The government will also connect refugees with private welfare assistance from humanitarian and religious institutions, where available.423 If the application is denied on the merits, Austria must nonetheless grant subsidiary protection status to applicants who face a threat to life or risk of torture, both as defined by the European Convention on Human Rights, upon return to the country of origin.424 An asylum seeker has the right to appeal a denial of refugee status.425 An appeal on the merits426 must be filed within fourteen days upon receipt of a written decision.427 Since 1 January 2014, appeals are decided by the Federal Administrative Court (formerly the Asylum Court, now with extended jurisdiction).428 The Federal Administrative Court will issue a suspension order if deportation would violate Articles 2 or 3 of the Europe Convention on Human Rights (respectively, the right to life and the right to be free from torture or inhuman/degrading treatment). Typically, an appeal on the merits will suspend deportation automatically unless authorities revoke the suspension because the applicant’s claim is manifestly unfounded.429 Otherwise viable suspensions of deportation may not be allowed if: • • • • • • the asylum seeker comes from a safe country of origin; the applicant attempted to deceive officials about his or her true identity, nationality or the authenticity of her or her documents; the applicant does not face any real danger; an enforceable deportation order and enforceable entry ban was issued prior to lodging the asylum request; the asylum seeker has not provided reasons for persecution; the asylum seeker has lived in Austria more than 3 months prior to filing an asylum application, unless certain conditions apply.430 Austria cannot deport an asylum seeker who has filed an asylum application until an enforceable ruling on asylum status is given.431 If an application has been 423 Ibid., Chapter 8, Section 3, Article 68(3). Ibid., Chapter 2, Section 3, Article 8(1). 425 Ibid., Chapter 4, Section 5, Articles 36-39. 426 In cases where there is no procedure on the merits, i.e. it is governed by the Dublin Regulation or the application is inadmissible because the applicant comes from a safe third country, the appeal must be filed within 7 days. State of Austria, “Federal Act Concerning the Granting of Asylum (2005 Asylum Act - Asylgesetz 2005) [with Amendments],” January 1, 2006, para. 22(12), http:// www.ris.bka.gv.at/Dokumente/Erv/ERV_2005_1_100/ERV_2005_1_100.pdf; European Council on Refugees and Exiles, “Dublin II Regulation: National Report” : European Network for Technical Cooperation on the Application of the Dublin II Regulation - Austria, November 25, 2012, 15, http:// www.refworld.org/docid/51404bb92.html. 427 State of Austria, “General Administrative Procedures Act (AVG) No. 195 of 1991,” Article 63(5). 428 Information provided by Ulrike Brandl. 429 State of Austria, “2005 Asylum Act,” Chapter 4, Section 5, Article 38(1). 430 Ibid., Chapter 4, Section 5, Article 38(1). 431 Ibid., Chapter 3, Section 1, Article 12(1). 424 88 Handbook on Protection of Palestinian Refugees