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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