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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