Change Of Bfa Establishment Act, The Bfa Procedures Act, Of The Asylum Act 2005, Of The Aliens Police Act 2005, The Settlement And Residence Act And The Border Control Act So...

Original Language Title: Änderung des BFA-Einrichtungsgesetzes, des BFA-Verfahrensgesetzes, des Asylgesetzes 2005, des Fremdenpolizeigesetzes 2005, des Niederlassungs- und Aufenthaltsgesetzes und des Grenzkontrollgesetzes so...

Read the untranslated law here: https://www.global-regulation.com/law/austria/2996576/nderung-des-bfa-einrichtungsgesetzes%252c-des-bfa-verfahrensgesetzes%252c-des-asylgesetzes-2005%252c-des-fremdenpolizeigesetzes-2005%252c-des-niederlassungs--.html

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68. Federal law, with which the BFA setting up law, the BFA procedures Act, the asylum Act 2005, the 2005 Aliens Police Act, the settlement and residence Act and the border control Act and the basic supply Act - 2005 be changed Federal (FNG adjustment Act)

The National Council has decided:

Table of contents



Article 1



Amendment of the BFA establishment Act



Article 2



Change of the BFA Procedure Act



Article 3



Amendment of the asylum Act 2005



Article 4



Amendment of the Aliens Police Act 2005



Article 5



Change of the settlement and residence Act



Article 6



Amendment to the border control Act



Article 7



Amendment of the Basic Law of supply - Federal 2005 article 1

Amendment of the BFA establishment Act

The BFA establishment law (BFA-G), Federal Law Gazette I no. 87/2012, is amended as follows:

1. in the table of contents, the following entry is inserted after the entry for section 2:



'Article 2a.



Use of State employees and officials of the city of Vienna"2. The following entry is added after the entry for section 8 in the table of contents:



„§ 9.



Transitional provisions' 3. According to § 2, the following paragraph 2a and heading shall be inserted:

"Use of State employees and officials of the city of Vienna

§ 2a. (1) officials of the countries and officials of the municipality of Vienna of para 2 to 4 due to allocation can be used for fulfilling tasks of the Federal Office in accordance with to the Federal service in the Federal Office.

(2) the assignment referred to in paragraph 1 require a contractual agreement between the Federal Government and the respective Federal State or municipal, to include in particular provisions as regards the principles of personnel hiring, the expenses borne and the liability conditions resulting from this assignment as well as the termination of the assignment.

(3) the technical supervision over the staff comes to the competent organisation in accordance superior institutions of the Federal Government.

(4) the allocated staff of the countries and the municipality of Vienna will remain servants of the allocated state or assigned municipal, concerning their service and pay for legal status. "The service prerogative of countries (article 21 paragraph 3 B-VG) municipal housing over the staff assigned to the Federal Government shall remain unaffected."

4. the previous content of the section 8 receives the sales designation (1) and 2 and 3 are added following paragraph:

"I 68/2013 contact no. (2) § 2a including heading, § 9, together with the heading and the table of contents in the version of Federal Law Gazette 1 January 2014 into force.

(3) which are no. 68/2013 I orders of the Federal Act Federal Law Gazette so as to understand that they refer to that version of this federal law I no. 87/2012, would it received by the foreigners authority new structuring law - FNG, Federal Law Gazette.

5. after section 8 the following section 9 and heading is added:

'Transitional provisions

§ 9. The Federal Office for foreigners beings and asylum acts as as the legal successor as principal in accordance with § 4 Z 4 Data Protection Act 2000 for all data applications of the Federal Asylum Office. All registered data applications will be continued under the register number of the Federal Asylum Office. New messages of the already registered data applications of the legal predecessor to the data protection authority are not required. The necessary adjustments arising from the succession in the data processing register are to be made by the data protection agency."

Article 2

Change of the BFA Procedure Act

The BFA procedure law (BFA-VG), Federal Law Gazette I no. 87/2012, is amended as follows:

1. in the table of contents is the entry to the main piece of 5 and the following entry is inserted after the entry for section 15:



"5. showpiece: appeal proceedings" 2. In the table of contents entries to articles 16, 17, 18, 19, 20, 21 and 22 are:



"section 16.



Time limit for appeal and effect of complaints



§ 17.



Granting the suspensive effect of an appeal



§ 18.



Withdrawing the suspensive effect of an appeal



§ 19.



Safe countries of origin



§ 20.



Put forward in the complaint



§ 21.



Proceedings before the Federal Administrative Court



section 22.



Check the lifting of the de facto Abschiebeschutzes"3. In the table of contents, (new) the entry for section 22 the following entries are inserted after:



"Article 22a.



Protection of rights during arrest, detention and remand



section 22 b.



Appeals against administrative decisions in proceedings before the embassies to the exhibition of Austrian documents for foreigners according to the 11 main piece of the FPG"4. In the table of contents the following entry is added after the entry for section 57:



"section 58.



Transitional provisions"5. The content of paragraph 7 receives the paragraph called "(1)" and is the quote in para 1 in Z 5 (new) "§ 3 par. 2 Z 1 to 6" by the quote "§ 3 par. 2 Z 1 to 6 and 4 para 1 Nos. 1 and 2" replaced.

6 2 the following paragraph is added after paragraph 1 (new) in section 7:

"(2) the Federal Administrative Court has to decide if the Administrative Court of a revision or the Constitutional Court has upheld a complaint against a recognition of the Handelshof referred to in paragraph 1 in the case itself."

7. in section 8 is inserted after the word "Findings" the phrase "or decisions".

8 the following paragraph 6 is added after paragraph 5 § 13:

"(6) an unaccompanied mature minors this has led insofar as he is on the basis of not in his person may not be able, on all measures to search for family members in the State of origin, in a third country or Member State, regardless of who is to participate and immediately submit the findings to the Federal Agency. The obligation to produce of results is as far as not, as these are not already available to the authority. This obligation to cooperate does not exist if the search is located in the family members not in the interest of the welfare of the child. Unaccompanied minors minors are at their request by the authority of the members of their family to find support."

9 the following records are attached § 15 para 1:

"The applicant has to appear, if necessary, accompanied by an interpreter (article 39a AVG) at the request of the consular authorities prior to this personally. § 10 para 1 last sentence AVG apply only to persons authorized in Austria the professional representation of parties."

10 paragraph 15 paragraph 2:

"(2) a party in proceedings before the representative authority is solely the applicant."

