Have you received a negative decision?

Have you received a negative decision?

 

The decision is negative. You are not granted asylum. Do you believe that the decision by the Federal Office for Immigration and Asylum is incorrect? You can write a complaint to the Federal Administrative Court. BBU Legal Counselling will help you with that.

You only have 4 weeks to submit a complaint. 

INFORMATION FOR TEENAGERS UNDER 18 YEARS
  • If you are under 18 years of age, your representative has to write the complaint. Talk to him immediatly, he will explain everything to you and help you.

What the Federal Administrative Court does

The Federal Administrative Court will examine your case again. The Federal Administrative Court might ask you to attend another interview. This appointment is called a “Verhandlung” [hearing]. It is similar to the interviews conducted by the Federal Office for Immigration and Asylum. A judge at the Federal Administrative Court will re-examine your case. An interpreter will help again.

Fotocredit: Harald A. Jahn

The judge will ask lots of questions again. He wants to understand why you cannot go back to your home country. It is important that you answer these questions again. If something the judge says is incorrect, you should explain it. Discuss it with your legal advisor.

What decisions are possible?

  • The Federal Administrative Court decides that the Federal Office for Immigration and Asylum needs to examine your case more closely. You will receive a new decision from the Federal Office for Immigration and Asylum.
  • The Federal Administrative Court decides that the decision by the Federal Office for Immigration and Asylum was wrong. Then you will be given a right of residence. This may be asylum or another form of protection.
  • The Federal Administrative Court decides that the decision by the Federal Office for Immigration and Asylum is correct. The asylum procedure in Austria is then over.

Negative decision from the Federal Administrative Court?

Complaint

Discuss this with your legal advisor. Sometimes, it makes sense to complain to the Constitutional Court and the Administrative Court. It is complicated; the rules are very strict. You will need the help of a lawyer for this complaint. The lawyer has 6 weeks to write the complaint.

Voluntary return

Perhaps you want to return to your home country. This is a big decision. Discuss it with your legal advisor. The BBU can help you to return.  

You can get help for your return. Contact the BBU return counselling centre to find out more:
rueckkehr@bbu.gv.at.

Are you in a BBU camp? Then return counsellors will come to your camp. Ask your care worker, “When is the return counsellor in the camp?”

What is detention pending deportation? What is the “Gelinderes Mittel” [the alternative to detention]?

Detention pending deportation means you are locked up. Detention pending deportation is for people who have to leave Austria. Are you in detention pending deportation? Please get in contact with your legal advisor or representative immediately. This will allow you to lodge a complaint.

The alternative to detention means you do not have to be put in detention pending deportation. The alternative to detention means you have to report to the police regularly.

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