Best Asylum Lawyers in Austria

About Asylum Law in Austria:

Asylum in Austria is a legal status granted to individuals who have fled their home countries due to fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. The right to asylum is enshrined in both Austrian law and international treaties to which Austria is a party.

Why You May Need a Lawyer:

Seeking asylum can be a complex and emotionally challenging process. A lawyer with expertise in asylum law can help you navigate the legal system, prepare your case, and advocate on your behalf. Common situations where you may need a lawyer include preparing and submitting your asylum application, attending interviews with immigration authorities, and appealing a negative decision.

Local Laws Overview:

In Austria, the right to asylum is governed by the Asylum Act, which sets out the procedures for applying for asylum, the criteria for granting asylum, and the rights and obligations of asylum seekers. Austria is also bound by international treaties such as the 1951 Refugee Convention and the European Convention on Human Rights, which provide additional protections to asylum seekers.

Frequently Asked Questions:

1. How do I apply for asylum in Austria?

To apply for asylum in Austria, you must submit an application to the Federal Office for Immigration and Asylum (BFA). You can do so either at the border or within Austria at an asylum facility.

2. What rights do asylum seekers have in Austria?

Asylum seekers in Austria have the right to accommodation, medical care, legal assistance, and interpretation services. They also have the right to work after a certain period of time.

3. How long does the asylum process take in Austria?

The asylum process in Austria can vary in length, but it typically takes several months to several years for a decision to be made on an asylum application.

4. What happens if my asylum application is denied?

If your asylum application is denied, you have the right to appeal the decision to the Federal Administrative Court. It is advisable to seek legal assistance for the appeal process.

5. Can I bring my family members to Austria if I am granted asylum?

If you are granted asylum in Austria, you may be able to apply to have your family members join you through family reunification procedures.

6. Can I work while my asylum application is pending?

Asylum seekers in Austria are allowed to work after a waiting period of several months. However, there are restrictions on the types of work and industries they can work in.

7. What is subsidiary protection in Austria?

Subsidiary protection is a form of protection granted to individuals who do not qualify for asylum but would face serious harm if returned to their home country. It provides similar rights and benefits to asylum, including residence permits and access to services.

8. Can I travel outside of Austria while my asylum application is pending?

Asylum seekers in Austria are generally not allowed to travel outside of the country while their application is pending, as this may be seen as an abandonment of the asylum process.

9. Can I apply for asylum in Austria if I have already applied for asylum in another country?

Under the Dublin Regulation, individuals are required to apply for asylum in the first EU country they enter. If you have already applied for asylum in another country, you may be transferred back to that country for your asylum claim to be processed there.

10. Is legal aid available for asylum seekers in Austria?

Asylum seekers in Austria have the right to legal assistance and representation during the asylum process. Legal aid is provided free of charge to those who cannot afford a lawyer.

Additional Resources:

For more information on asylum in Austria, you can visit the website of the Federal Office for Immigration and Asylum (BFA) or contact non-governmental organizations such as the Austrian Red Cross or Diakonie Austria, which provide support and services to asylum seekers.

Next Steps:

If you are in need of legal assistance with your asylum case in Austria, it is advisable to seek out a lawyer with experience in immigration and asylum law. They can help you understand your rights, guide you through the process, and represent you effectively before the authorities.