11 shall be added after paragraph 2 following paragraph 3 to 5 § 15:

"(3) the decisions referred to in paragraph 1 are written in a way to execute that affected parties can understand their content and effect. The reasons of public order, accurately and comprehensively to communicate security or public health, that underlie the decision relating to him, are the persons concerned, unless reasons of security to oppose the Republic of Austria of this communication. The Appeals Board also is to specify in the written copy of the explanatory statement.

(4) the copy requires the designation of representative authority, the date of the decision and the signature of the approving manager. the seal of the Republic of Austria can be used in place of the signature, provided that the identity of the approvers in the Act is understandable. Delivery is by passing in the consular authorities or, where the international exercise allows this to be done; by post or by electronic means This is not possible, the delivery by proclamation on the official notice board of the consular authorities is to carry out.

"(5) for the calculation of start, run and end of periods (§ 33 AVG) apply the weekend and holiday regulations of the receiving State."

12. the existing heading of the 5th main piece is eliminated and following new heading of the 5th main piece according to § 15 shall be inserted:

"5. main piece

Appeal proceedings"

13 articles 16 to 22 and headings are:

"Time limit for appeal and impact of complaints

Section 16 (1) the time limit for making a complaint against a decision of the Federal Office is, unless otherwise provided, two weeks. Section 7, paragraph 4, first sentence, federal law on the procedure of administrative courts (Administrative Court Procedure Act - VwGVG), Federal Law Gazette I is no. 33/2013, unless it is with the strangers at the time of issue of the permit is an unaccompanied minor, not applicable.

(2) an application for international protection is rejected an appeal against a decision, with the 1st and this is connected with a stay-terminating measure or 2. an application for international protection is rejected and an enforceable decision of return exists as a relevant template request comes to the suspensive effect, except when it is granted by the Federal Administrative Court.


(3) If an appeal is filed against a decision referring back or dismissive in family proceedings under the section 4 of the 4 main piece of AsylG 2005 only by a concerned family member, this is a complaint against the other family members (§ 2 Z 22 AsylG 2005) relevant decisions; None of these decisions is then accessible to the force of law. Suspensive effect is all complaints against decisions in family proceedings, as soon as suspensive effect comes to at least a complaint in the same family.

(4) the suspensive effect does not come to an appeal against a decision of a request for international protection has been rejected or dismissed, it is enforceable. With the implementation of the action with such a decision stay terminating connected or the deportation be set to the existing return decision is up to the end of the appeal period will be taken until the end of the seventh day from receipt of the complaint template, an appeal to wait. The Federal Administrative Court has put the Federal Office promptly of the receipt of the complaint template and the granting of suspensory effect in knowledge.

(5) an appeal against a decision on an application for a residence permit after the 7 main piece of AsylG 2005 or a related template request constitutes no residence or right of residence. § 58 paragraph 13 AsylG 2005 applies.

(6) § § 13 para 2 to 5 and 22 VwGVG are not applicable.

Granting the suspensive effect of an appeal

17. (1) the Federal Administrative Court has the appeal against a decision of a request for international protection will be rejected and 1 is connected to this rejection by a residence-terminating measure or an enforceable decision of return is already 2. within one week from the template of the appeal by a decision to grant the suspensive effect, if there is to believe that a rejection, expulsion or deportation of the foreigner in the State , is in the the measures terminating a residence, a real risk of a violation of article 2 of the ECHR, article 3 of the ECHR, 8 of the Convention or the protocols No. 6 or no. 13 to the Convention would mean article or would bring a serious threat of death or as a result of random violence in the context of international or national conflict entail for him as a civilian.

(2) on an appeal against a delegate back decision referred to in paragraph 1, the Federal Administrative Court within eight weeks has to decide.

(3) in determining whether the suspensory effect accorded to an appeal against an order to the except the country market, article 19 is also on the Union's legal principles para 2 and 20 para 1. e of the Dublin regulation and the need for the effective implementation of Union law to be taken into account.

(4) the deadline referred to in paragraph 1 does not preclude the granting of suspensory effect.

Withdrawing the suspensive effect of an appeal

Section 18 (1) an appeal against a decision on an application for international protection may accept from the suspensive effect the Federal Office, when 1 of the asylum seekers comes from a safe country of origin (article 19), 2 who the asylum seekers before the application at least three months has resided in Austria, except that he to the application for international protection on basic special, not by him could make which circumstances not within three months of the entry. The same keep significant, tracking relevant change of circumstances in the country of origin, 3. the asylum seekers the Federal agency about his true identity, has tried to deceive his nationality or the authenticity of its documents despite instruction on the consequences, 4. the asylum grounds of persecution is not made, 5. submissions of the asylum advertiser to its threat situation is obviously not true, or 6 against the asylum advertiser prior to submission of the application for international protection is a enforceable return decision , an enforceable deportation or an enforceable residence ban is issued.

The Federal Office has not deprived the suspensive effect, paragraph 2 on these cases is not applicable. Has the Federal Agency denied the suspensive effect, it is considered withdrawing the suspensive effect of an appeal against a repellent decision on an application for international protection related return decision.

(2) the suspensive effect of an appeal against a return decision is to withdraw from the Federal Office if 1 the immediate exit of third country nationals in the interest of public order or public security is required, 2. the third-country national has returned a ban against in the Federal territory, or 3 is a flight risk.

(3) when the beneficiary third country nationals, EEA citizens and Swiss citizens, the suspensive effect of an appeal against a ban on residence can be recognized from if their immediate departure or the immediate enforceability in the interest of public order or public security is required.

(4) 66 FPG the suspensive effect may be not deprived of the appeal against an expulsion pursuant to article.

(5) the Federal Administrative Court has the complaint which the suspensive effect is denied by the Federal Office, within one week template of the complaint the suspensive effect to recognize to if to assume is that a rejection, expulsion or deportation of foreigners in his country of origin is a real risk of a violation of article 2 of the ECHR, article 3 ECHR, would mean article 8 of the Convention or the protocols No. 6 or no. 13 to the Convention or for him as a civilian is a serious threat of life or the integrity due random violence in the context of international or national conflict entail would bring.

(6) a deadline after paragraph 5 does not preclude the granting of suspensory effect.

(7) § § 13 para 2 to 5 and 22 VwGVG are not applicable.

Safe countries of origin

Section 19 (1) safe countries of origin are the Member States (article 2, par. 1 Z 18 AsylG 2005).

