Federal agency for care and support services

from Wikipedia, the free encyclopedia
Federal agency for care and support services company with limited liability
legal form GmbH
founding 20th June 2019
Seat AustriaAustria Vienna
management Managing director Andreas Achrainer

The Austrian Federal Agency for Care and Support Services Limited Liability Company (abbreviated BBU GmbH ) is a company owned by the Republic of Austria and is to take care of asylum seekers from July 1, 2020, which is the responsibility of the Federal Ministry of the Interior .

background

Asylum seekers in the initial reception centers were originally looked after by non-governmental organizations such as Caritas or the Red Cross . The Republic of Austria paid compensation for this. Under Interior Minister Ernst Strasser , the care of asylum seekers was privatized and, with effect from July 1, 2003, assigned to the German company European Homecare .

Due to financial difficulties at European Homecare, the care of the asylum seekers was assigned to ORS Service GmbH (a subsidiary of the Swiss ORS Service AG) after a new tender . In the course of the refugee crisis in 2015 and in the National Council election campaign in 2017, the FPÖ repeatedly called for an end to care by private companies and non-governmental organizations and a return to state care. The then Interior Minister Herbert Kickl announced in October 2018 that it would be implemented in the form of a federal agency for care and support services and that activities would start between 2019 and 2020. This point in time could not be met due to contractual obligations.

In addition to looking after asylum seekers, the agency will also provide legal advice to asylum seekers, which until then was also carried out by private non-governmental organizations such as Diakonie .

The BBU Establishment Act was passed in the National Council on May 16, 2019 and entered into force on June 20, 2019. The start of the activity has now been fixed for July 1, 2020 or January 1, 2021.

tasks

The tasks of the BBU GmbH are defined in Section 2 of the BBU Establishment Act. Accordingly, the Federal Agency is responsible for looking after asylum seekers in the initial reception centers in Traiskirchen and Thalham as well as in the other federal care centers for asylum seekers until the responsibility for the care is transferred to the federal states . The Federal Agency has to provide this support from July 1, 2020.

From January 1, 2021, the Federal Agency will also be responsible for providing legal advice to asylum seekers in proceedings before the Federal Office for Immigration and Asylum (BFA) and in the event of a complaint against a decision by the BFA or a complaint against default in proceedings before the Federal Administrative Court, as well as advice on return and return assistance. The Federal Agency also provides human rights monitors to monitor deportations and interpreters for proceedings before authorities. The employees of the Federal Agency who perform such tasks are not subject to instructions.

Around 110 people are to be employed as legal advisors, and in 2021 373 people are to be employed with basic services.

organization

The company's organs are the managing directors and the supervisory board. The BBU Establishment Act provides for one or more managing directors to be appointed by the Interior Minister. The department head for legal advice is to be appointed by the Minister of Justice . The supervisory board has twelve members, six of which are appointed by the interior minister, one by the finance minister, one by the justice minister and four by the works council. Decisions are made with a majority of votes; in the event of a tie, the chairman, who is appointed by the Minister of the Interior, decides.

The lawyer Andreas Achrainer was appointed managing director.

criticism

The establishment of the agency was criticized by numerous non-governmental organizations, lawyers and the opposition. Amnesty International believes that the law fails to focus on the fundamental rights of those affected. The Diakonie criticized the fact that the implementation once again did not make a positive contribution to refugee protection and that the principle that those who also need protection should receive protection would be given up.

Well-known lawyers, including Manfred Nowak , Heinz Mayer and Clemens Jabloner as well as the member of the National Council Irmgard Griss ( NEOS Club), urged independent organizations to continue providing legal advice in an open letter. This demand was also supported by ÖVP politician Othmar Karas .

NEOS asylum spokeswoman Stephanie Krisper stated that it contradicts the rule of law that legal advice is subject to the same authority as the officials responsible for the content.

See also

Individual evidence

  1. ↑ The refugee supervisor ORS is threatened with dismissal. In: addendum.org. February 2, 2018, accessed October 17, 2018 .
  2. ^ Kickl: New asylum agency is coming. In: oe24.at. October 16, 2018, accessed October 17, 2018 .
  3. ↑ Irene Bricker: What makes the new asylum agency a post paradise. In: derstandard.at. July 9, 2019, accessed December 14, 2019 .
  4. ↑ Federal Law Gazette I No. 53/2019. June 19, 2019, accessed December 14, 2019 .
  5. ↑ Karl Ettinger: New Asylum Agency in 2021 in full operation. In: wienerzeitung.at. Republic of Austria, March 15, 2019, accessed December 14, 2019 .
  6. ↑ a b New asylum agency should bring savings in refugee counseling. In: kurier.at. December 6, 2019, accessed December 14, 2019 .
  7. ↑ OPINION on the draft of a federal law by which the Federal Agency for Care and Support Services establishes a limited liability company and changes the BFA Procedural Act, the Asylum Act 2005 and the Basic Welfare Act - Bund 2005 (BBU Establishment Act - BBU-G). (PDF) In: parlament.gv.at. Amnesty International Austria, April 12, 2019, accessed December 14, 2019 .
  8. ^ Opinion by Diakonie Österreich on the federal law by which the Federal Agency for Care and Support Services establishes a limited liability company and changes the BFA Procedural Act, the Asylum Act 2005 and the Basic Welfare Act - Bund 2005 (BBU Establishment Act - BBU-G). (PDF) In: parlament.gv.at. Diakonie Österreich, April 12, 2019, accessed on December 14, 2019 .
  9. ↑ Irene Bricker: Refugees: Protest against "nationalization of legal advice". In: derstandard.at. May 16, 2018, accessed December 14, 2019 .
  10. ↑ Criticism of Kickl plans for legal advice for refugees. In: derstandard.at. November 19, 2018, accessed December 14, 2019 .