If you receive a deportation order or negative asylum decision in Austria from the Federal Office for Immigration and Asylum (BFA), you have the legal right to challenge this decision by filing an appeal with the Austrian Federal Administrative Court (BVwG). This appeal will be reviewed by independent, impartial judges.
While it is not mandatory to have a lawyer, you are entitled to receive free legal counseling. Legal advisors can explain your rights, help you prepare the appeal, and—if you choose—represent you before the court. You may also hire a private immigration lawyer in Austria at your own cost to strengthen your deportation defense strategy.
Importantly, your appeal must be submitted in writing and within a specific deadline. This deadline begins as soon as the BFA decision is officially delivered to you. Details about how long you have to appeal and your legal options should be clearly mentioned in the “information on rights of appeal” attached to your decision.
In most cases, submitting an appeal to the BVwG automatically suspends the deportation—meaning that authorities cannot carry out the removal until a final ruling is made. However, there are exceptions. If the person comes from a country deemed “safe” by Austrian law, the suspensive effect may be revoked by the BFA. In such cases, it is critical to act quickly and request a suspension of the deportation from the court.
When the BFA rejects an asylum application as inadmissible, the appeal generally does not have automatic suspensive effect. Still, the court may grant it upon request, depending on the circumstances.
A legal expert can assess your case, explain your rights, and help you appeal or resolve unjust alerts that could otherwise impact your mobility across Europe. Consider scheduling a consultation.
What Happens After You Appeal a Deportation in Austria?
Once your appeal is submitted to the Austrian Federal Administrative Court (BVwG), the court will review the case and issue a new decision. The BVwG has the authority to:
- Reject the appeal and uphold the deportation order;
- Amend the decision partially (e.g., change certain conditions);
- Or fully overturn the BFA’s decision, thereby cancelling the removal order.
The ruling of the BVwG replaces the decision issued by the Federal Office for Immigration and Asylum (BFA). If the BVwG confirms the deportation or a residence-terminating measure, the person concerned must generally leave Austria.
Further Legal Remedies: Supreme and Constitutional Courts
Even if the BVwG denies your appeal, you still have options. An asylum seeker or foreign national may:
- Request a revision before the Austrian Supreme Administrative Court (VwGH), or
- Appeal to the Austrian Constitutional Court (VfGH), particularly if there are allegations of violations of constitutional or fundamental human rights (such as rights under the European Convention on Human Rights).
These higher court appeals can be submitted simultaneously. However, the two courts serve different purposes:
- The VfGH focuses solely on constitutional complaints and fundamental rights violations.
- The VwGH reviews legal errors and misapplications of administrative law.
Legal Representation and Costs
Unlike the initial appeal to the BVwG, a lawyer is mandatory for appeals to both the VwGH and the VfGH. These higher-level proceedings involve court fees and legal expenses, but applicants may be eligible to apply for legal aid to cover some or all of the costs.
Suspensive Effect of Higher Appeals
Appeals to the VwGH or VfGH do not automatically suspend deportation or other enforcement actions. However, either court has the discretion to grant suspensive effect in urgent or exceptional situations. This legal safeguard is essential for individuals facing imminent removal while waiting for their case to be reviewed at the highest judicial level.
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Voluntary and Forced Return from Austria: Understanding Your Options
A functional return policy is a key element of Austria’s migration and asylum system. It ensures the orderly removal of individuals who no longer have legal grounds to remain in the country. Whenever possible, voluntary return is preferred over forced deportation, and individuals are encouraged to take advantage of available support programs.
Voluntary Return: The Preferred Option
If a non-citizen is unlawfully present in Austria, the Federal Office for Immigration and Asylum (BFA) will typically issue a return decision, requiring them to leave the country. In the first instance, the person is encouraged to depart voluntarily.
To facilitate this, the Austrian authorities offer free return counselling services, currently provided by:
- Human Rights Association Austria (VMÖ)
- Caritas
In some cases, return counselling is not only available but obligatory.
