Author
Detention should be as short as possible,[1] and cannot exceed 6 months for adults,[2] and 3 months for children over the age of 14.[3] There is also a possibility to exceptionally extend these periods for up to 18 months, e.g. when the identity or citizenship cannot be verified or when the foreigner resisted against police force in the context of deportation.[4] As regards asylum applicants, detention should generally not last longer than 4 weeks following the final decision on the application.[5]
Figures on the average duration of detention of asylum applicants in general are not available. As of 2025, the average time overall was 24 days (2024: 22), while specific data on the average detention time of asylum applicants is not available.[6]
As regards, asylum applicants falling under the Dublin procedure, they are often detained immediately after lodging their application and may be kept in detention until they are transferred to the responsible Member State. In Dublin cases, detention may last for some weeks, as suspensive effect of the appeal is hardly ever granted and the transfer can be affected while their appeal is still pending.[7]
After the general suspension of Dublin transfers by the Italian government in 2022, no Dublin returns from Austria took place between December 2022 and 2025. In April 2024, counselling organisations informed asylkoordination österreich that possible Dublin returnees were put into the detention. The authorities justified this by stating that Italy has signalled that it will change its policy after the CEAS reform will be put into practice on 12 June 2026.
[1] Article 80(1) FPG.
[2] Article 80(2)(2) FPG.
[3] Article 80(2)(1) FPG.
[4] Article 80(4) FPG.
[5] Article 80(5) FPG.
[6] Ministry of Interior, Answer to parliamentary request 4290/AB, 27 March 2026 available in German here.
[7] Report from NGOs to asylkoordination österreich.