Investigating human rights
(Article 8 ECHR), the particular worthiness of the immigrant for protection or
some other factor worthy of consideration.
In one case, the AOB criticised that an application remained unprocessed for
nine months. When the applicant filed an appeal against delay, the Federal
Office for Immigration and Asylum forwarded the record to the wrong settlement
authority. Only after the initiation of investigative proceedings did the Federal
Ministry of the Interior refer to the competent Federal Administrative Court.
The AOB also found a significant delay in the proceedings in another case.
The Federal Ministry of the Interior conceded that the residence card had been
issued but was not delivered for months since the file could not be found.
The file was only found after the Federal Office for Immigration and Asylum
relocated its offices and then the complainant received his residence permit.
File disappears
Delays in proceedings for obtaining residence title
In general, the settlement authorities are responsible for proceedings for
obtaining a residence title. A closer examination of proceedings in Vienna
showed that the competent body, the municipal department MA 35, did not
always conduct these proceedings in an expeditious manner. Delays are
however also caused when the Federal Office for Immigration and Asylum
is making statements or conducting investigations under the Aliens Police
Authority.
In one case, an applicant did not meet all the prerequisites for obtaining
the residence title. Therefore, the municipal department MA 35 initiated
proceedings to terminate the applicant’s stay and asked the Federal Office
for Immigration and Asylum, as the Aliens Police Authority, for a statement.
The AOB determined that the Federal Office for Immigration and Asylum (the
Police Department of Vienna had jurisdiction until 31 December 2013) took
17 months to make a decision. The Federal Administrative Court ended the
residency ban and remanded the case to the Federal Office for Immigration
and Asylum. Even though the Court clearly described the deficiencies in the
investigative proceedings, the Federal Office for Immigration and Asylum did
not resume the proceedings for more than a year. The AOB complained about
the authority’s inactivity.
Federal Office for
Immigration and
Asylum took no action
for two and a half years
In another proceeding to authorise measures to terminate residence, the AOB
criticised the fact that the Police Department of Vienna did not send its final
report to the Federal Office for Immigration and Asylum in September 2015.
The Federal Office for Immigration and Asylum did not request the file until
January 2016, and then it took no action. The Federal Ministry of the Interior
could not promise any date for concluding the proceedings and justified this
by the heavy workload at the Federal Office for Immigration and Asylum.
The AOB complained that the Federal Office for Immigration and Asylum –
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