(2) is on a reasoned proposal by one third of the Member States, the European Parliament or the Commission by the Council by a majority of four fifths of its members identified that the clear risk of a serious breach in article 6 paragraph 1 referred TEU principles by a Member State (article 7 § 1 TEU), is not to recognize from the suspensive effect of appeals against decisions on applications by asylum seekers from the country of origin.

(3) is it - after a procedure paragraph 1 - launched TEU pursuant to article 7 to any determination pursuant to article 7 paragraph 2 TEU, or are all measures imposed in this respect (article 7 paragraph 3 TEU) repealed (article 7 para 4 TEU), can the suspensive effect be recognized from appeals against decisions on applications by asylum seekers from the country of origin.

(4) other safe countries of origin are 1 Australia;

2. island;

3. Canada;

4. Liechtenstein;

5. New Zealand;

6 Norway;

7. Switzerland.

(5) the Federal Government is authorized to determine, by regulation, that 1 complaints from asylum seekers originating from a State of origin referred to in paragraph 4, suspensory effect can no longer be detected and 2 other States referred to in paragraph 4 are regarded as safe countries of origin.

This is in particular on the existence or absence of State persecution from private persecution and legal protection against any violations of human rights to be taken into account protection.

Put forward in the complaint

Section 20 (1) in an appeal against a decision of the Federal agency new facts and evidence may be put forward only 1 if the facts of the case, the decision to actually was laid, according to the decision of the Federal Office; changed

2. If the proceedings before the Federal Office was flawed;

3. If these strangers were up to the date of the decision of the Federal Office not accessible or 4. When was the stranger unable to present them.

(2) on the admissibility of submissions of new facts and evidence must be decided if these are not decisive for the decision of the Handelshof.

(3) section 1 is on appeals from decisions of the Federal Agency on the basis of an application for a residence permit pursuant to the 7 main piece of AsylG 2005 not to apply.

Proceedings before the Federal Administrative Court

Section 21 (1) to negotiate before the Federal Administrative Court is the Federal Office to load; the law comes to this, requests and questions.

(2) the Federal Administrative Court recognizes on appeals from decisions that an application for the approval procedure has been rejected, within eight weeks, as far as the suspensive effect is not detected to the complaint.

(3) is to grant the appeal against the decision of the Federal Office in the authorisation procedure, the procedure is approved. The appeal against the decision in the approval procedure is also be upheld, if the facts of the present case is flawed, that the implementation or repeat a hearing appears inevitable.


(4) in proceedings against a decision of the airport procedure (§ 33 AsylG 2005) the Federal Administrative Court has, if the facts of the case was sufficiently established or the determination of the relevant facts of the case by the Federal Administrative Court in the interest of the rapid is located or connected with a significant cost savings, to make a decision on the matter.

(5) appeal with the Federal Administrative Court is filed against a measure terminating a residence, and the stranger at the time of the issue of the appeal decision no longer holds in the Federal territory, to the Federal Administrative Court has to determine whether the measure terminating a residence at the time of the enactment was lawful. Terminating a residence, this was not lawful, is to allow the re-entry under a.

(6) on appeals from decisions pursuant to § 51 FPG, with which the admissibility of deportation has been found in a particular State is within a to decide whether weeks unless the detention of aliens would have ended before.

(7) a hearing may be avoided if the facts appears clear from the file location in connection with the complaint or the previous investigation unequivocally shows that that assertion is not true. In addition, § applies 24 VwGVG.

Check the lifting of the de facto Abschiebeschutzes

Section 22 (1) is a decision of the Federal Office of the de facto deportation of a foreigner was repealed (section 12a paragraph 2 AsylG 2005), by the Federal Administrative Court, immediately, to undergo a review. The procedure is without deciding holding an oral hearing. Article 20 shall apply mutatis mutandis. 2. set VwGVG § 28 ABS. 3 is not to apply.

(2) the repeal of the Abschiebeschutzes pursuant to section 12a paragraph 2 AsylG 2005 and an upright return decision pursuant to § 52 FPG are enforceable with the issuing of the decision pursuant to section 12a paragraph 2 AsylG 2005 FPG or expulsion in accordance with § 66. With the implementation of the deportation be set around the return decision or removal in accordance with section 46 FPG is until the end of the third working day from receipt pursuant to section 22 paragraph 10 AsylG 2005 to transmitting administrative documents at the competent court Department of the Handelshof to wait to. The Federal Administrative Court has to inform the Federal Office from the receipt of the administrative file at the competent court Department and of the decision taken in the context of the review referred to in paragraph 1 on the legality of the removal of the Abschiebeschutzes immediately.

(3) on the legality of the removal of the Abschiebeschutzes in the context of the review referred to in paragraph 1 the Federal Administrative Court within eight weeks shall decide."

14. after article 22 (new) following articles 22a and 22B with headings shall be inserted:

"Protection of rights during arrest, detention and remand"

section 22a. (1) the alien has the right to call the Federal Administrative Court alleging the unlawfulness of the thrust detention ruling, the arrest or the detention, if 1 he is arrested under this federal law was, or 2 he is suspended, citing the Federal law or 3 against him detention was ordered main piece of the FPG in accordance with 8.

(2) the decision of the Handelshof over continued detention has to be issued within one week, it was because the detention of aliens would have ended earlier.

(3) unless the detention is still ongoing, has the Federal Administrative Court in any case to determine whether, at the time of his decision for the continuation of custody relevant requirements are met.

(4) should a stranger for more than four months continuously in detention, to be kept, is to review the proportionality of detention after the date on which the fourth month has been exceeded, and then every four weeks by the Federal Administrative Court. The Federal Agency has the administrative acts in time to present, that one week to decide before the present dates remains the Federal Administrative Court. With template of administrative acts is considered the complaint for the in custody being strangers brought. The Federal Agency has to demonstrate why the maintenance of remand is necessary and proportionate. The Federal Administrative Court has to determine in any case whether at the time of his decision for the continuation of remand relevant conditions are met and whether maintaining the remand is proportionate. This check has to be omitted, if a complaint referred to in paragraph 1 has been already introduced.

Appeals against administrative decisions in proceedings before the embassies to the exhibition of Austrian documents for foreigners according to the 11 main piece of FPG

§ has 22 b. (1) the appellant to connect all documents submitted in the proceedings before the prosecuted representative authority including translation into German of the appeal against a decision of an Austrian representative authority.

