Long waiting periods in asylum proceedings. What now?
Long waiting periods in asylum proceedings. What now?
You have been waiting for a decision from the Federal Asylum Office (FAO) or the Federal Asylum Court (FAC) for months?
You have already lodged an asylum application and nothing has happened for some years?You have received a negative decision (first negative) from the FAO three years ago, lodged an appeal, and still there is no invitation?
You have renewed your subsidiary protection and up till this day do not have a decision?
You have already had a hearing at the FAC and are awaiting a decision for more than two years?
You ask yourself, " What can I do now?"
If a proceeding is extended and there no decision in sight, a lawyer can help. At our consultation we can present you with different options, i.e., complaint, and together a solution can be found.
REPORT
A short time ago, a client came to us, who had lodged an asylum application in 2013, had received a negative decision and appealed it
.
Nothing has happened since then, despite waiting for more than six years.
A lawyer can accelerate the proceeding!
There are several ways to get an answer:
• Legal call / email
We recently had a client with us who had been waiting for a hearing at the Federal Asylum Court for more than a year. After a short call to the responsible clerk, he received a summons for a hearing a week later.
• Personal visit with the FAO
Some time ago, an employee of the law firm had to go to the FAO for an interview and used the opportunity before the interview to speak to an officer about an early interview for another client. The officer was very friendly and sent the client an invitation a short time later.
• Complaint due to delay
If you have been waiting for a decision from the FAO for more than six months since you have applied for asylum, you can file a complaint due to delay (Säumnisbeschwerde) to the Federal Asylum Court. This gives the FAO a limit of three months to make a decision.
One day a client,who had been waiting for a decision from the FAO for more than a year since he applied for asylum, came . We filed a complaint due to delay and then two weeks later a decision came.
• Application for setting a deadline
If you have been waiting for a decision by the FAC for more than six months since the appeal was lodged, you can file a application for setting a deadline to the FAC. This gives FAC a limit of three months to make a decision.
One day a client, ho had been waiting for a decision for more than two years since the appeal was made, came. We applied for setting a deadline and a decision came after two months.
It doesn't always make sense to get a decision right away.
Before you take specific steps, contact a lawyer. It doesn't always make sense to receive a prompt decision as there are strong and weak cases.
The lawyer should first inform you about your situation and chances.
Weak and strong cases - different strategies necessary!
Strong case:
A strong case exists when there are obvious asylum grounds where the Federal Office has primarily issued positive decisions in recent years.
Examples:
A Somali woman has a daughter who is not circumcised. The daughter already has a positive decision. However, the mother is waiting for a decision. There are asylum grounds due to forced genital mutilation in Somalia.
An Afghan family with daughters has been waiting for a decision at the Federal Asylum Court for years. The mother and children are very integrated, speak German, and also appear very western. Since the mother and daughters have asylum grounds due to their western orientation, the family can also receive asylum.
Weak case:
A weak case exists when there are no evident asylum grounds, the situation at home (country of origin) has improved in terms of security, care, there is regular contact with one's large family, and the FAO has regularly issued negative decisions for asylum seekers from this country in recent years.
Examples
A Nigerian came to Austria and applied for asylum because he was threatened by a cult at home. He has been waiting for a decision for a long time and has not integrated in the meantime, nor can he provide any other humanitarian reasons - see article. As a rule of thumb, a weak case can be assumed.
An Indian recently applied for asylum because he has a dispute with a neighbor and is being persecuted by his family. Since India is classified as a "safe country", he has not been in Austria for long, otherwise has no special humanitarian reasons; the chances of receiving a positive decision are slim.
Our recommendation: Schedule a consultation
What are my next steps?
1. Contact a lawyer and schedule an appointment.
2. Receive cousel and determine if you have a strong or weak case.
a. Regarding strong cases:
i. Hire the lawyer to contact the Federal Asylum Office.
ii. Hire the lawyer to file a complaint due to delay or application for a setting a deadline.
b. Regarding weak cases:
i. Integration, Integration! Learn the German language, become a member of NGOs, organizations, look for work (also voluntary), form friendships with Austrians, do not become criminally active. This is the best prepartion until a decision comes.
Schedule a consulation with the lawyer
In short, a lawyer can help to expedite the proceeding and deliver results even in a few weeks. That however is not always the right decision.
Call me at 0650 7283562 or write me at office@anwaltklammer.com
to schedule an appointment for EURO 150. At the appointment we can inform you about what the best approach in your case should be.
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