(***Note that the information provided for this country was not reviewed by the EUAA Information and Analysis national contact point.)

A single appeal is possible against a negative or inadmissibility decision by the State Secretariat for Migration (SEM).

The Federal Administrative Court (FAC) examines the legality of decisions under the authority of the Federal Administration. FAC is the only appeal body for asylum cases, acting as the final complaints body. Its judgments in asylum cases cannot be challenged before the Federal Supreme Court (FSC) (source: Federal Administrative Court | Bundesverwaltungsgericht | Tribunal administratif fédéral | Tribunale amministrativo federale. Tasks of the Federal Administrative Court).

An appeal lodged before FAC has, as a general rule, an automatic suspensive effect, except in the Dublin procedure. The examination of the appeal before FAC is limited to a legality assessment. FAC may confirm the SEM’s decision, return the case to the SEM for further clarification, or grant asylum or temporary acceptance.

An appeal before the Federal Supreme Court is only admissible for extradition requests or administrative detention pending deportation (including during the Dublin procedure) (Federal Supreme Court Act, Article 83(d)).

The legal provisions for appeal procedures at the federal level are set out in Articles 105-112 of the Asylum Act (AsylA).