Building Knowledge for a Concerted and Sustainable Approach to Refugee Resettlement in the EU and its Member States

Federal Act Concerning the Granting of Asylum (2005)

Legal and administrative framework

Abstract

The Federal Act Concerning the Granting of Asylum (Asylgesetz 2005) was published in the Federal Law Gazette (FLG) I No. 100/2005. It defines the asylum and subsidiary protection statuses of foreigners, as well as general procedures for these statuses. Provisions on status preconditions and on the granting ex officio (from which follows the recognition of the refugee) are contained in § 3:

(4) An alien shall be granted asylum status ex officio without any further procedure if the Republic of Austria has undertaken to do so under international law.

(5) The ruling whereby an alien is granted asylum status ex officio or on the basis of an application for international protection shall be issued in conjunction with a declaration that refugee status is accordingly conferred upon the alien by operation of the act.

Files attached to this content:

Federal Act Concerning the Granting of Asylum (2005) in German and English