The reformed Common European Asylum System (CEAS) requires all Member States to establish an independent monitoring mechanism. This is intended to ensure that human rights are respected during the new screening and asylum border procedures at the EU’s external borders. In Austria, the legislature has entrusted the Austrian Ombudsman Board
with this task. To this end, the Austrian Ombudsman Board has appointed the Federal Commission, which has previously been responsible for the prison and correctional services. Judith Kohlenberger has been appointed head of the devision responsible for visiting the facilities where the screening and border procedures are to take place.
The screening procedure, which must be carried out at the start of every asylum procedure, serves to record the details of incoming persons. It includes, amongst other things, identification, a preliminary health check and a security check. Only once the screening has been completed is the asylum procedure or a return procedure initiated. As an independent monitoring body, the Austrian Ombudsman Board checks whether access to the asylum procedure is guaranteed, whether the best interests of children are being taken into account, and whether detentions comply with the requirements of EU and international law. Should there be substantiated allegations of human rights or fundamental rights violations, these are investigated immediately and, where appropriate, inquiries are launched.
Provision is also made for review by the independent monitoring mechanism in the border procedure. This accelerated asylum procedure is carried out following the screening, provided certain conditions are met (low likelihood of the asylum seekers in question being granted asylum). The Austrian Ombudsman Board monitors the lawful application of this accelerated procedure and ensures that these individuals are provided with appropriate care and accommodation during the proceedings.
As an independent monitoring body, the Austrian Ombudsman Board checks whether access to the asylum procedure is guaranteed, whether the best interests of children are being taken into account, and whether detentions comply with EU and international law.
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