STOISITS: NO CITIZENSHIP FOR NEO-LITERATE ASYLUMSEEKERS?
The Sudanese by origin and since July 2011 Austrian citizen turned to the Ombudsman Board this spring due to the long duration of his citizenship procedure. In October 2010, the complainant applied for the extension of his citizenship to his wife, a neo-literate person entitled to be granted asylum. Until January 2011, the wife was not able to present a certificate for A2-level German proficiency and the application for extension was withdrawn. The wife had successfully completed various literacy courses and German integrative courses. However, she had failed the A2 level exam. Now, after a new application for naturalization in accordance with the legal position valid since July 1st, 2011, she will have to fulfill the prerequisites for a B1 level.
The responsible Ombudswoman pointed out to the Minister for the Interior that the regulation made it impossible for neo-literate refugees to obtain Austrian citizenship. Hence, the Ombudswoman suggested to the Minister the provision of an exemption regulation, which regards verifiable efforts to learn German as sufficient.
However, the Ministry for the Interior informed that the new required and higher B1 level does not represent a structural obstacle for obtaining the Austrian citizenship. It rather expresses the special meaning of learning the German language for a successful integration. These requirements are to be met also by persons entitled to seek asylum who try to obtain the Austrian citizenship, also by neo-literates.
The Ombudsman Board takes the view that the new legal situation presents an insuperable obstacle for obtaining citizenship for this specific group. Refugees, different from immigrants, have left their countries due to persecution, torture and abuse. Hence, they have not been able to obtain information concerning future legal requirements.