Independent Federal Asylum Senate
The Independent Federal Asylum Senate ( UBAS ) was an Austrian federal authority that was responsible for appeals in asylum procedures from 1998 to 2008 .
Establishment
The UBAS was established in order to reduce the increasing burden on the Administrative Court from asylum procedures. This took place at the constitutional level with the B-VG amendment, Federal Law Gazette I No. 87/1997, with which Art. 129c was inserted into the B-VG . The Federal Act on the Independent Federal Asylum Senate, Federal Law Gazette I No. 77/1997, was issued in implementation of Art. 129c (7). The UBAS began its work on January 1st, 1998 on this legal basis.
tasks
The Independent Federal Asylum Senate was the appeal authority in asylum proceedings (the Federal Asylum Office decides in the first instance).
organization
The UBAS was an independent administrative senate, but in contrast to the nine UVS in the federal states , it was a federal authority. Like the UVS in the federal states, it was an administrative authority within the meaning of Austrian constitutional law and at the same time a court within the meaning of the European Convention on Human Rights and European Union law . The seat of the UBAS was Vienna ; a branch was set up in Linz .
The UBAS consisted of a chairman, his deputy and the required number of other members who had to be legally qualified. The members of the UBAS were not subject to instructions and were independent. The UBAS also had academic staff (with a degree in law ) and speakers with a high school diploma, who supported the UBAS members in their decision-making activities with preparatory work, as well as auxiliary staff (such as staff for office and typing services).
Decision making
The decisions were made almost exclusively by individual members; in special cases, such as so-called lead decisions, by senates. It was possible for the asylum seeker concerned to appeal to the Administrative Court (which has changed with the establishment of the Asylum Court ). The Federal Minister of the Interior was entitled to lodge an official complaint against decisions of the UBAS both in favor of and to the detriment of an asylum seeker to the Administrative Court.
resolution
On December 5, 2007, the National Council decided to set up an Asylum Court (AsylGH) in Austria for appeals and default complaints in asylum matters . The Asylum Court began its work on July 1, 2008, replacing the previously existing UBAS.
Web links
Coordinates: 48 ° 10 ′ 38.8 " N , 16 ° 22 ′ 24.4" E