(2) complaint procedures are without oral proceedings. No new facts or evidence may be brought before it.

(3) all costs incurred by the prosecuted representative authority and of the Handelshof for interpreters and translators, as well as for the review of interpretation and translations are out-of-pocket expenses in the sense of § 76 AVG.

(4) the notification of the decision of the Handelshof has to be done about the consular authorities. Section 15 paragraph 4 shall apply.'

15. in article 26, paragraph 1, last sentence is replaced by the phrase "the Federal Minister for internal affairs, the Federal Office, the embassies" the phrase "the Bundesamt".

16. in article 27, paragraph 1 Z 12 adds the phrase "or the FPG" after the word "Federal law".

17 be added pursuant to par. 2 following paragraph 3 and 4 the article 56:

"(3) sections 7, 8, 13 para 6, 15, the heading of the 5th main section and the sections 16 to 22 b along with headings, § 26 para 1 last sentence, 27 para 1 Nos. 12 and section 58, as well as the table of contents in the version of Federal Law Gazette I no. 68/2013 with 1 January 2014 into force." The title of the 5th main piece in the version before the Federal Law Gazette I no. 68/2013 occurs at the end of 31 December 2013 override.

(4) which are no. 68/2013 I orders of the Federal Act Federal Law Gazette so as to understand that they refer to that version of this federal law I no. 87/2012, would it received by the foreigners authority new structuring law - FNG, Federal Law Gazette.

18. According to article 57, the following section 58 and heading is attached:

'Transitional provisions

58. (1) aliens police authorities after the FPG as amended by Federal Law Gazette I no. remain 87/2012 for data I no. 87/2012 be processed FPG as amended by Federal Law Gazette in their order in the central register of foreigners in accordance with § 101, also from 1 January 2014 Z 4 Data Protection Act 2000 (DSG 2000), with contracting authority pursuant to article 4 provided that the procedure underlying the respective date before 1st January 2014 is legally complete. A change, on its own initiative or at the request of correction or deletion of such data, is from 1 January 2014 so this obligation meets the authorities by this federal law and the FPG in the version of Federal Law Gazette I no. 68/2013 as a new sponsor in accordance with § 4 Z 4 DSG 2000. The period referred to in section 27 par. 4 DSG 2000 begins with receipt of the request at the now competent.

(2) data in other data applications are used I no. 87/2012 at the latest until the expiry of the statutory retention periods of the FPG as amended by Federal Law Gazette I no. 87/2012 from the aliens police authorities after the FPG as amended by Federal Law Gazette, even if after expiry of the 31 December 2013, their responsibility for the management of this data eliminates underlying processes.

(3) the Federal Administrative Court acts as the legal successor as principal in accordance with § 4 Z 4 Data Protection Act 2000 for all registered and not reportable data applications of the asylum Court in the area of AsylG 2005 and the FPG. All registered data applications will be continued under the register number of the asylum Court. New messages of the already registered data applications of the legal predecessor to the data protection authority are not required. The necessary adjustments arising from the succession in the data processing register are to be made by the data protection agency."

Article 3

Amendment of the asylum Act 2005

The asylum Act 2005 (AsylG 2005), Federal Law Gazette I no. 100, last amended by Federal Law Gazette I no. 87/2012, is amended as follows:

1 § 2 para 1 No. 9 is: "9 the State policy: the 2011/95/CE directive on standards for the recognition of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees and persons eligible for subsidiary protection and the content of the protection granted;" OJ L 337 of 12, S. 9;"


2. in article 2, paragraph 1, Z is 22 after the phrase "has passed" the phrase ", as well as the legal representative of the person, international protection is granted to them if this is a minor and not married, provided that this legal relationship already in the country of origin" replaced and the point will be replaced at the end of the sentence with a semicolon.

3. in article 8, paragraph 4, the phrase "another year" is replaced by the phrase "two more years".

4. in article 10, paragraph 3, the phrase replaced "back - or rejected" by the word "rejected" and the following sentence is added:

"Is such an application is rejected, this applies only insofar as that no case of § 58 paragraph 9 is Z 1-3."

5. in article 12, paragraph 1, the quote is "§ X BFA-VG" by the quote "section 16 para 4 BFA-VG" replaced.

6. in article 14, paragraph 1a is the quote "§ X BFA-VG, with" by the quote "section 22 BFA-VG, with" and the quote "§ X BFA-VG, the" by the quote "§ 21 ABS. 3 BFA-VG, the" replaced.

6a. section 18 para 2 is as follows:

"(2) the Federal Agency has, if an asylum seeker is an unaccompanied consenting minor perform a search after his family members in the State of origin, in a third country or Member State in accordance with the actual possibilities. The Federal Agency has in the case of unaccompanied minor minors at their request the family members to find support this."

7. in section 20 para 4 is the quote "§ 67e AVG" by the quote "section 25 Federal law on the procedure of administrative courts (Administrative Court Procedure Act - VwGVG), Federal Law Gazette I no. 33/2013" replaced.

8. in section 22 para 10 is omitted the phrase "officio" and each is the quote "§ X BFA-VG" by the quote "section 22 BFA-VG" replaced.

9. in article 33, paragraph 1 Z 4 is the parenthesis quote "(§§ 19 oder 21 BFA-VG)" through the parenthesis quote "(§ 19 BFA-VG)" replaced.

10. in article 35, paragraph 1 and 2, the phrase "in accordance with paragraph 5" each inserted after the word "Relatives".

11. in article 35, paragraph 4 is the parenthesis quote "(§ 24 Abs. 4 FPG)" through the parenthesis quote "(§ 26 FPG)" replaced.

12. in article 35, the following paragraph 5 is attached pursuant to paragraph 4:

"(5) member of the family is this provision, who is a parent of a minor child, spouse or minor at the time of the submission of the illegitimate child of a stranger, which was awarded the status of the subsidiary protection beneficiary or the person with right of asylum, if the marriage when spouses; already existed in the country of origin This applies also registered partners, if the registered partnership is already existed in the country of origin."

13 shall be added after paragraph 11 following paras 12 and 13 the article 73:

"(12) § 2 par. 1 Z 9 and 22, 8 paragraph of 4, 10 para of 3, 12 para of 1, 14 par. 1a, 18 para of 2, 20 para of 4, 22 para of 10, 33 para 1 Nos. 4, 35 par. 1, 2, 4 and 5 and 75 paragraph 17 to 21 in the version of Federal Law Gazette I no. 68/2013 with 1 January 2014 into force."

