General

Austria

Country Report: General Last updated: 30/11/20

Author

Asylkoordination Österreich Visit Website

A total of 5,252 persons were detained throughout 2018.Answer to parliamentary request, No.2633/AB, 21 March 2019.  Out of them, 4,803 were male detainees and 439 were female detainees. According to NGOs, detention of asylum seekers was ordered rarely.

There are 4 main detention centres currently operating in Austria: Vordernberg, Styria; Police Apprehension Centres (PAZ) Vienna Hernalser Gürtel, PAZ Vienna Rossauer Lände and Familienunterbringung Vienna Zinnergasse.

There are 11 smaller Detention Centres (PAZ) under the responsibility of the police – Bludenz, Eisenstadt, Graz, Innsbruck, Klagenfurt,  Linz, Salzburg, St Pölten, Villach, Wels and Wiener Neustadt – that are now used for short term arrests. In most cases, detainees are transferred to the main centres after an average of 7 days.

In practice, asylum seekers are subject to detention mainly under Dublin procedures. Persons who submit a follow-up asylum application are detained as well. If a person applies for asylum while in detention, he or she may be detained during the admissibility procedure. Uncertainty surrounding detention regulations has been resolved following a ruling of the High Administrative Court regarding detention under the Dublin Regulation (see Grounds for Detention).

When asylum seekers are detained, the personal interview examining their application is held in the detention centre. Interpreters are present and legal representatives have to be summoned to the interview. The BFA may also order to bring the asylum seeker to the BFA for the interview. A person of confidence has the right to be present at the interview of an asylum seeker. If the asylum application is processed as an inadmissible application a legal advisor has to counsel the asylum seeker before the interview and has to be present at the interview.

 

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation