Investigating human rights 2.2.5 Interior Asylum and immigration law - federal support for asylum seekers An application for asylum is usually filed with the police. After initial questioning, the police ask the Federal Office for Immigration and Asylum (Bundesamt für Fremdenwesen und Asyl) for a directive on how to proceed. Generally, the Federal Office for Immigration and Asylum directs that the asylum seeker should be transferred to a federal support facility for admission proceedings. Section 43 (2) (2) of the Federal Office for Immigration and Asylum Procedures Act provides that this can be dispensed with if it is not possible to care for the person in a federal support facility due to unforeseen circumstances. During a visit to the Vordernberg detention centre in February 2016, one of the NPM commissions found that families and women with children were not given places in federal support facilities. The asylum seekers were merely transported to the Leoben train station and left to their fates. Since the commission suspected that these were not isolated cases due to the massive increase in applications for asylum in 2015, the AOB initiated an ex-officio investigative proceeding. The AOB found that between September 2015 and March 2016, a total of 12,405 persons were not provided with shelter in federal support facilities immediately after applying for asylum. The Federal Ministry of the Interior justified the cessation of transfers in autumn of 2015 by stating that the accommodations were being fully utilised. In many cases transit quarters were all that was available for asylum seekers in the near term. Particularly vulnerable groups of persons (such as families with children up to 10 years of age) were affected by this until early December 2015. The situation was further complicated by the fact that persons affected by this cessation of transfers were not given written information regarding possible acceptance in emergency shelters. Federal Government overburdened by providing housing and food to refugees Thanks to voluntary helpers and aid organisations, especially the Austrian Red Cross, the situation did not get completely out of control. Private organisations assisted the state Under the Reception Directive (2013/33/EU), asylum seekers are entitled to an appropriate basic level of reception conditions immediately after filing an application for asylum. The Federal Government is responsible for ensuring these basic reception conditions during admission proceedings. This includes suitable housing, appropriate board, health insurance, pocket money, payment of transportation costs, measures for persons needing care, daily structure for unaccompanied minor refugees, clothing, information and counselling. Only if there are statutory grounds for exclusion (which in no way include shortages of accommodations), is there no claim to a basic level of reception conditions. 57