You can be detained if:
- You receive a deportation order or ban on residence and do not leave Austria.
- You are waiting for a decision (for example a Dublin transfer) and the authorities think you might go into hiding.
Your Rights in Detention
Detention must be as short as possible — but in some cases can last up to 18 months.
You have the right to:
- Know why you are detained, in a language you understand.
- Have a trusted person and a legal representative informed immediately.
- Be visited during official hours by friends or supporters.
- Be visited at any time by lawyers or legal advisors.
How to Fight Detention
Detention is based on an official decision (Bescheid) by the BFA.
You can appeal at the BVwG (administrative court).
You have this right:
- During detention
- And up to 6 weeks after release
Get support from:
- A lawyer
- A legal counselling service
- People you trust and know
Legal Help During Detention
You will usually get legal advice from BBU (a government agency).
If you feel unsupported, you can try to contact:
- Diakonie
- DESSI
- Other independent legal counselling NGOs