Author
UNHCR has unrestricted access to all reception centres. In the initial reception centres, access of legal advisers and NGOs to the reception buildings is not allowed, based on the argument that it would disrupt the private life of other asylum applicants. This restriction is laid down in a regulation introduced by the Minister of Interior (“Betreuungseinrichtung-Betretungsverordnung”) intending to secure order and preventing assaults to life, health or freedom and protecting the facility.[1] UNHCR has the right to be present in any interview and oral hearings and is allowed to get in contact with the applicants at any time. UNHCR has also access to airport facilities in the border procedures where the authorities have to ask for UNHCR’s consent for rejecting decisions.[2] In 2024 there were five unannounced visits from UNHCR to federal basic care facilities as well as two evaluations (inspection visit) by the Ombudsperson’s office at the federal facility BBE Steyregg and BBE Klingenbach.[3]
The restriction of access to the facilities does not apply to lawyers or legal representatives. Family members may meet their relatives in the visitors’ room, and legal advisers and NGOs in the premises of the BFA. In the federal provinces, NGOs with a contract for providing advice in social matters have access to the reception centres, while other NGOs must ask for permission, sometimes on a case-by-case basis.
Asylum applicants living in reception centres located in remote areas usually have difficulties contacting NGOs, as having pay for public transportation on their own (their pocket money amounts to € 40 per month). Travel costs for meetings with the appointed legal adviser are only paid by BBU GmbH if it is necessary i.e. in preparation for a court session.
[1] BGBl. II Nr. 2005/2 and 2008/146.
[2] Article 31 AsylG; Article 63 AsylG.
[3] Ministry of Interior, Answer to parliamentary request 630/AB, XXVIII GP, 19 May 2025, available in German here.