(13) that are no. 68/2013 I orders of the Federal Act Federal Law Gazette so as to understand that they refer to that version of the provisions of this federal law I no. 87/2012, would be given to them by the foreigners authority new structuring law - FNG, BGBl.

14 shall be added after paragraph 16 following paragraph 17 to 22 the section 75:

"(17) all proceedings pending at the end of 31 December 2013 the Federal Asylum Office is from 1 January 2014 by the Federal Agency to finish.

(18) a decision of the Federal Asylum Office, against which an appeal to the Court of the asylum is allowed before the expiry of the 31 December 2013 has been issued, the appeal period expiry of 31 December 2013 is still running and was against this decision not already until the expiry of the 31 December 2013 complaint at the asylum Court raised, to appeal with the Federal Administrative Court may be brought against this from January 1 until the end of the 15 January 2014. The VwGVG of articles 14 to 16 shall not apply. One against such a decision to complaints raised about the timing of the December 31, 2013 is considered timely raised complaints in accordance with article 130 paragraph 1 Z 1 B-VG.

(19) all pending expiry of the 31 December 2013 at the asylum Court appeal procedure shall be from 1 January 2014 by the Federal Administrative Court in accordance with the paragraph 20 to end.

(20) confirmed the Federal Administrative Court in the cases of paragraph 18 and 19 on applications for international protection 1 the repellent following the decision of the Federal Asylum Office, 2. each other a repellent decision rejecting notice in accordance with article 68, paragraph 1 AVG of the Federal Asylum Office, 3. the rejecting decision according to § 4 of the Federal Asylum Office, 4 each other a rejecting decision pursuant to § 4 following rejecting communication pursuant to article 68, paragraph 1 AVG of the Federal Asylum Office , 5. the decision of the Federal Asylum Office, with the status of asylum beneficiaries in accordance with § 7 is detected, without which leads to the granting of the status of the subsidiary protection beneficiary, or 6 to decide the Federal Administrative Court in any proceedings, whether the return decision indefinitely is not permitted in this procedure or the procedure for the consideration of the admissibility of a return decision to the Federal Office is remitted as has the ruling of the Federal Asylum Office, with which the status of the subsidiary protection beneficiary pursuant to § 9 is stripped. Is the procedure referred back, the trade-offs of the Handelshof with regard to the absence of permanent inadmissibility of the return decision for the Federal Agency are not binding. In the cases of the Nos. 5 and 6, no case of §§ 8 must be paragraph 2 paragraph 3a or 9.

(21) a decision I no. 87/2012 after the expiry of the 31 December 2013 addresses according to this federal law as amended by Federal Law Gazette by the Constitutional Court, so this procedure to the Federal Administrative Court falls, according to the § 19 and 20 has to decide.

(22) every decision, approved at the end of the 31 October 2013, has to contain. a note on the legal consequence of paragraph 18"

Article 4

Amendment of the Aliens Police Act 2005

The Aliens Police Act 2005 (FPG), Federal Law Gazette I no. 100, last amended by Federal Law Gazette I no. 87/2012, is amended as follows:

1. in the table of contents, the following entry is inserted after the entry for section 11:



'Article 11a.



Complaints against decisions of Austrian embassies in visa matters"2. In the table of contents entries to articles 20 and 21 are:



"article 20.



Form and effect of the visa D



§ 21.



General conditions for the granting of visa D"3. In the table of contents, the following entry is inserted after the entry for section 21:



'article 21a.



Visa for long-stay"4. In the table of contents is the entry for section 22:



"§ 22.



Visa for humanitarian reasons"5. In the table of contents are the entries to articles 25 and 26:



"section 25.



Visa for the issuing of a residence permit



section 26.



Visa for inclusion in family proceedings under the AsylG 2005 "6. In the table of contents, the following entry is inserted after the entry for section 26:



'Article 26a.



Visa for re-entry"7. In the table of contents is the entry for section 27:



"§ 27.



Invalidity and relative visa D"8. In the table of contents, the entry to § eliminates 27 b.

9. in the table of contents, following entries are inserted after the entry for section 81:



"9 main piece: appeal against arrest and detention pursuant to § 39"



"article 82.



Appeal to the regional administrative court



section 83.



Decision by the Administrative Court of the land"10. In article 1, paragraph 1 is for the phrase "the alien" the phrase ", the granting of entry titles" inserted.

11 paragraph 2 paragraph 1:

"Visa in accordance with the code on visas, national visa (D visa) in accordance with article 20, paragraph 1, and the special permit according to § 27a are (1) title of entry."

12. in section 2, paragraph 2, eliminates Z 1 and be the No. 2 to 6 digit called "1., 2., 3., 4. and 5.".

13. in section 2, paragraph 4 the phrase does not apply in Z 11 "of more than three months".

14. in section 2, paragraph 4, the phrase "for more than three months or indefinitely" does not apply in Z 15.

15 § 2 para 4 No. 20 is: "20 visa obligation regulation: Regulation (EC) No. 539/2001 establishing the list of third countries whose nationals must be, at the crossing of the external borders in possession of a visa, as well as the list of third countries whose nationals exempt from the visa requirement are OJ" "No. L 81 of the 21.03.2001 S. 1 as amended;"

16. in article 2, paragraph 4, no. 21 is inserted the phrase "as amended" after the phrase "S 60".

17. in § 2 para 4 in no. 21 the point replaced with a semi-colon and following Z 22 added: "22 code on visas: Regulation (EC) No. 810/2009 establishing a code on visas in the community, OJ No. L 243 of the 15.9.2009, p. 1 as amended."

18. in article 5, paragraph 3, the quote (§ 26) is eliminated.

19. in article 5, paragraph 4 deleted the phrase "and visa in accordance with section 21, para 8" and deleted the phrase ", those of diplomatic visas the Federal Minister for European and international affairs".

20 paragraph 7:

„§ 7. 1 is from abroad.

the grant, refusal, cancellation and the abolition of visas in accordance with the code on visas, 2. the grant, refusal and invalidation by Visa D according to the article 3 of the 4 main piece, 3. the issuance of visas in accordance with article 25 paragraph 1 lit. a code on visas only with the consent of the Federal Minister of the Interior, 4.
"the grant, refusal and invalidation by Visa D according to §§ 22 and 26a only with the consent of the Federal Minister of the Interior, and 5. the issuance, refusal and invalidation of re-entry permits in accordance with § 27a only with the consent of the Federal Minister of the Interior the embassies."

