any steps for the period of one year since the first enquiry. Other enquiries by the AOB in April and October 2012 had the same result.
Thus, the proceeding has been pending for three and a half years
without the Asylum Court having undertaken even a single procedural step. This investigative proceeding represents many other cases.
Inadequate assistance
by the Asylum Court
Unfortunately, the cooperation with the Asylum Court is flawed. The
Asylum Court responds to enquiries by way of form letters without
going into the individual case. Subsequently, enquiries in cases where
the AOB had received a form response were again answered with just
such a form letter. Proceedings, in which the Asylum Court had held
out the prospect of a judicial proceeding or the conclusion of a proceeding – albeit within a longer time frame – are merely designated as
“not yet concluded” in the case of an enquiry. The Asylum Court does
not provide reasons why originally made promises are not kept. The
AOB regrets this development deeply, as it presumes that the Asylum
Court should also be interested in an improvement of the situation.
System of judicial protection is not efficient
The Austrian Constitutional Court presumes that the legal system
must provide an efficient system of judicial protection (Collection of
decisions of the Austrian Constitutional Court 14.702/1996). Institutions providing judicial protection are included in the fundamental
principles of the Constitution. The Asylum Court is such an institution
providing judicial protection that had been established under constitutional law. However, the Austrian Constitutional Court also requires a minimum of actual efficiency to benefit persons seeking legal
recourse (Collection of decisions of the Austrian Constitutional Court
11.196/1986 and many more). This means that the Asylum Court
must handle a petition within a reasonable period of time. Proceedings of such length do not meet these requirements. It is not merely
a matter of a few proceedings, but a significant percentage of them.
Systemic deficiencies?
Therefore, systemic deficiencies must be presumed, for example, too
few personnel or structural deficits in the distribution of cases. The
Asylum Court has said that despite the increase in complaints, the
number of pending proceedings has gone down. Nevertheless, from
the AOB’s perspective, there is reason to fear that the backlog will be
passed on to the Federal Administrative Court, which will have jurisdiction from 1 January 2014.
Individual case: VA-BD-I/1004-C/1/2011, AsylGH-AsylGH 100.920/0775-Präs/2011;
VA-BD-ASY/0437-C/1/2012, AsylGH-AsylGH 100.920/0706-Präs/2011 and many others
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