suggestion to inform the affected persons of the reasons for any
lengthier duration of the proceeding and to indicate when they can
count on a decision. Of course, this does not change the fact that
delays can have financial consequences or that uncertainty impairs
people’s quality of life. But many people simply want “their matter of
concern to be settled”.
Ombudswoman Terezija Stoisits
In my area of responsibility, there was a total of 2,605 new cases
in the period under review, of which 1,959 cases concerned federal
administration authorities and 646 regional and municipal administration authorities. In the area of federal administration, most of the
complaints submitted concerned issues within the purview of the
Federal Ministry of the Interior. Most of the complaints at the regional level referred to traffic fines, citizenship and municipal taxes and
fees.
2,605 new cases
Complaints concerning the Asylum Court again rose substantially.
In the year under review a total of 717 complaints was submitted
(2010: 222). The reason for almost all the complaints was the duration of the appeal proceedings. Regrettably, I was forced to conclude
this year as well that the Asylum Court could not fulfil the objectives
prescribed by the lawmakers. On one hand, the backlog of old proceedings undertaken by the previous Independent Federal Asylum
Senate could not be completely finished by the end of 2011, and on
the other, the Asylum Court is already backed up with a large number of new proceedings. It has been noted that procedural delays
are anywhere from 6 months to 3.5 years. Even though the President of the Asylum Court lately did not request more personnel on
the occasion of the presentation of the three-year progress report
(1 July 2008 to 1 July 2011), the situation cannot be called satisfactory. Government plans to change the structure of the Asylum Court
system in the near future might eventually offer the possibility to increase staff.
Again more complaints
about the Asylum Court
The Austrian Citizenship Act (StbG) is a federal law that is executed
by the Laender. In the course of the past years, more strict interpretations of the citizenship law have been observed. Complaints received by the AOB show clearly that the Austrian Citizenship Act contains some harsh provisions that make it impossible for persons who
Hardship under the
citizenship law
29
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