21. in article 9, paragraph 1 is for the word "decide" the phrase ", if not otherwise is intended," added.

22. in § 9 para 4 is paragraph labeled (5) and (new) the following paragraph 4 is added:

"The Federal Administrative Court rules (4) on appeals from decisions pursuant to article 5, par. 3 and 4."

23. in section 11 is in paragraph 1 the word sequence "themselves to present; the"by the phrase"even present; in the procedure for granting a visa D, article is 19 code on visas to be applied mutatis mutandis. The applicant has requested the representative authority prior to this personally to appear, if necessary, accompanied by an interpreter (article 39a AVG). Article 10, paragraph 1, last sentence AVG applies only to persons authorized in Austria the professional representation of parties. She"replaced.

24. in article 11, paragraph 2 reads:

"(2) a party in proceedings before the representative authority is solely the applicant."

25. in paragraph 11, the phrase is in paragraph 3 "authority or by post to be done" by the phrase "consular authorities or, where the international exercise allows this to be done, by post or by electronic means" This is not possible, the delivery by proclamation on the official notice board of the consular authorities is to carry out"replaced.

26. in article 11, paragraph 4, the phrase "Decisions para 1 are in accordance with beneficiary third country nationals in the case" by the phrase is replaced "Visa D are fully negative decisions referred to in paragraph 1 concerning".

27. in article 11 paragraph 5 reads:

"(5) for the calculation of start, run and end of periods (§ 33 AVG) apply the weekend and holiday arrangements in the receiving State."

28. in article 11, paragraph 6, the word "Entry title" replaced by the word "Visa D" and is eliminated is the phrase ", in the cases of paragraph 5 of the Federal Minister of the Interior,".

29 be added after paragraph 6 following paras 7 and 8 § 11:

"(7) the stranger has known the purpose and the intended duration of the journey and the stay in the application for a visa D to give. The application must be rejected if the applicant, except in cases of § 22 para 3 FPG, presents no valid travel document or, where appropriate, a certificate of health despite prompt and a grace period or if the applicant despite appropriate desire has appeared not person before the authority, although in the charge on this legal consequence has been advised.

(8) minors strangers who have reached the age of 14, can apply for a visa itself. The exhibition requires the consent of the legal representative; This shall be demonstrated by the applicant."

30. pursuant to section 11, 11a the following paragraph with heading shall be inserted:

"Complaints against decisions of Austrian embassies in visa matters

section 11a. (1) the appellant has to connect all of it in documents submitted to the proceedings of the prosecuted representative authority including translation into German of the appeal against a decision of an Austrian representative authority.

(2) complaint procedures are without oral proceedings. No new facts or evidence may be brought before it.

(3) all costs incurred by the prosecuted representative authority and of the Handelshof for interpreters and translators, as well as for the review of interpretation and translations are out-of-pocket expenses in the sense of § 76 AVG.

(4) the notification of the decision of the Handelshof has to be done about the consular authorities. Article 11, paragraph 3 shall apply.'

31. in section 15 paragraph 2 does not apply the phrase ", a special permit for eighteen months after a refusal, expulsion or after departure due to a deportation" and before the word "Prohibition of residence", is the phrase "entry ban or" inserted.

32. articles 20 and 21 with headings are:

"Form and effect of the visa D

Section 20 (1) D visas are issued as 1 visa for long-term stay in the Federal territory;

2. visa for humanitarian reasons;

3. visa for commercial purposes;

4. visa for the purpose of finding work;

5. visa for the issuing of a residence permit;

6 visa for inclusion in family proceedings under the AsylG 2005;

7 visa to re-enter.

(2) visa in accordance with paragraph 1 shall entitle to a stay in the territory of more than three months, six months at the latest and be issued for single or multiple entry. The exercise of gainful employment is permitted only in the cases of § 24.

(3) the visa referred to in paragraph 1 are limited to grant. Their validity shall not exceed those of the travel document. The period of validity of the travel document that a visa has to exceed at least three months. Deviating from the allowed duration of stay valid for a period of visa is not allowed.

(4) the visa is to make attaching can be seen in the travel document of the foreigner.

(5) detailed design, as well as the shape of the affixing of the visa D in the travel document is determined by regulation of the Federal Minister of the Interior.

(6) visa pursuant to par. 1 Z 1 and in accordance with the code on visas may under the same conditions under which for Austrian citizens Austrian service passports are issued, service visa be marked as.

General conditions for the granting of visas D

Section 21 (1) visa pursuant to § 20 para 1 Nos. 1 and 3 to 5 can be granted a stranger on request, when 1 it has a valid travel document;

2. a refusal reason (para. 2) and secured the holder of a stranger appears 3.

In the cases of § 20 para 1 Nos. 4 and 5 has to see the representative authority by condition No. 3.

(2) the granting of a visa shall be refused if 1 the stranger not founded the purpose and conditions of the intended stay;

2. reasonable doubts in the procedure for granting a visa to the identity or the nationality of the foreigner, the authenticity of the documents submitted or the veracity of its contents or the existence of additional requirements for grant;

3. the foreigner does not have a health insurance covering all risks or he has a serious medical condition in the health certificate referred to in article 23;

4. the stranger does not have sufficient funds of their own for him/herself and in the cases of § 20 para 1 Nos. 1, 3 and 7 for the holder;

5. the stay of aliens could lead to a financial burden of a local authority, unless unless this burden would be out of the performance of existing before entering legal claim.

6. the stranger in the SIS for refusal of entry is written out;

7. the stay of aliens which would endanger public order or security;

8 against the stranger a final entry or residence ban is, except in the case of Article 26a (visa for re-entry);

9. the stay of aliens which would impair relations of the Republic of Austria to another State;

10 reason to believe, the stranger will intend to gainful employment in the Federal territory except in the cases of § 24;

11 certain facts justify the assumption that the stranger of a criminal organization (§ 278a StGB) or a terrorist group (§ 278b StGB) belongs or has belonged, terrorist offences commits or has committed (§ 278 c StGB), terrorism funded, or funded (§ 278d StGB), trains a person for terrorist purposes or to make out (§ 278e StGB) or instructs a person to commit a terrorist offence or has instructed (§ 278f StGB);

12 certain facts adopting justify that the stranger by his behaviour, in particular through public participation in acts of violence by the public call to violence or hateful calls or Aufreizungen, endangers national security or publicly, in a meeting or through dissemination of writings a crime against peace, a war crime, a crime against humanity and terrorist acts of comparable weight endorses 13 the stranger or promote.

