Amendment Of The Asylum Act Implementation Regulation 2005

Original Language Title: Änderung der Asylgesetz-Durchführungsverordnung 2005

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Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_II_492/BGBLA_2013_II_492.html

492. Regulation of the Federal Minister for Home Affairs, the asylum law implementation regulation 2005 modifies the

According to the asylum Act 2005 (AsylG 2005), Federal Law Gazette I no 100/2005, as last amended by Federal Law Gazette I no. 144/2013, is prescribed:

The regulation of the Federal Minister of the Interior on the implementation of the asylum Act 2005 (asylum law implementation regulation 2005 - AsylG DV 2005), BGBl. II no 448/2005, as last amended by regulation BGBl. II No 183/2011, is amended as follows:

1. before the heading of section 1, following section heading shall be inserted:

"Article 1

Asylum procedure and cards for asylum seekers and beneficiaries of subsidiary protection'

2. § eliminates 1 para 3.

3. in article 2, paragraph 1 to 3, the phrase "the file number of the respective asylum procedure (AIS number)" is replaced by the phrase "a card number".

4. in article 2, paragraph 1, the last sentence is omitted.

5. in article 2, paragraph 4, the last sentence is:

"On the front of the card in accordance with paragraphs 1 to 3 a card number, which is composed of the file number of the proceedings (IFA number) and a number of individualized the respective card is to install."

6. pursuant to article 2, following section heading shall be inserted:

"Part 2

Residence permit consideration worthy reasons"

7 articles 3 and 4 and headings are:

"The form and content of the residence permit

3. (1) residence permit (§ 54 para 1 AsylG 2005) are called map according to Regulation (EC) No. 1030/2002 on a uniform format of for residence permits for third-country nationals, OJ No. L 157 of the 15.06.2002 S. 1 in the version of amended by Regulation (EC) No. 380/2008, OJ No. granted L 115 of the 29.4.2008 S. 1, and are following the pattern of the system E.

(2) a permit may be granted taking into account worthy reasons as:



1. "residence permission card plus", 2. "resident" or 3 "resident special protection".

(3) the term of the permit information on access to the labour market shall be attached.

Procedure

4. (1) can be to 2005 the authority 6 and 12 AsylG reasoned request by third-country nationals the cure of a defect according to § 8 and § 58 paragraph 5:



1. in the case of unaccompanied minors to safeguard the child's welfare, 2. to maintain the private and family life within the meaning of article 8 of the ECHR or 3. in the case of the non-template of required documents or evidence, if their procurement for the stranger demonstrably not possible or cannot reasonably be was.

(2) intended the authority the request referred to in paragraph 1 back or reject, so has the authority in the proceedings final decision to deny.

8. the previous section 5 receives the paragraph designation of 10 and the previous article 6 the paragraph label 12.

9. According to § 4, following sections 5 through 9 along with headings shall be inserted:

"Photo

§ 5 (1) the photo must color be and the requirements of Regulation (EC) No 1030/2002 on a uniform format of for residence permits for third-country nationals, OJ No. L 157 of the 15.06.2002 S. 1 in the version of amended by Regulation (EC) No. 380/2008, OJ L 115 of the 29.4.2008 comply with S. 1, in particular the required conditions and quality characteristics.

(2) the photograph must not be older than six months and must indicate clearly the applicant. It must be the size of 45 mm x 35 mm in portrait mode. Just smooth and glossy paper without surface structure may be used for the photo. The photograph can have no damage, contamination or unnatural colors.

(3) the photograph must show only the person of the applicant, other people or objects in the photograph are not permitted. The background must be plain bright and may have no pattern.

(4) the head of the person should take up about two-thirds of the image. The eye distance must be at least 8 mm. The photograph must show the person in a frontal shot with unobstructed eyes and neutral facial expression, the skin tones are possible of course to play. A representation of the person with head tilted or rotated is not permitted. The wearing of headgear is allowed only for medical or religious reasons.

(5) the face must be evenly lit and sharp pictured in all areas, high contrast and clear. Shadows in the face and reflections must be avoided. Eyeglasses straps the eyes should be clear and evident.

(6) as far as this index of the level of development of the person or physical conditions, derogations from paragraph 4 are allowed.

