STOISITS: 19 Months Wait For Conclusion of Citizenship Procedure

A family turned to the Ombudsman Board after the family's citizenship procedure had been concluded only after an excessive period of time. The father had applied for citizenship for himself and his family in the middle of February, 2004. By decision of the Land Government of Upper Austria issued at the end of March, 2011, citizenship was denied. Beforehand the family had also applied for asylum. The asylum procedures were concluded after seven years and the family had to wait another 19 months for the conclusion of their citizenship procedure. What led to the procedure's long duration?

In its statement the Land Government of Upper Austria argued that the status of the family concerning its entitlement for asylum presented an essential preliminary question with regard to the granting of citizenship. The conclusion of the asylum procedure had to be awaited. This had led to the excessive waiting period.

The responsible Ombudswoman pointed out that a decision which interrupts an administrative procedure due to a preliminary question is exclusively effective until the procedure during which the preliminary question is cleared undergoes decision. Also in the case of a factual suspension – as in this case – of the procedure a delay caused by the authority can only be avoided if the procedures have been concluded. In spite of the conclusion of the asylum procedure after seven years the Land Government of Upper Austria however waited for another 19 months before concluding the citizenship procedure.

The complaint filed due to the procedure's long duration was justified. The preliminary question had been cleared beforehand and there was no reason for not issuing a decision concerning the citizenship procedure in spite of numerous inquiries of the affected party. The responsible Ombudswoman also described the tardiness which amounted to 19 months as grave. The authority was solely responsible for the long waiting period.

The authority's objection according to which the procedure had been delayed due to the "insistence on a positive outcome", as well as to the "intransigence of the applicants in regard to the negative stand of records and hence the impossibility of a positive conclusion of the citizenship procedure" was dismissed as implausible by the Ombudsman Board.

The responsible Ombudswoman recognized a grievance in the administration after having analyzed the delays which had been caused by the Land Government of Upper Austria.