(3) the authority may, a stranger despite the existence of a reason of refusal in accordance with paragraph 2 Z 3, 4 or 5 a visa grant, when due to a commitment in the public interest an entity in the sense of § 1 para 1 official liability Act - AHG, Federal Law Gazette No. 20 / 1949, or on the basis of the Declaration of commitment a person with principal residence or headquarters in the Federal territory the pay of all costs appears secured , which may result from the stay of the foreign public entities.


(4) if Z 7 and paragraph 4 has not followed an invitation to carry out a criminal treatment in accordance with article 99, paragraph 1, the application for a visa must be rejected."

33. According to article 21, the following article 21a and heading shall be inserted:

"Long-stay visas

§ 21a. (1) the representation authority may grant a visa for long-term stay in the country a stranger, if the requirements pursuant to § 21 para 1 are met.

(2) the exercise of gainful employment is not permitted."

34. the heading of section 22 reads:

"Visa for humanitarian reasons"

35. in article 22, paragraph 1, the quote is "§ 21 para 7 subpara 2" by the quote "§ 21 para 2 Z 6"replaces and eliminates the word sequence", this spatially on the Federal territory limited is" as well as the word "Visa" is replaced by the word 'Visa D'.

36. in article 22, paragraph 1 and 3 is the phrase ", for reasons of national interest or due to international obligations" is replaced by the phrase "or for reasons of national interest".

37. in article 22, paragraph 2 is eliminated.

38. in article 23, paragraph 1, the phrase "and women" is omitted.

39. in article 24, paragraph 1, the phrase is "security certificate pursuant to section 11 aliens" is replaced by the phrase "Labour market regulatory approval or certification".

40. in article 24, para 3 and 4 are eliminated.

41. in section 24a Z 1 and 2 is the quote in para 1 "§ 21 para 1 Nos. 1, 3 and 4" by the quote "§ 21 para 1 Nos. 1 and 2" and in paragraph 3 the quote "article 21, paragraph 1 Z 1 or 3" by the quote "article 21, paragraph 1 Z 1 or 2" replaced.

42. paragraphs 25 and 26 together with headings are:

"Visa for the issuing of a residence permit

Section 25 (1) the establishment and residence authority of the competent consular authorities stating that a residence permit grant would be a stranger who is subject to the visa requirement, (§ 23 ABS. 2 NAG), the strangers, taking into account article 21, paragraph 1 is granted a visa with four-month validity period Nos. 1 and 2.

(2) the refusal of a visa due to existence of reasons pursuant to § 21 para 2 Nos. 3 to 5 and 10 is not allowed. If the visa is not granted, this has the authority of representation of establishment and residence authority indicating the reasons to communicate.

Visa for inclusion in family proceedings under the AsylG 2005

§ 26 AsylG tells the Federal stranger beings and asylum in accordance with § 35 par. 4 2005, that the claimant of a request for international protection by granting of the status of the person with right of asylum or of the subsidiary protection beneficiary is likely, is granted a visa with four-month validity period the strangers readily to one entry."

43. According to article 26, the following Article 26a and heading shall be inserted:

"Visa for re-entry

Article 26a. (1) the representation authority may grant a visa to re-enter a stranger at the request during the period of validity of entry or residence ban, if 1 this is necessary for important public or private reasons, 2 which do not preclude the reasons that have led to the issuing of the residence-terminating measure, and 3 otherwise no visa refusal grounds.

(2) the objectively available period of validity of the visa is set.

(3) the visa can be covered in the interest of the maintenance of public order or public security requirements; This caution is to take on the purpose of the stay. Conditions are especially the notices of payment due certain border crossing points and travel routes, the limitation of stay on the jurisdiction of a district administrative authority, as well as the obligation to report periodically at a police commando."

44. section 27 together with heading is as follows:

"Invalidity and relative visa D

Visa D are 27 (1) to explain, if subsequently 1 facts become known or facts arise 2., which would justify a non-issuance (§ 21 para 1).

(2) a visa D for invalid will be explained, so, from the identification of the relevant facts, the authority has to give opportunity to the party concerned. The relevant facts are traceable to hold.

(3) visa D are meaningless, if 1 is granted another visa D with overlapping validity;

2. against the stranger a residence-terminating measure according to the 8 main piece; adopted

3. the stranger brings a request for international protection;

4. a residence permit according to NAG or the AsylG 2005 will be issued;

5. the other Austrians, EEA nationals or Swiss citizens will.

(4) the visa D is invalid declared or void, this is marked to make in the travel document. "To each authority is empowered, the NAG a travel document on the occasion of an official act by this federal law, the BFA-VG, AsylG 2005 or which exists."

45. in article 27a, paragraph 1, the word order is after the word "Stranger" ", which is subject to the visa duty," added.

46. in article 27a, paragraph 2, the word "Visa refusal reason" by the phrase is "reason pursuant to § 21 para 2 Z 1 to 13" replaced.

47. in article 27a, paragraph 3 last sentence is replaced by the phrase "in the authorization" the phrase "in the travel document".

48. § 27a para 4 is as follows:

"(4) the detailed design approval is determined by regulation of the Federal Minister of the Interior."

49. § 27a para 6 is as follows:

"(6) the permit is valid only in conjunction with a valid travel document."

50 § 27B including header is omitted.

51. paragraph 28 paragraph 2:

"(2) third countries, whose nationals on the basis of article 3 para 2 code on visas for transit via an Austrian airport will need a visa, the Federal Minister of the Interior to Regulation published."

52. in article 31, paragraph 1 Z 3 adds "residence permit are" the word order up to three months (article 21 of the CISA applies) after the phrase.

53. in § 41 para 1 No. 2, the phrase "no re entry permit" is replaced by the phrase "No visa to re-enter (section 26a) or no permit re-entry during the period of validity of a prohibition of entry or residence ban (§ 27a)".

54. in article 43, paragraph 1 Z 3 is the phrase "in accordance with Regulation (EC) No. 810/2009 establishing a code on visas (Visa code), OJ community no. L 243 of September 15, 2009 S 1" is replaced by the phrase "in accordance with the code on visas".

54A. in article 45, paragraph 1, the phrase "abroad" is replaced by the phrase 'in a Member State'.

