Author
The detained asylum applicant is appointed a legal adviser provided by the BBU GmbH (see Legal assistance).
The law contains only the obligation for the legal adviser to take part in hearings and to represent the asylum applicant, if the person so requests.[1] This was also underlined in a ruling of the Supreme Administrative Court, which concluded that the legal provision according to which lawyers have to attend the oral proceedings at the request of the foreigner “can only be understood as meaning that the lawyer’s participation in the hearing must be” on behalf of the applicant “, and thus has to act as a representative.[2]
A legal adviser shall be appointed according to Articles 51-52 BFA-VG in return procedures, detention and apprehension orders.[3] However, the right to receive legal advice for people benefiting from alternatives to imprisonment was abolished on 1 January 2014.
Legal advisers can meet their clients in the visitors’ room during office hours. Appointed legal advisers have to arrange for an interpreter.
The High Administrative Court ruled in 2023 that in ex officio detention review court sessions the detainee has a right to be represented by BBU GmbH and therefore the legal representation has to be summoned by court.[4]
[1] Article 52(2) BVA-VG.
[2] VwGH, Decision No Ra 2016/21/0152, 23 February 2017.
[3] VfGH, Decision E4/2014-11, 26 June 2014.
[4] VwGH 02 March 2023, Ro 2021/21/0007, VwGH 02.03.2023, Ra 2021/21/0137.