Amendment Of The Asylum Act Implementation Regulation 2005

Original Language Title: Änderung der Asylgesetz-Durchführungsverordnung 2005

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492. Regulation of the Federal Minister for the Interior, amending the Asylum Act-Implementing Regulation 2005

On the basis of the Asylum Act 2005 (Asylum G 2005), BGBl. I n ° 100/2005, as last amended by the Federal Law BGBl. I No 144/2013, shall be arranged:

The Regulation of the Federal Minister of the Interior for the Implementation of the Asylum Act 2005 (Asylum Act-Implementing Regulation 2005-Asylum G-DV 2005), BGBl. II No 448/2005, as last amended by the BGBl Regulation. II No 183/2011, shall be amended as follows:

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

" 1. Section

Asylum procedures and cards for asylum seekers and subsidiary protection beneficiaries "

2. § 1 (3).

3. In § 2 (1) to (3), the word order shall be "the number of files of the respective asylum procedure (AIS number)" through the phrase "a card number" replaced.

4. In § 2 (1), the last sentence is deleted.

5. In § 2 para. 4, the last sentence is:

"On the front of the cards referred to in paragraphs 1 to 3, a card number consisting of the number of files of the procedure (IFA number) and a number which individualizes the card in question shall be affixed."

6. In accordance with § 2 the following section heading is inserted:

" 2. Section

Residence permit for reasons worthy of consideration "

7. § § 3 and 4 together with the headings are:

" Form and content of residence permits

§ 3. (1) Residence title (Article 54 (1) of the Asylum Act 2005) shall be used as a card in accordance with Regulation (EC) No 1030/2002 laying down a uniform format for residence permits for third-country nationals, OJ L 327, 31.12.2002, p. No. 1. as amended by Regulation (EC) No 380/2008, OJ L 327, 30.12.2008, p. No. OJ L 115, 29.4.2008, p. 1, and are based on the model of Annex E ,

(2) A residence permit for reasons worthy of consideration may be granted as:

1.

"residence authorisation card plus",

2.

"residence permit" or

3.

"residence permit of special protection".

(3) The name of the residence permit shall be accompanied by appropriate information on access to the labour market.

Procedure

§ 4. (1) On the basis of a reasoned request by third-country nationals, the Authority may authorise the healing of a defect in accordance with § 8 and § 58 (5), (6) and (12) of the Asylum Act 2005:

1.

in the case of an unaccompanied minor, in order to safeguard the best interests of the child,

2.

for the maintenance of private and family life within the meaning of Article 8 of the ECHR, or

3.

in the case of non-submission of required documents or evidence, where it is demonstrably not possible or not reasonable for the foreigner to obtain their procurement.

(2) If the Authority intends to reject or reject the application as referred to in paragraph 1, the Authority shall issue a decision on the application in the final decision.

8. The previous § 5 is given the paragraph number 10 and the previous § 6 is given the section title 12.

9. According to § 4, the following § § 5 to 9 together with the headings are inserted:

" Light Image

§ 5. (1) The photograph must be coloured and must comply with the requirements of Regulation (EC) No 1030/2002 laying down a uniform format for residence permits for third-country nationals, OJ L 327, 31.12.2002, p. No. 1. as amended by Regulation (EC) No 380/2008, OJ L 327, 30.12.2008, p. No. 1, in particular the required recording methods and quality characteristics.

(2) The photograph must not be older than six months and must be clearly identified by the applicant without any doubt. It is to be delivered in portrait format with a size of 45 mm x 35 mm. Only smooth and glossy paper without a surface structure may be used for the light image. The photograph shall not have any damage, impurities or unnatural colours.

(3) The photograph shall only show the person of the applicant, other persons or objects in the photograph shall be inadmissible. The background must be light-colored and must not have any patterns.

(4) The head of the person shall take about two-thirds of the image. The distance between the eyes must be at least 8 millimetres. The light image has to show the person in a frontal image, with uncovered eyes and neutral facial expression, the skin tones are to be reproduced as naturally as possible. A representation of the person with an inclined or turned head is inadmissible. The wearing of headgear is only permissible for medical or religious reasons.

(5) The face must be evenly illuminated and sharply imaged in all areas, contrasting and clear. Shadow formation in the face and reflections must be avoided. In the case of eyeglass wearers, the eyes must be clearly visible and clearly visible.

(6) As far as this is indicated by the state of development of the person or physical circumstances, deviations from paragraph 4 are permissible.

Papillary line prints

§ 6. (1) strangers applying for a residence permit shall be involved in the reduction of the papillary line impressions.

