Investigating human rights
which is limited to the facts found by the municipal department MA 35 in the
extension of proceedings – took no steps for several months.
In both cases, the Federal Ministry of the Interior argued that the statutory
decision-making deadline is not applicable to proceedings to authorise
measures to terminate residence. As a consequence, the Federal Office for
Immigration and Asylum could not be in delay. The law with respect to
proceedings to authorise measures to terminate residence actually does not
set deadlines for initiating such proceedings or issuing decisions. However, in
the view of the AOB, this does not give the Federal Office for Immigration and
Asylum carte blanche to take no action for months and years.
Confusing entry in the
information system
When reviewing the length of a proceeding to extend a residence permit, the
AOB found that, already on the day the application was filed, MA 35 noticed
the following entry in the Electronic Information System of the Austrian
Criminal Police (Elektronisches Kriminalpolizeiliches Informationssystem;
EKIS): “Authorisation of measures to terminate residence”. That same day,
the municipal department MA 35 sent a written request for clarification to the
Federal Office for Immigration and Asylum. However, there was no response to
the enquiry for more than seven months. Not until the municipal department
made a telephone enquiry did the Federal Office for Immigration and Asylum
state that it never had any concerns regarding the issuance of a residence
permit.
The Federal Ministry of the Interior stated that it had compiled numerous
records containing personal data from several electronic registers at the end
of 2013. The EKIS entry was the result of technical problems during data
migration – as in many other cases. However, an additional notation made
it clear to all EKIS users that no proceedings under immigration law were
pending in the specific case.
Federal Office for
Immigration and
Asylum takes months
to answer
66
In the view of the AOB, the confusing EKIS entry raised questions with the
settlement authority and thereby caused an unnecessary delay in the
proceedings for obtaining a residence title. The Federal Ministry of the Interior
regretted the untimely response to the enquiry and justified it by reference to
the heavy workload at the Federal Office for Immigration and Asylum at that
time.
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