Investigating human rights authorities sent the file to the Directorate of Security in Vienna (now police department of Vienna) in order to obtain a duly reasoned opinion on the proper measures taken by the Aliens’ Police. Police department did nothing for one and a half years Although the authorities had justified doubts regarding the validity of the marriage that had been performed in Serbia, they waited until October 2013 until they provided their opinion. Furthermore, the police department of Vienna did not include the couple’s child in considering the serious nature of a termination of residence with regard to their actually existing family life. Intrusion under Section 8 ECHR Section 8 of ECHR also protects cohabitation unions that are similar to marriage but that have not been formalised. Even if the authorities could have assumed that a valid marriage did not exist, they should nevertheless have considered the actual cohabitation as a family. In the viewpoint of the AOB, by delaying the provision of an opinion, the police department of Vienna inadmissibly intruded upon the right to private and family life. Reception conditions for asylum seekers In the year under review, the circumstance that the reception centre in Traiskirchen was and is full to capacity due to the sharply increasing number of applications for asylum resulted in headlines in the media. Although the visit of a commission of the AOB in July 2014 did not find any dramatic circumstances, the AOB considers it to be a reasonable step to create several small reception centres, which are all attached to the appropriate Regional Directorate of the Federal Office for Immigration and Asylum. Partial transference of reception conditions under the Basic Provision Agreement to the Laender 58 Up until 2005, reception conditions under the Basic Provision Agreement were the responsibility of the Federal Government and were organised by the Federal Ministry of the Interior. As a result of the agreement between the Federal Government and the Laender in accordance with Section 15a of the Austrian Federal Constitution regarding joint measures for the temporary provision of reception conditions for aliens in Austria who need help and protection [Basic Provision Agreement (Grundversorgungsvereinbarung), Section 15a, Federal Law Gazette 2004/80] reception conditions were partially passed on to the Laender. The following principle applies: the Federal Government is competent in proceedings for admission; after admission to asylum proceedings, the Laender are competent. Currently, the following reception centres exist: Traiskirchen (Lower Austria), Thalham (St. Georgen im Attergau, Upper Austria) and Vienna Airport (Schwechat, Lower Austria).

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