***Note that the information provided for this country was not reviewed by the national contact points of the EUAA Information and Analysis Sector and the EUAA Courts and Tribunals Network.

there are two appeal levels in cases concerning international protection.

First appeal instance: Asylum applicants can appeal the decision of the Federal Office for Immigration and Asylum (Bundesamt für Fremdenwesen und Asyl, BFA) before the Austrian Federal Administrative Court (Bundesverwaltungsgericht, BVwG). An appeal must be submitted before the BFA  in writing against a  decision in 4 weeks and against a measure in 6 weeks. An appeal before the BVwG against a BFA decision in the regular asylum procedure has suspensive effect (see more under Access to appeal and, for other types of appeals, see Other appeals). The BVwG may uphold, amend, or overturn the decision and supersede the decision of BFA.

Appeal options and deadlines are communicated in the information on rights of appeal in the BFA decision. Section 52 of the Federal Office for Immigration and Asylum Procedures Act (BFA-VG) provides that an asylum applicant in proceedings before the Federal Administrative Court must be provided with a legal advisor free of charge. At the request of the applicant, the legal advisor will represent the applicant during the proceedings. According to Section 70 of the Asylum Act 2005 (Asylgesetz 2005) asylum applicants do not have to cover costs and fees incurred in the appeal proceedings.

Second appeal instance: Asylum applicants have the right to lodge a (ordinary or extraordinary) revision against the decisions of the Federal Administrative Court (BVwG) before the Austrian Supreme Administrative Court (Verwaltungsgerichtshof, VwGH) and to appeal before the Austrian Federal Constitutional Court (Verfassungsgerichtshof, VfGH), and those appeals may be lodged simultaneously. Appeals for revision before the VwGH and appeals of the decision before the VfGH do not have automatic suspensive effect but the courts may grant suspensive effect upon request.The VfGH specifically rules on alleged violations of constitutional rights and the VwGH on all other alleged rights violations.

The Constitutional Court acts generally only upon the filing of an introductory pleading. Details of the procedure are laid down in the Constitution (Bundes-Verfassungsgesetz, B-VG) and in the Constitutional Court Act (Verfassungsgerichtshofgesetz, VfGG).For a revision before the VwGH and an appeal before the VfGH, a lawyer is mandatory. Asylum applicants can apply for legal aid.