suggested that the problems lay in the political realm. Pursuant to
court rulings by the highest courts, being overworked does not automatically absolve an authority in cases of slowness in processing.
However, obviously the Asylum Court was and is dependent on the
funding and personnel resources available to it. The Independent
Federal Asylum Senate drew attention to its personnel shortage as
long as 10 years ago, but there was no response from the political
realm.
Since it was founded in July 2008, the Asylum Court has received
around 50,000 proceedings to process, of which around a half were
existing proceedings. In total it has been able to process two-thirds
of the proceedings. 80% of new proceedings involving a complaint have been processed within the statutory deadlines. However,
based on current planning it will be late 2011 or early 2012 before
all existing proceedings will have been closed and decisions made
regarding new complaints (within the statutory deadlines), i.e. a year
later than originally planned. The AOB has therefore advised that
comprehensive support be given to the Asylum Court in its work, to
prevent a large backlog of proceedings. The President of the Asylum
Court has assured the AOB that it is on the right track. However, the
Asylum Court has also stated that due to being short staffed, and
in light of the heavy workloads on its staff, a speedy solution is not
going to be feasible.
Asylum Court claims
to be on the right track
ALIENS POLICE AUTHORITY SLOW IN PROCESSING
There have been repeated cases of despairing individuals contacting the AOB because proceedings handled by the Aliens
Police Authority seem to go on endlessly.
On several occasions the AOB has reminded the authority that for
example investigations regarding possible sham marriages have
to be completed within three months. The goal of this is to prevent
delays in residence permit proceedings. Among the complaints in
2010, in many instances there were also problems with family member residence permits, as the following cases show.
Authorities must keep
to statutory deadlines
Vienna City Administration MA 35 sent a file to the Aliens Police
Authority office of the Federal Police Directorate Vienna, because it
suspected a sham marriage in proceedings for granting a family
Six months
of waiting
25
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