Investigating human rights
At the Austrian Embassy in Addis Ababa, the son of a recognised convention
refugee applied for family reunification in June 2012. The Austrian
representation authority suggested that the age of the applicant be verified. It
could not be determined beyond any doubt from the expert opinion whether
the family member was a minor at the time the application was filed.
Therefore, the Federal Asylum Office planned a supplementary assessment
in Austria. In the meantime, the Federal Asylum Office received an opinion
rendered by an employee of the Embassy who was not an expert. The Federal
Asylum Office then sent out a negative predictive decision. The AOB did
not find it acceptable, that the Federal Asylum Office did not undertake
additional measures to verify the age of the applicant.
No additional
verification despite
doubts regarding age
In another case, the husband of a Somali woman, who was eligible for
asylum, and their eleven children were not permitted to enter Austria. The
Federal Asylum Office was of the opinion that it was possible to continue
their family life in Ethiopia. The country documentation in the file, however,
made it clear that Somali refugees may not officially work in Ethiopia,
regardless of whether they are registered or not. The AOB was of the opinion
that a joint family life in Ethiopia was unacceptable due to the material
hardship of the situation. A refusal to let them enter Austria prevented the
restoration of the family unit and represented an inadmissible interference
under Section 8 of ECHR.
Family life in a third
country unacceptable
The AOB also identified shortcomings to the delays in the proceedings. It
found that in the case of several family reunifications the Federal Asylum
Office and/or the Federal Office for Immigration and Asylum did not perform
any action for more than six months.
Interference with right to private and family life by the police department of Vienna
It took the police department of Vienna one and a half years to
provide a statement in proceedings for obtaining a residence title on
humanitarian grounds. Fair proceedings must be carried out within a
reasonable period of time. As a result of the delays, the right to private
and family life was violated.
Ms N. appealed to the AOB in December 2013 regarding the length of
her proceedings for obtaining a residence title. She indicated that she was
married to an Austrian citizen since January 2011 and that their child was
born in July 2011.
The investigative proceeding revealed that Ms N. had applied for proceedings
for obtaining a residence title on humanitarian grounds, enabeling her to
maintain her family life in Austria. In March 2012, the competent residence
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