Deportation

Last update : June 2021

Legally, deportation is not acceptable if, in the country of destination, the applicant is threatened with persecution or will be subjected to inhumane penalties, the death penalty or torture. An assessment to rule out deportation can be applied for during deportation proceedings.


Please note: even though the Corona-Pandemic is also strongly present in Austria, this does not mean that deportations are generally halted, they still happen.

Legally, deportation is not acceptable if, in the country of destination, the applicant is threatened with persecution or will be subjected to inhumane penalties, the death penalty or torture. An assessment to rule out deportation can be applied for during deportation proceedings. If due to real, factual reasons deportation proves impossible (for example: due to missing travel documents) or that a ban on deportation is not acceptable, deportation can be postponed each time for a period not exceeding one year. This postponement can be made because of a person’s job or on application, often with related conditions (for example: obligation to report oneself - to the police or asylum authorities - at regular intervals).

 Please note that, like in all EU countries, unfortunately experiences show that deportations have taken place (sometimes very spontaneous) even though they were neither expected nor legally covered.

Penalties

In the case of illegal residence/stay in Austria, missing travel documents, etc an administrative penalty/fine can be issued. Of course, it is possible to lodge an appeal against such penalties. Try to contact legal aid as soon as possible.