Investigating human rights sent the file to the Regional Administrative Court in Vienna in January 2014, which issued a decision in April 2014. For months, the Federal Ministry of the Interior took no steps – or only inadequate steps in proceedings that were substantively easy to resolve. Assuming that the appeal was submitted to the Federal Ministry of the Interior in October 2013 – if not sooner – the AOB determined that the proceedings were pending for about 15 months without a decision being made. Was detention pending forced return not possible? With respect to the question of whether placement in detention pending forced return was an option, the Federal Ministry of the Interior stated that there was no statutory basis for securing the issuance of a return decision since the man was present in person at the issuance of the notice in June 2014 after he was brought before the Federal Office for Immigration and Asylum. However, placement in detention pending forced return to ensure deportation was not possible since, under the settled case law of the Administrative Court of Austria, detention pending forced return may not be ordered when it has already been determined that deportation is not feasible. However, when the Aliens’ Police Act (Fremdenpolizeigesetz) was most recently amended (2017), the Federal Ministry of the Interior used this case as grounds for including a provision taking criminal conduct into account in determining whether detention pending forced return may be imposed. The AOB is unclear as to the specific circumstances that caused the Federal Office for Immigration and Asylum to decide that deportation of a man who apparently had no fixed address was not feasible. “Uncertainties” with respect to the cooperation of Kenya – which was cited by the Federal Ministry of the Interior – exist with many countries in Europe, and especially outside of Europe. The Federal Ministry of the Interior pointed out that Kenya has never issued a repatriation certificate since the Federal Office for Immigration and Asylum began operating on 1 January 2014. This does not answer the question of how many of these documents were requested in this period. Repatriation certificate impossible to obtain? Based on the published asylum statistics, the AOB assumes that applications for asylum from Kenyan nationals are not a mass phenomenon – nor is illegal immigration from this country. For a year after the return decision was issued, the Federal Office for Immigration and Asylum did not attempt to implement it, but took the first steps in June 2015 when the man was picked up as a homeless person – apparently by accident. In July 2015, the Federal Office for Immigration and Asylum sent a form sheet and an urgency letter to the Kenyan embassy to obtain a repatriation certificate. The AOB criticised that the Federal Office for Immigration and Asylum never considered placing the man in detention pending forced return, even though he had no fixed address and a criminal record. The Federal Office for Immigration and Asylum assumed that deportation was not feasible in this particular case – without making an attempt or any enquiries. Not until May 2016, i.e. about 68