when someone offers help in transportation, crossing the borders and makes promises of good jobs. Caution is necessary even if this person is someone familiar, including relatives as in the most cases persons have been trafficked by someone familiar.

What are the reception conditions and how is the asylum procedure for victims of trafficking?

Victims of trafficking are considered particularly vulnerable in asylum procedure. They have the right on special protection and assistance from the moment they are identified as victims of trafficking.

In Austria there is a Task Force for Combating Trafficking in Human Beings. Main actors in the Task Force are the Federal Ministries, relevant government departments, the Federal states, social welfare centres and civil society organizations, who work together in the whole Austrian territory.

Victims of trafficking will be placed in safe accommodation and provided medical, psychological, social and legal assistance, as soon as possible after being identified. Persons who can help in initiating protection program are police officers, reception centre staff, international organizations, like UNHCR, Red Cross, UNICEF or other civil society organizations working in the reception centres or in the field. The intervention center for woman affected by human trafficking (LEFÖ-IB) is in charge of protection and helping female victims of trafficking. The men health center with the  MEN VIA program in charge of protection and helping male victims of trafficking

Protection program for victims of trafficking

Victims of trafficking who are foreigners have the right to stay in safe accommodation in Austria and within 60 days they should decide if they want to accept offered program of protection.

The person cannot be expelled from the country during this period. Participation in protection program is voluntary. The victim will be informed about the program, help and assistance available and conditions he/she needs to comply with in the language he/she understands. No decisions should be made without the victim’s consent.

If the victim of trafficking accepts to be included in protection program, he/she has the right on temporary residence for one year, with the possibility of extension.

The victim of trafficking has the right on assistance and support regardless if she/he cooperates with the police and judiciary system. Identity and personal data of the victim are protected as confidential and are not made public. Victims of trafficking should not be prosecuted or penalised for activities they were forced to do by their traffickers.

If the victim of trafficking is a child additional protection measures will be put in place. A legal guardian will be appointed with parental responsibilities. The legal guardian has the obligation to secure all decisions are made in the best interest of the child; he/she is also obligated to inform and consult the child’s wishes in all matters.

The victim of trafficking has the right to apply for international protection. He or she will not be returned to the country where there is a risk of death, torture or other inhuman or degrading treatment or punishment.

When the victim is to be returned to the country of origin or some other country, the safety of the return hast to be ensured.

What kind of help can I get if I am a torture survivor?

What is torture?

Torture is prohibited and considered as major violation of human rights. Torture is intentional infliction of physical or mental pain, carried out by state or government official for a specific purpose.

Physical torture can take the form of severe beating, electric shocks, burns, mutilation, rape and sexual assault, suffocation. The most common methods of psychological torture include humiliation, isolation, mock executions or amputations, threats and being subject to viewing the torture of others.

The perpetrators of torture, in most instances, are members of the police, prison guards, military forces or government officials. In some instances, the perpetrators of torture can be health professionals including doctors or nurses, or co-detainees, acting with approval or on the orders of a public official.

Reception conditions and asylum procedure for victims of torture

Torture survivors are considered as vulnerable and have to be protected and their needs addressed. Surviving torture is considered as reason for granting international protection. Therefore the application for asylum shall not be dismissed if it is highly probable that the applicant has suffered from torture or other serious forms of physical, psychological or sexual violence. To apply for asylum you have to articulate your application for asylum vis-à-vis a policeman/-woman IN Austria, your personal data will be registered (incl fingerprints, fotos etc) and a first interview is conducted by the police. Only after this first general interview your application is regarded as submitted.  The “Bundesamt für Asylwesen/BFA” (Federal Office for Refugees) then decides to which of the places for asylum seekers you will be transferred for food and accommodation within the basic care programme. During this first phase of the proceeding the BFA investigates if Austria or another European country is the competent authority for the asylum procedure (according to Dublin directive). If Austria is not deemed to be the competent country, asylum seekers are either transferred to the “EU first entrance country or the country of origin”. If Austria is the competent country for your asylum procedure, the BFA examines the reason for fleeing by doing interviews and its own investigations (second phase of proceeding). At the end of this phase BFA decides if international protection or subsidiary protection in Austria will be granted. Be aware that already in the beginning until the end of the asylum procedure you have the right to get legal advice and legal aid (either by your or BFA´s appointment).

In practice, it is only possible to enter Austria as an EU first entry country if you come by plane this is why at the airport border procedures are foreseen. But it is not likely that applications of vulnerable asylum seekers like victims of torture or violence or unaccompanied children are processed in the airport procedure, although accelerated procedures for public security reasons may be conducted.

For more information see:

https://www.caritas.at/hilfe-beratung/migrantinnen-fluechtlinge/faqs-zum-thema-flucht-und-asyl/faqs-refugees-and-asylum/

Legal advice:

https://www.volkshilfe-ooe.at/en/adults/advice/refugees/legal-advice/

http://www.arge-rechtsberatung.at/

Torture survivors have the right on appropriate reception conditions. This means that they should be provided with medical and psychological rehabilitation services and legal aid, according to the individual needs. Usually, in Austria, such help to torture survivors is provided by specialized non-governmental organizations like Hemayat.

In some cases, if a person is identified as a torture survivor, medical and psychological report can be added in support to asylum application. These reports are documents which provide evidence of the effects of torture on psychical and psychological health of the survivor. They are written by experts, usually psychologist, psychiatrists and medical doctors. Asylum seekers informed consent is necessary for writing and submitting this report.

What are special conditions, rights, services & support for LGBTIQ?