If you choose to return voluntarily, the counselling organization will check with the BFA to see whether the costs of return will be covered. If the BFA agrees, Austria may pay for the following:
- Your travel expenses (e.g., plane ticket)
- Administrative fees for obtaining necessary documents (e.g., passport)
- Additional financial assistance for reintegration in your home country
The International Organization for Migration (IOM) and partner NGOs will coordinate and support your return, ensuring a dignified and organized departure.
When Does Austria Enforce Deportation?
If the person:
- Refuses to leave Austria voluntarily, or
- Must be removed immediately due to legal or security reasons,
then the Austrian authorities will carry out a forced return (deportation). This occurs only when all other avenues have been exhausted or when swift enforcement is required by law.
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How Deportation Is Carried Out in Austria: Process, Documents, and Legal Safeguards
When a deportation order in Austria is issued, several legal and logistical steps must be fulfilled before the individual can be removed from the country. One of the most important requirements is the availability of valid travel documents.
Travel Documents and Emergency Passports
A person subject to deportation must possess a valid passport or an acceptable substitute travel document, such as an emergency passport. If the individual does not have a valid passport, the Federal Office for Immigration and Asylum (BFA) will contact the relevant foreign embassy to request the issuance of an emergency travel document to facilitate removal.
Who Executes the Deportation?
Once all administrative steps are complete, the BFA formally orders the deportation, and the Austrian police are responsible for carrying it out. Police officers are legally authorized to use coercive measures if necessary, though only within the limits of national and human rights law.
The person may be deported to:
- Their country of origin,
- Another safe country from which they can continue their journey, or
- A country responsible for processing their asylum application (as in the case of Dublin transfers under EU law).
Deportation may occur by land or air, depending on the destination and security situation. This includes:
- Scheduled flights for individual returns
- Charter flights organized for group removals
Pre-Deportation Custody and Health Check
Before removal, the police may place the person in detention for the purpose of deportation. This step ensures timely coordination and transport. During detention:
- The person will be informed of the next steps in their own language (via interpreter, if needed)
- A medical examination will be conducted to assess whether the individual is fit for travel and detention
Charter Flights and Human Rights Monitoring
In cases where charter flights are used for group deportations, the BFA arranges for the aircraft and necessary escort personnel. These flights are accompanied by:
- A human rights observer to monitor the procedure
- An emergency doctor to attend to any health issues during the flight
- An interpreter to ensure proper communication
These safeguards are in place to guarantee that Austria’s deportation practices comply with international human rights standards.
Toleration Status in Austria (Duldung): When Deportation Is Not Possible
In certain situations, Austria may grant “toleration” (Duldung) to individuals who are under a return or deportation order but cannot be deported for legal or practical reasons. Toleration is a temporary status that suspends deportation until it becomes legally or physically possible.
What Is Toleration (Duldung)?
Toleration means that the person is technically obliged to leave Austria, but deportation is currently not enforceable. This status does not grant a legal residence permit, but it protects the individual from immediate removal. A “card for tolerated persons” may be issued upon application.
When Can Toleration Be Granted?
Toleration status may be granted in Austria in the following situations:
- Legal Obstacles to Deportation (Article 3 ECHR)
- If deportation would violate human rights protections, such as the prohibition of inhuman or degrading treatment, the return is not legally permissible.
- If the situation changes, the deportation process must be reassessed and a new return decision is required.
- Practical or Physical Obstacles (Lack of Travel Documents)
- When a person is cooperating with authorities but the country of origin refuses to issue a passport or emergency travel document, deportation cannot proceed.
- Deportation becomes possible once a travel document is obtained, and may be enforced without a new decision.
- Temporarily Inadmissible Return (Article 8 ECHR)
- If deportation would violate the right to private and family life, it may be temporarily suspended.
- Once the personal or legal circumstances change, the BFA must review the case and issue a new return order if removal becomes admissible.
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