Investigating human rights
the affected persons or the Federal Ministry of the Interior informed the AOB
that the proceedings had been concluded.
A total of 974 complaints related to proceedings that had been pending since
2015. 283 complaints related to proceedings from 2014, and 32 complaints
related to proceedings from 2013. The longest proceedings began in 2011 and
related to Afghan and Algerian asylum seekers. Both proceedings had already
gone through several appeals and were again pending before the Federal
Office for Immigration and Asylum.
Persons from
Afghanistan filed the
most complaints
Asylum seekers from Afghanistan filed the most complaints (300). The second
largest group of complaints came from Iraqis (236) and the third largest came
from Somalis (230). Many complainants came from Syria (186) and Iran (70);
others came from Russia, Pakistan, Nigeria and other countries.
The most complaints filed with the AOB were directed against the Regional
Directorates of Tyrol (606) and Upper Austria (410). The number of complaints
filed against the Regional Directorates of the other Laender were distributed as
follows: Vienna – 163; Lower Austria – 60; Styria – 89; Carinthia – 13; Salzburg
– 10 and Vorarlberg – 2.
Even minors have a
long wait
About 80% of the complainants were men. Unaccompanied female refugees
primarily came from Africa, e.g. Somalia. Most of the unaccompanied minor
asylum seekers who contacted the AOB were young men. There were also
delays in processing these unaccompanied minor asylum seekers, i.e. children
under the age of 14. Thus, proceedings with respect to a young man born in
Syria in October 2002, which began in November 2015, were still not concluded
in July 2016. An Afghan boy, who was 10 years old when the complaint was
filed, had been waiting since August 2014 for the proceedings to be concluded.
It was promised that he would be questioned by the end of 2016.
There is no doubt that the enormous increase in complaints is connected to
the huge migration wave in 2015. Therefore, a backlog in the proceedings
was to be expected. On the other hand, the staffing at the Federal Office for
Immigration and Asylum was increased by several hundred persons. It is very
likely attributable to the influence of the Federal Ministry of the Interior, that
parliamentary negotiations on the Immigration Law Amendment Act 2016
resulted in changes of Section 22 (1) of the 2005 Asylum Act (Asylgesetz). As
a consequence, the six-month decision-making period in effect up until then
was extended to 15 months as of 1 June 2016.
Appeals to the Federal
Administrative Court for
breach of duty to reach
a decision
62
Starting in the autumn of 2016, the AOB observed an increase in appeals to
the Federal Administrative Court against the administration’s failure to reach
a decision. Decisions of the Federal Administrative Court dismissing such
appeals at the request of the Federal Ministry of the Interior were noteworthy.
The rationale was that the large number of applications for asylum constituted
an “unavoidable and insurmountable event”, and therefore the Federal Office
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