Papillar line prints

6. (1) foreigners who apply for a residence permit, have to take part in the acceptance of the Papillar line prints.

(2) there are flat fingerprints of all fingers of the right and left hand to take off, if not 3 to 5 to the application appears.

(3) the residence permit is barriers preclude the acquisition of Papillar line fingerprints of all fingers of both hands not merely for a short period of time or permanently, without this biometric feature.

(4) an impediment pursuant to paragraph 3 to the authority is not clear, the applicant has the authority through medical report to make it believable.

(5) in the case of minors who have not yet completed the sixth year of life, distance is the decrease of the reader.

Form of documents and evidence for residence permit

The documents required according to § 8 in the official-procedure or the submission of and evidence are § 7 (1) to submit the authority both in the original and in copy.

(2) the authority checks the submitted copies to subsequent proportionate or the application in the official-on their full compliance with the original and confirms this with a note on the copy.

(3) documents and evidence which are not written in German, are at the request of the authority, to submit a translation into German in addition.

(4) documents and evidence must be submitted upon request by the authority according to the applicable regulations in certified form.

Documents and certificates for residence permit

8. (1) the following documents and evidence are - without prejudice to other documents and certificates to teach paragraph 2 and 3 - the official-procedure for the issuing of a residence permit (§ 3) or to connect to the application for a residence permit (article 3):



1. valid travel document (§ 2 para 1 Nos. 2 and 3 NAG);

2. birth certificate or these same documents document;

3. identification of the applicant in accordance with article 5;

4. If necessary, marriage certificate, certificate of divorce, partnership deed, certificate about the dissolution of a registered partnership, certificate about the adoption of a child, proof or certificate of the family relationship, death certificate.

(2) in addition to the documents referred to in paragraph 1 and prove AsylG are applying for a residence permit in accordance with article 56 to connect 2005 further documents and evidence:



1. proof of the right of local accommodation, in particular rental or under leases, inventory-legal pre-contracts or proof of ownership;

2. proof of a health insurance covering all risks and debtor in Austria, in particular through an appropriate insurance policy, as long as no case of the statutory compulsory insurance will be or exists;

3. proof of secure livelihood, in particular pay slips, wage receipts, service contracts, legal pre-contracts, confirmations about pension, pension or other benefits, proof of one investment capital, proof of own assets sufficient or where the deadline provided liability declaration or declaration of sponsorship.

(3) a proof of tolerance is in addition to the documents referred to in paragraph 1 and prove the application for a residence permit in accordance with article 57, paragraph 1 Z 1 AsylG 2005 to connect.

(4) the applicant concerning paragraph 2 refers Z 1, 2 or 3 on services or the performance of a committed third party evidence to connect is about each.

(5) the need for the template of the valid travel document (par. 1 Z 1) does not apply for a child within six months after birth, if the child does not have a valid travel document (§ 2 para 1 Nos. 2 and 3 NAG).

Form and content of the certificates on the timely position of an extension application pursuant to section 59 AsylG 2005

§ 9 confirmations about the timely position of an extension application pursuant to section 59 in 2005 are AsylG to exhibit F in the form of a vignette after the pattern of the plant."

10. pursuant to paragraph 9 (new) following section heading shall be inserted:

"Section 3

Final provisions"

11. According to article 10 (new) the following section 11 including heading shall be inserted:

'Transitional provisions

11. (1) before January 1, 2014 issued cards for asylum seekers and beneficiaries of subsidiary protection (sections 50 to 52 AsylG 2005) continue to apply within the validity period and the scope of their authority.


(2) residence permit can be issued in accordance with article 3, paragraph 1 during the period from January 1, 2014, until the expiry of the 31 December 2014 after the pattern of the Appendix G."

12 (new), the following paragraph 5 is added to after paragraph 4 section 12:

"(5) the heading of section 1, sections 1 para 3 and 2, the heading of section 2, sections 3 to 9, including headings, the heading of the 3rd section, pursuant to sections 10 to 12, including headings and the annexes A to G in amended by regulation of the Federal Minister of the Interior, Federal Law Gazette II No. 492 / 2013, enter into force with 1 January 2014." The Appendix G occurs at the end of 31 December 2014 override."

13. the annexes of A are to (D):

(see attachments)

14. After annex D following add attachments to E to G:

(see attachments)

Mikl-Leitner