Author
Since 2015, travel documents for beneficiaries of international protection are issued for a period of up to 5 years,[1] unless other conditions apply.
Refugees obtain a Convention travel document (‘Konventionsreisepass’) without further conditions, unless there are compelling reasons in terms of national security and public order against the issuance of a document.[2]
In the past, beneficiaries of subsidiary protection had to establish that they are unable to obtain a travel document from their country of origin.[3] This partly changed in 2023 as the Constitutional Court ruled that beneficiaries of subsidiary protection have the right to get an aliens’ passport. The law foresees that the issuance has to be in the “interest of the republic”. The Constitutional Court ruled that it is to be viewed to be in the “interest of the republic” that a person is able to effectively its right to leave a country granted by Article 2 (2) of the 4. Additional Protocol to the ECHR.[4] Aliens whose presence on federal territory is tolerated are to be issued a permit for tolerated persons. As a general rule, it is valid for one year and can be extended for another year provided certain conditions are met. A geographical limitation further applies to beneficiaries of protection, who are not allowed to travel to their country of origin with these documents.
Article 94(2) FPG allows persons recognised as refugees in another country to apply for a Convention travel document in Austria.
Aliens who applied for international protection on or after November 15, 2015 and were awarded asylum status on or after June 1, 2016 are eligible to apply for the card for those entitled to asylum. In 2022, 45,484 (2021: 44,516) Convention travel documents were issued to refugees and 7,464 (2021: 5,016) Fremdenpässe (travel documents for foreigners) were issued. However, there is no data how many of those were issued to beneficiaries of subsidiary protection.[5]
[1] Article 90(1) FPG.
[2] VwGH, Decision 2013/21/0003, 16 May 2013, available in German at: https://bit.ly/3JGGEgp. One example of such reasons was found in the case of a person convicted of international drug dealing: VwGH, Decision 2009/21/0340, 29 April 2010, available in German at: https://bit.ly/3n1eV0X.
[3] Article 88(2a) FPG.
[4] VfGH, 16 June 2023, E 3489/2022, available in German here.
[5] Ministry of Interior, Answer to parliamentary request, 9407/AB, XXVII. GP, 28 March 2022, available in German at: https://bit.ly/3rf5kDk; Ministry of Interior, Answer to parliamentary request, 14477/AB, XXVII. GP, 27 June 2023, available in German at: https://shorturl.at/SANWl.