Police Directorate Vienna should have obtained supplementary reports in order to clarify the practice of the Hungarian asylum authorities. It should have addressed the potential violations of fundamental rights with greater care. Additionally, the AOB repeated its suggestions to include information about possible judicial protection remedies before the European Court of Human Rights in the information summary about the purpose of detention pending deportation (see Annual Report 2011, p. 149 et seqq.) Individual case: VA-BD-I/0012-C/1/2012, BMI-LR2240/0169-II/3/2012 Federal Asylum Office disregards the right to private and family life In several family proceedings under the Asylum Act, the Federal Asylum Office refused and/or prevented entry into Austria of family members and intervened in the right guaranteed by the Constitution of private and family life being respected pursuant to Section 8 of the European Convention on Human Rights. Duty to protect on the part of the State Section 8 of the European Convention on Human Rights obligates the state to effectively respect family life (Austrian Constitutional Court dated 27.6.2008, case no. 246/07). “Family” includes all family members connected by way of blood relationship, marriage or adoption who are actually living together or whose relationship consists of a dependent relationship. The Asylum Act enables family members of persons who are eligible for asylum or beneficiaries of a subsidiary protection to file an application for entry into Austria at an Austrian embassy or consulate abroad. Family members must be given visas for entry if the Federal Asylum Office informs the embassy that family members will probably be given the same protection as the reference person. Pursuant to the Asylum Act, only the wife or husband, unmarried, minor children and parents of a minor, illegitimate child fall under the term “family members". With regard to spouses, the marriage must have already existed in their home country. 86

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