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 – 65

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