If you apply for international protection in Austria, the Federal Office for Immigration and Asylum (BFA) will determine which European country is responsible for examining your application.
As a general rule, only one country is responsible for examining an application for international protection. These rules are set out in the Asylum and Migration Management Regulation (AMMR).
The AMMR applies in the following countries: Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Austria, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, and Hungary.
The AMMR contains many different provisions. The examples below are not exhaustive. For further information, it is important to seek advice from a legal adviser (Legal Advice Service from 12 June 2026 – BBU). The full text of the AMMR can be found here.
Some Rules under the Asylum and Migration Management Regulation
If you entered through another European country
If you were in another European country before arriving in Austria, that country may be responsible for examining your asylum application. Responsibility is determined based on several criteria, such as family connections, visas, or information stored in the Eurodac database.
How is the responsible country determined?
The authorities will consider various factors, including:
- Whether you have family members in another European country.
- Whether another country has issued you a visa or residence permit.
- Whether you have already applied for international protection in another European country.
- Whether there is information about your entry into or stay in another European country, including certificates, diplomas, or qualifications issued by an educational institution established in a Member State.
The authorities may obtain information from the Eurodac database for this purpose.
If you are under 18 years old
If you are an unaccompanied minor and a family member – or, where relevant, a relative – is staying in another European country, that country may be responsible for examining your application for international protection. In such cases, the authorities will give particular consideration to the best interests of the child.
If no family members or relatives can be found in another European country and no other responsibility criteria apply, the country where you submitted your application for international protection will generally be responsible.
If you are an adult
If your spouse, registered partner, or minor children are already staying in another European country and have been granted international protection there, or if they have an ongoing asylum procedure, that country may, under certain conditions, be responsible for examining your application.
You should inform the authorities about your family members as early as possible and provide any available evidence.
What happens if another country is responsible?
If Austria determines that another country is responsible for examining your application, Austria may request that country to take over your case. In that situation, you may be transferred to the responsible country.
From the time you are notified of the decision to transfer you to the responsible Member State, you are no longer entitled to receive benefits under Austria’s basic welfare support system.
As a general rule, your application will then continue to be processed or examined in the responsible country.
If the authorities decide that another country is responsible for your application, you have the right to appeal this decision before the Federal Administrative Court within the deadline specified in the decision.