Fundamental Rights Section that the application form does not meet the requirements of Art. 8 para. 1 ECHR. The Federal Ministry of Transport, Innovation and Technology was therefore advised on June 2, 2004 to alter the form in question in a manner that conforms with the Constitution, so that no required entries about 'Family name at the time of birth' nor 'Forenames of biological parents' be requested of the applicant. The responsible Ministry informed the Ombudsman Board that a constitutional solution to the indicated problems would be found within the framework of the project 'Redesign of the Process of Issuing a Driver’s License'. The claims of the Ombudsman Board have been comprehensively considered in the amendment to the Enabling Ordinance to the Driver's Licence Law, in force since March 1, 2006, Federal Law Gazette II number 66/2006. 2.8.2 Notification of closure of ban on residence proceedings (VA BD/120-I/06, BMI-1006336/0006-II/3/2006) In connection with a complaint concerning the duration of ban on residence proceedings the Federal Ministry of the Interior informed the Ombudsman Board that official residence proceedings were initiated ex officio and that therefore the authority was under no obligation to render a decision pursuant to Sect. 73 AVG (Allgemeines Verwaltungsverfahrensgesetz - General Administrative Procedure Act). According to the Ministry of the Interior, Austrian legislation does not provide for an obligation to notify persons concerned of the stay of proceedings. It argued that such notification was a service provided merely on a voluntary basis. The Ministry of the Interior argued that it was not necessary to regulate, by way of decree, the compulsory notification of persons concerned of stays of proceedings. This would also apply to expulsion proceedings. Ban on residence proceedings and expulsion proceedings are initiated ex officio. This means that the person concerned has no right to claim a decision from the authority pursuant to Sect. 73 AVG, although these proceedings related to matters of vital concern. The Federal Ministry of the Interior argued to the Ombudsman Board that the mere commencement of such proceedings would (initially) not change or worsen the residential situation of a foreigner. Such line of argumentation completely ignores the personal background of persons concerned. Still, the Right to Respect for Private Life should ensure the individual a private area in which he/she can freely unfold and develop his/her personality. Family life encompasses all family members who actually live together and/or to whom a specific relationship of dependence exists. 60

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