Asylum in Austria – the application process and key steps from application to appeal

Last updated: 21 September 2026

Austria is one of the countries that grants asylum under European refugee policy. Austrian asylum legislation is focused on upholding international human rights standards and provides applicants with a fair asylum process. Applying for asylum in Austria may seem complicated, but with the right preparation and supporting evidence, you have a chance of receiving protection.

In this article, we'll take a detailed look at the asylum application process in Austria, including the key steps:

1. Submitting an application.
2. Consideration of the application.
3. Appeal.
4. Submitting a new application in case of refusal.

This guide will help you navigate each step of the process, understand the steps you need to take to successfully submit your application, and how to prepare your evidence.

1. Submitting an Asylum Application The
asylum application process in Austria begins with an application to the Federal Office for Migration and Asylum (BFA - Bundesamt für Fremdenwesen und Asyl). You can submit your application either upon entering the country or while in Austria.

At the border or at the airport
If you are arriving in Austria, you can submit your asylum application upon crossing the border or directly at the airport. In this case, it is important to immediately notify the border authorities of your intention to apply for asylum. You will usually be taken to a migration center for an initial interview.

Within the country
If you are already in Austria, you can submit your application through the Federal Office for Migration and Asylum. You can submit your application in person or through an online platform.

It is important to provide the following documents when submitting your application in Austria:

• Personal information (passport, birth certificate, previous visas, if any).
• A detailed explanation of the reasons why you cannot return to your country (e.g. threats of persecution, political repression, war).
• Evidence of harassment or threats (threatening letters, medical certificates, photographs, witness statements).

2. Application Processing:
Once your application has been submitted, it begins processing by the Federal Office for Migration and Asylum (BFA). This stage includes several important procedures.

Initial Interview:
The applicant is invited to an initial interview, where they must explain in detail why they cannot return to their home country. It is important to provide all information honestly and accurately, as well as all available evidence.

Evidence Assessment:
The BFA analyzes the evidence provided, including the applicant's personal statements, as well as additional documents such as medical records, threatening letters, evidence of persecution, and expert reports, if available.

Decision:
After reviewing all materials, the BFA makes a decision on the case. If your application is approved, you will be granted refugee status or other protected status, which opens the door to permanent residence in Austria.

3. Appealing a Refusal
If your asylum application is rejected, you have the right to appeal. In Austria, the appeal is filed with the Federal Administrative Court (Verwaltungsgerichtshof).

The appeal process is as follows:

1. Timeframe: The appeal must be submitted within 4 weeks of receiving the BFA refusal.
2. Presenting New Evidence: It is important to present new evidence or explanations that were not considered during the initial review process.
3. Hearing of the appeal: The Federal Administrative Court hears the appeal and may order a new hearing or, if it deems appropriate, confirm the BFA's decision.

4. The role of the expert report in the appeal

At the appeal stage, the expert report becomes a key tool

It helps:

• Confirm that the RPD decision failed to take into account important aspects of the case.
• Point out errors in the interpretation of evidence or the situation in the country.
• Substantiate new evidence if the situation in the applicant's country has changed.

What is a Country Expert Report?
An expert report is an independent document prepared by an expert to confirm the reality of threats in the applicant's country.
The report's objectives are to:

Confirm the overall context:

• Describe the current situation in the country: political instability, repression, conflicts.
• Show how these conditions affect the applicant.

Strengthen the evidence base:

• Justify that the applicant belongs to a vulnerable group.
• Show why he cannot safely return to his country.

Support the facts with links:

• Each fact is confirmed by references to Amnesty International, Human Rights Watch, the UN and others.

Russia and CIS Expert: Assistance in preparing expert witness reports for asylum applicants from Russia, Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan

My name is Maxim Kharitonov, and I am an expert on human rights , political repression, and social abuses in the CIS countries. My work focuses on providing objective and professional expert witness reports for asylum seekers in countries such as the United States, United Kingdom, Canada, and the European Union. I specialize in analyzing and presenting evidence supporting the risks of persecution in the former Soviet Union.

My achievements:

• Over 100 successfully prepared expert witness reports for asylum applicants from CIS countries, including Russia, Belarus, Tajikistan, Ukraine, Armenia, Azerbaijan, Kazakhstan, Georgia, Kyrgyzstan, Moldova, Turkmenistan, and Uzbekistan – at the appeals and initial application stages.
• Collaboration with leading US and UK law firms, including the preparation of reports that have become key evidence in successful asylum cases.
• Winner of the Expert Witness Awards 2024 in the category "Best Expert on Immigration Issues".
• My in-depth knowledge of the legal and political situation in the CIS countries allows me to objectively assess the risks of political persecution, human rights violations, and other factors affecting the safety of applicants.
• Recognition as a respected expert in the field of human rights and political repression, including inclusion in the Experts for Immigration and Justice (EIN) database: https://www.ein.org.uk/experts/kharitonov

Having gone through the asylum process myself, I understand how important it is to present the court with a complete and accurate picture of what happened.

If you are looking for a professional expert on political asylum issues from the CIS countries, my services will help you prepare a strong and compelling case for your clients.

How I prepare an expert report:

• Analysis of the General Situation: I examine the political, religious and social conditions in the applicant's country of origin, including repression, persecution, human rights violations and other threats.
• Analysis of the applicant's circumstances: I study the statement, interview, provided documents and the decision of the court or immigration authority.
• Research: I use international and local sources, such as Amnesty International, Human Rights Watch, the UN , and local media. I support every fact with references using the OSCOLA methodology.
• Compliance with standards:
• My reports are strictly regulated and comply with the guidelines set out in the Upper Tribunal's Practice Direction on Expert Evidence.
• Having accepted responsibility for the analysis and preparation of the report, I confirm the accuracy of all facts presented and the correctness of the opinions expressed.

Declaration of Truthfulness:

At the end of each report, I sign a declaration confirming that all information presented is based on reliable sources and that the opinions expressed are my own.

Liability to Court:

• My professional remuneration is not dependent on the outcome of the case, which guarantees objectivity and the fulfillment of my duty to the court.
• In some cases, I may be called to court to provide evidence regarding circumstances in the appellant's country of origin.

— Maxim Kharitonov

How to contact me
: Email: info@thehuman-rights.com

Application on the website:
thehuman-rights.com

Working hours:

• I respond to requests within 1 hour.

• I prepare reports within 1 week, including complex and extensive cases.

5. Appeal to the Council of State (Conseil d'État)
If your appeal is rejected, you can file a complaint with the Conseil d'État, France's highest court.

When is this possible?
A complaint is filed in the event of legal errors or procedural irregularities at the CNDA.

The filing process:

• The complaint must be filed within 2 months of the CNDA refusal.
• The court may overturn the CNDA's decision and remand the case for retrial.

6. New application (réexamen)
If all previous attempts have been unsuccessful, you can submit a new application based on new circumstances.

What do you need for a new application?

• New evidence confirming the change in the situation in the country.
• Expert report substantiating the relevance of the threats

7. Fresh Claim
If all the previous steps fail, you can file a Fresh Claim.To do this, you need:

• New evidence that significantly changes the essence of the case.
• An expert report confirming changes in the situation in the country.

Conclusion:
The asylum application process in France is complex, but with the right preparation and support, you have every chance of success.

An expert report is a key tool to help you explain your story and justify the risks.

Contact me:

• Email: info@thehuman-rights.com
• Web: thehuman-rights.com