First country of asylum

Austria

Author

Asylkoordination Österreich

The concept of “first country of asylum” is established in Article 4a AsylG. An application will be rejected as inadmissible, if the applicant has found protection in an EEA country state or Switzerland and asylum or subsidiary protection status was granted.

In a case ruled by the Federal Administrative Court, the rejection of the application as inadmissible of a Chechen refugee who was registered in Azerbaijan as “person of concern” to UNHCR was seen as not sufficient. The court missed the opportunity to assess the question whether the status is similar to the status of a recognised refugee or the protection from refoulement is sufficient.1

As mentioned in Safe Third Country, inadmissibility may be ordered when a person has obtained status in another EU Member State.

 

About AIDA

The Asylum Information Database (AIDA) is a database managed by the European Council on Refugees and Exiles (ECRE), containing information on asylum procedures, reception conditions, detenti