Investigating human rights
for Immigration and Asylum was not at fault for the excessive length of the
proceedings. In view of the substantial increase in personnel and the extension
of the statutory decision-making period, the AOB did not understand this
rationale.
In 2016, several asylum seekers complained that they did not receive a
written record of their initial questioning. Neither the Federal Ministry of the
Interior nor the AOB could verify this, since no documentation of the receipt
of the written record was made. The Federal Ministry of the Interior stated
that the form “Initial questioning regarding an application for asylum” was
used for the initial questioning. Thereafter, a carbon copy of the record of
the questioning is offered and delivered, if necessary, although there is no
automatic statutory obligation to make such a delivery. At first, there was no
requirement of documentation. Then the form was supplemented so that the
asylum seeker can confirm receipt of a copy of the initial questioning or waive
receipt.
Delivery of a written
record
Asylum - length of proceedings before the Federal Administrative
Court
The complaints of asylum seekers regarding the length of their appeal
proceedings significantly decreased in recent years: from 974 in 2014 to 238
in 2015. In 2016, only 152 persons contacted the AOB. In this reporting year,
the AOB found that in 80% of these cases (123), the duty to issue a decision
within the legal deadlines had been violated, thus constituting a delay on
the part of the Federal Administrative Court. In contrast to the Federal Office
for Immigration and Asylum, the deadline for issuing a decision is still six
months for the Federal Administrative Court.
Decrease in appeals
The most complaints were made by asylum seekers from Afghanistan (72) and
Somalia (26). Others came from Iran, China, Bangladesh, Pakistan, Eritrea,
etc. As with the complaints against the Federal Office for Immigration and
Asylum, most of the complainants in these cases were men.
A total of 31 complaints related to proceedings pending since 2016. A
total of 53 complaints related to proceedings pending since 2015. 28
persons complained about proceedings pending since 2014 and six persons
complained about proceedings pending since 2013. Eight complaints related
to proceedings pending since 2012 and two related to proceedings pending
since 2011. In one of the last-named complaints, it was confirmed that the
Federal Administrative Court had actually failed to decide the case for five
years. The Federal Administrative Court decided the appeal of a man from the
Congo in June 2016.
63
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