(2) The flat imprints of all fingers of the right and left hand shall be taken off, unless the paragraphs 3 to 5 are applied.

(3) In order to prevent the detection of the papillary line impressions of all fingers of both hands not only for a short period of time or for permanent obstacles, the residence permit shall be issued without this biometric feature.

(4) Where an obstacle to the authority referred to in paragraph 3 is not obvious to the Authority, the applicant shall make it credible, at the request of the Authority, by an official medical opinion.

(5) In the case of minors who have not completed the sixth year of life, the removal of the papillary lines shall be taken to a distance.

Form of documents and evidence of residence permits

§ 7. (1) The documents and documents required in accordance with § 8 in the case of the official procedure or the application are to be submitted to the Authority in the original and in copies.

(2) The Authority shall examine the copies submitted in full compliance with the original procedure or submitted to the application for full compliance with the original and shall confirm this with a note on the copy.

(3) On request of the Authority, documents and evidence not written in German are to be submitted in addition to the German translation in a translation into German.

(4) certificates and evidence shall be submitted in a certified manner, at the request of the Authority, in accordance with the relevant provisions in force.

Documents and documents for residence permits

§ 8. (1) The following documents and documents are to be provided-without prejudice to other documents and documents pursuant to paragraphs 2 and 3-in the official procedure for the granting of a residence permit (§ 3) or the application for issuing a residence permit (§ 3) Connect:

1.

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

2.

birth certificate or a document which is equivalent to that document;

3.

Photograph of the applicant in accordance with § 5;

4.

if necessary, marriage certificate, certificate of divorce, partnership certificate, certificate of the dissolution of the registered partnership, certificate of acceptance of the child's child, proof or certificate of the relationship of kinship, Death certificate.

(2) In addition to the documents and evidence referred to in paragraph 1 above, further documents and evidence shall be added to the application for the granting of a residence permit in accordance with § 56 Asylum G 2005:

1.

Proof of the right to a place of residence, in particular rental or subletting contracts, pre-contracts or proof of ownership;

2.

proof of a health insurance cover which is liable to pay in Austria and covers all risks, in particular by means of a corresponding insurance policy, in so far as no case of compulsory statutory insurance is or is in existence;

3.

Proof of the secured livelihood, in particular payroll, wage confirmations, service contracts, pre-employment contracts, confirmations on pension, pension or other insurance benefits, evidence of investment capital, Proof of your own assets in sufficient amount or in the cases provided for by the federal law, a declaration of liability or a declaration of sponsorship.

(3) In addition to the documents and evidence referred to in paragraph 1, proof of the culpation shall be connected with the application for the issuing of a residence permit in accordance with Section 57 (1) Z 1 Asylum G 2005.

(4) In accordance with paragraph 2 (2) (1), (2) or (3), the applicant shall be based on the performance or performance of a third party responsible, such evidence shall be attached.

(5) The requirement of presentation of the valid travel document (par. 1 (1) shall not apply to a child within six months after birth unless the child has yet a valid travel document (§ 2 para. 1 Z 2 and 3 NAG).

Form and content of the confirmations on the timely status of an extension request in accordance with § 59 Asylum Act 2005

§ 9. Confirmations on the timely status of an extension request in accordance with § 59 Asylum G 2005 shall be based on the model of the Annex F in the form of a vignette. "

10. In accordance with § 9 (new) the following section heading is inserted:

" 3. Section

Final provisions "

11. According to § 10 (new), the following § 11 with headline is inserted:

" Transitional provisions

§ 11. (1) Before 1. Cards issued in January 2014 for asylum seekers and beneficiaries of subsidiary protection (§ § 50 to 52 Asylum G 2005) will continue to apply within the period of validity and the scope of their authorisation.

(2) The residence permit referred to in Article 3 (1) can be used in the period from 1. January 2014 until 31 December 2014 according to the model of the Appendix G are issued. "

12. § 12 (new) is added in accordance with paragraph 4 of the following paragraph 5:

" (5) The title of the 1. § § 1 (3) and (2), the title of the second section, § § 3 to 9 together with headlines, the title of the 3. Section, § § 10 to 12 together with the headings and the Annexes A to G in the version of the regulation of the Federal Minister of the Interior, BGBl. II No 492/2013, enter into force 1. Jänner 2014 in force. The Appendix G shall expire at the end of 31 December 2014. "

13. The Annexes A to D are:

(see annexes)

Following Annex D, the following Annexes E to G shall be added:

(see annexes)

Mikl-Leitner