Ars Boni Recht neugierig - Folge 12
Sep 30, 2025
Mag. Karin Winter, a distinguished Judge at the Federal Administrative Court specializing in asylum law, reveals the intricacies of asylum procedures. She explains the historical roots of asylum concepts and the five grounds for refugee status. Karin discusses how applications are filed, the Dublin system's complexities, and the evaluating role of the Federal Office for Immigration and Asylum. Additionally, she highlights the practical rights of applicants and shares insights on current trends in asylum applications from various countries.
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Five Legal Grounds For Asylum
- The 1951 Geneva Refugee Convention defines five grounds for refugee status: race, religion, nationality, political opinion, and membership of a particular social group.
- If none apply, a person may still get subsidiary protection for serious general harm in their home country.
How To Start And Appeal An Asylum Claim
- File an asylum claim at a police directorate so authorities can register identity, fingerprints and initial reasons for flight.
- If Bundesamt für Fremdenwesen und Asyl denies your claim, file a complaint with the Bundesverwaltungsgericht to have your case re-examined.
Deadlines Often Meet Practical Backlogs
- Authorities aim to decide asylum cases within legal deadlines (often six months) but complexity and intake surges can cause long delays.
- Large arrival waves (e.g., 2015) created multi-year backlogs that made deadlines practically impossible to meet.