LGBTIQ stands for lesbian, gay, bisexual, transgender, intersex and queer persons.

Reception conditions and asylum procedure for LGBTIQ persons:

LGBTIQ persons may have special reception needs and/or grounds for international protection. International law stipulates special guarantees regarding reception conditions and asylum procedures on the ground of persons´ sexual orientation.  In Austrian practice, however, these guarantees often are not fully implemented.

Protection against discrimination

Discrimination on the basis of sexual orientation is forbidden by law in Austria. If you are LGBTIQ person – asylum seeker and/or you are granted international protection in Austria, you might consider asking support of LGBTIQ organizations:

https://www.gayinvienna.com/location/queer-base-lgbtiq-refugees

https://queerbase.at/

Some of them offer legal as well as psychological counselling and offer information in different languages. Bear in mind that it might take time to find qualified interpreter for your language, in some rare cases it might not be available at all.

What is international protection?

International protection is recognized to persons who are obliged to flee from their countries of origin because of to well-founded fear of being persecuted or of undergoing serious damage.

What types of international protection are there?

There are three types of protection: status of refugee, subsidiary protection and humanitarian protection.

• The status of refugee in Austria is defined according to the Geneva Convention (1951):

“A refugee is someone who has been forced to flee his or her country because of persecution, war, or violence. A refugee has a well-founded fear of persecution for reasons of race, religion, nationality, political opinion or membership in a particular social group. Most likely, they cannot return home or are afraid to do so. War and ethnic, tribal and religious violence are leading causes of refugees fleeing their countries.” (UN)

• Subsidiary protection is recognised to third country nationals or stateless persons who do not qualify as refugees but who have well-founded reasons to believe that they would run the actual risk of undergoing serious damage (death, torture, inhuman treatment).
• Humanitarian protection: If the person is not eligible for international protection, the General Agency for Immigration and Asylum (BFA: Bundesamt für Fremdenwesen und Asyl) can grant the asylum seeker a permit for humanitarian reasons whenever there are “serious justifications of a humanitarian nature”.

As an asylum seeker you can apply for international protection in Austria even if you have entered Austria illegally and are without documents. As an applicant you will have to justify the circumstances of persecution or serious harm that have motivated the flight.

How can I apply for asylum in Austria?

The procedure for international protection

1. Asylum application

When you come to Austria as a refugee, you have to apply for asylum. Therefore you can adress any police officer or any police department in Austria. Legal advisers and interpreters will help you in the asylum procedure.

2. Verification of Austrian responsibility

The authority in charge will examine whether Austria or another country is competent for your asylum application. You have to actively participate in this process. You must provide all of your information to the authority in charge. For example, your name and date of birth. It is important that you tell the truth! You will not obtain asylum in Austria, if you have already been in another safe country.

3. Asylum procedure

If Austria is the competent country for your asylum procedure, the authority in charge will examine your application for asylum. You will not obtain asylum in Austria, if you have left your country of origin for economic reasons. For example, because you did not have enough money in your country of origin. Show the authority in charge all the documents you have. The authority in charge must be able to reach you in the course of the asylum procedure. You must come to the appointments on time. You must remain in Austrian during your asylum procedure.

Currently, there are a lot of asylum procedures to be processed. The procedure has an average duration of 7 months (2018) but can last up to 15 months. While waiting for your decision, you will be in basic care (Grundversorgung). The government provides you with adequate housing, food, health care, public education for children and a pocket money of 40 € per month. If you receive a positive decision in your asylum procedure, you may remain in Austria. You are then allowed to work and can obtain basic care for 4 more months.

The decision has to be communicated in written form with relevant information about the rights, duties, timing and means to complete the application. The decision can be as followed:

• recognized international protection- refugee status
• refused refugee status, but given subsidiary protection
• refused refugee status, but given humanitarian protection
• application rejected as unfounded
• inacceptable application (already applied in another EU country)

4. appeal

Appeals against a negative first instance decision have to be submitted within 4 weeks of the receipt of the decision and the whole file is forwarded by the BFA to the Federal Administrative Court (BVwG). In case refugee status or subsidiary protection status is not granted by the BFA, the asylum applicant will be assigned a free legal adviser provided by the state at the time of notification of the first instance decision. If the legally binding negative decision in your asylum procedure remains, then you must leave Austria.

More information about the asylum procedure in Austria

What rights do I have as an asylum seeker?

As an asylum seeker you are entitled to proceedings according to the respective legal standards, in which the reasons for which you need protection in Austria are noted and examined, and if appropriate the respective protection status is granted. Like everyone else, as an asylum seekers you have the right to respect for the principal of non-refoulement (This international principle prohibits the deportation of persons to countries in which inhuman treatment or torture threatens, and forbids refugees to be sent back to countries where they risk persecution.) As an asylum seeker you have the right to basic care and to legal consultation.

What obligations do I have as an asylum seeker?

As an asylum seeker you must cooperate in the asylum proceedings, in other words to appear at all the meetings set down by the Austrian authorities, to tell the truth about all the reasons why you cannot return to your country of origin (or another country), and if possible to prove your reasons. If you want to apply for asylum in Austria, you should do this as quickly as possible after entering Austria, otherwise there could be negative consequences. Asylum seekers must immediately inform the BFA (General Agency for Immigration and Asylum) or the Federal Administrative Court about a change in their residence and always be available.

More information about rights and responsibilities of asylum seekers

Sources, Further information & Links

• Asylum Information Database: Regular Procedure Austria
• InfoMigrants
• The Refugee Rights Toolkit
• Caritas FAQs Refugees and Asylum