Investigating human rights
Information regarding
the conclusion of
proceedings
Since 2013, the Federal Administrative Court (formerly the Asylum Court) has
regularly informed the AOB of the conclusion of any proceedings that were the
subject of AOB complaints. The following figures on closings were announced:
2016: 152 complaints, 28 proceedings concluded; 2015: 238 complaints, 102
proceedings concluded; 2014: 974 complaints, 444 proceedings concluded;
2013: 683 complaints, 366 proceedings concluded.
Delays in family reunification
15 complaints against
the Federal Office for
Immigration and
Asylum
For years the AOB has complained that the Federal Office for Immigration
and Asylum prevents or delays the entrance of relatives. However, Article 8
of the European Convention on Human Rights (ECHR) requires the state to
respect family life. A total of 15 persons complained in 2016 – primarily about
the time it took for family reunification under the Asylum Act. Of these, seven
complaints were justified.
A spouse, unmarried minor children and the parents of an unmarried minor
child are “family members” under the Asylum Act. These relatives of persons
who are eligible for asylum and beneficiaries of subsidiary protection, can
file applications for entry with an Austrian representation abroad. Family
members must be given visas for entry if the Federal Office for Immigration
and Asylum informs the embassy that the family members will likely be given
the same protection as the reference person.
Federal Office for
Immigration and
Asylum protracts the
proceedings
The AOB considers it important to make a precise determination of whether
the applicant is actually a family member, in order to prevent abuse. The
AOB also understands that determinations in family proceedings can take
time. However, the Federal Office for Immigration and Asylum should avoid
unnecessary delays so as to implement the right to family life in practice.
In one family proceeding, the AOB complained that the Federal Office for
Immigration and Asylum took more than eight months before initiating an
examination into whether an applicant was a family member. Not until the
AOB initiated investigative proceedings did the Federal Office for Immigration
and Asylum schedule a questioning session with the husband, who was living
in Austria. The Federal Ministry of the Interior promised to issue a probability
analysis by the end of March 2017.
Delays in issuing residence permits on humanitarian grounds
Federal Office for
Immigration and
Asylum delays
proceedings
64
The Federal Office for Immigration and Asylum also delayed proceedings to
obtain residence permits. In addition to asylum matters, the responsibility
of the Federal Office for Immigration and Asylum also covers the granting
of residence permits on humanitarian grounds. The basis for such
residence permits can be the protection of private and family life in Austria
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