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.
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