55. in article 52, paragraph 5, the phrase "or"Long-term resident - family member"" is omitted.

56. in article 52, paragraph 5, and article 88, paragraph 1, no. 3 is replaced by the phrase "Permanent residence - EU" the phrase "Long-term resident - EC".

57. in article 52, paragraph 8, the quote is "§ X BFA-VG" by the quote "section 16 para 4 BFA-VG" and the quote "article 66 par. 4 AVG" by the quote "§ 28 para. 2 federal law on the procedure of administrative courts (Administrative Court Procedure Act - VwGVG), Federal Law Gazette I no. 33/2013" replaced.

58. in article 53, paragraph 1 the word "will" by the word "may" and the phrase "under one issued" replaced with the phrase "shall be adopted".

59. in article 53, par. 1a is eliminated.

60. in section 53 para 2, the first sentence reads:

"A prohibition referred to in paragraph 1 is subject to paragraph 3, for a period of not more than five years to enact."

61. in article 53, par. 3, Z is 6 after the parenthesis quote "(§ 278e StGB)" the phrase "or instructs a person to commit a terrorist offence or has instructed (§ 278f StGB)" added.

62. in article 55, paragraph 1a is the quote "section X BFA-VG" by the quote "section 18 BFA-VG" replaced.

63. in article 55, paragraph 4, the quote is "§ X BFA-VG" by the quote "section 18 para 2 BFA-VG" replaced.

64. in article 59, paragraph 6 Z 1 is the quote "section X BFA-VG" by the quote "§ 17 BFA-VG" replaced.

65. in article 59, paragraph 6 Z 2 is the quote "§ X BFA-VG" by the quote "section 18 BFA-VG" replaced.

66. Article 60 par. 1 and 2 are:

"(1) the Federal agency may a re-entry ban according to § 53 ABS."  2 at the request of third-country nationals, taking into account that for the issuing of the former return decision or of the former entry ban relevant circumstances shorten or remove, if the third-country nationals deadline has left the territory of the Member States. The timely departure of the third-country nationals has to prove.

(2) the Federal Office may shorten Z 1 to 4 at the request of third-country nationals, taking into account the circumstances applicable to the issuing of the former return decision or of the former entry ban a ban pursuant to article 53, paragraph 3 If the third-country nationals deadline left the territory of the Member States and has since then spent a period of more than half of the former entry ban abroad. The third-country nationals has to prove. timely departure"

67. in paragraph 65 b is the quote "articles 41a, 65a 2, 66, 67 and 70 para 3" is replaced by the quote "articles 41a and 65a".

67A. in § 78 para 5 does not apply.

68. in article 80, paragraph 5, the quote is "§ X BFA-VG" by the quote "section 17 BFA-VG" replaced.


69. in article 80, paragraph 6, the quote is "§ X BFA-VG" by the quote "§ 22a para 2 No. 3 BFA-VG" replaced.

70 paragraph 7 eliminates section 80.

71. Article 81 the following 9 is inserted after main piece together with the heading:

"9 main piece

Appeal against arrest and detention pursuant to § 39

Appeal to the regional administrative court

Article 82. The stranger has suspended the right to call the country administrative court alleging the unlawfulness of the arrest or the detention if he 1 under this Federal Act is arrested, or 2nd, citing the Federal law is or was.

Decision by the Administrative Court of the land

section 83. To the decision on a complaint under article 82, paragraph 1 Z 2 is responsible the country administrative court in whose jurisdiction the authority has its seat, which ordered the detention. In the cases of § 82 par. 1 Z 1 depends on the jurisdiction the place of arrest."

72. in article 88, paragraph 1, the phrase "or"Long-term resident - family member"(§ 48 NAG)" is omitted in no. 3.

73. in article 88, paragraph 2, the phrase is in Z 1 "stop or" replaced by the word "stop." and is the No. 2 as well as the name of the numeral "1.".

74. in paragraph 88, after paragraph 2, the following paragraph 2a is inserted:

"(2a) alien are strangers, the status of the subsidiary protection beneficiary to whom in Austria and who are not able to obtain a valid travel document in their home country, to exhibit at the request, unless compelling reasons of national security or public order preclude the."

75. in article 97, paragraph 1, "Return decision"the phrase", arrangement to the non-country accommodation" is inserted after the word.

76. in article 99, paragraph 1, the phrase "or a special permit for eighteen months after a rejection or an expulsion" is no. 7.

77. in article 100, paragraph 3, the phrase is omitted "; an appeal, however, is not allowed."

78. in article 104, paragraph 1, the phrase "and the Federal Minister of the Interior" is inserted after the word "country Police Directorate".

79. in article 113, paragraph 3, the quote "§ 21 para 6" by the quote "section 21 paragraph 3" will be replaced.

80. in article 113, paragraph 7 is to the phrase "cost"the phrase", the authority" inserted and the phrase "is the authority which is attributable to the immigration process" "adult, are to ensure the authority has acted on behalf of that legal entity" replaced by the word order.

81. in section 121, subsection 3, Z 1 replaced the quote "§§ 27a or 27B" by the quote "§ 27a".

82. shall be added after paragraph 20 following paragraph 21 to 27 the section 125:

"A decision against which an appeal is allowed under this Federal Act, before the expiry of the 31 December 2013 (21) has been issued, the deadline for appeal at the end of 31 December 2013 is still running and was against this decision not already up to the expiry of the 31 December 2013 appeals filed, so complaint with the relevant country administrative court may be brought against them from January 1 until the end of the 15 January 2014. The State administrative court has this federal law as amended by Federal Law Gazette in these cases I no 87/2012 shall apply. One against such a decision until appointment is raised to the end of 31 December 2013 is considered timely raised complaints in accordance with article 130 paragraph 1 Z 1 B-VG.

(22) all appeals pending at the end of 31 December 2013 with an independent administrative Senate of countries and appeals against the exercise of immediate management regulatory command and coercive power are under this Federal Act from 1 January 2014 by the relevant country administrative court according to the provisions of this Federal Act in the version before the Federal Law Gazette I to lead No. 87/2012 to end.

(23) all appeal proceedings at the end of the December 31, 2013 at a National Police Directorate are under this Federal Act from 1 January 2014 by the relevant country administrative court according to the provisions of this Federal Act in the version before the Federal Law Gazette I to lead No. 87/2012 to end.

(24) a decision I no. 87/2012 after the expiry of the 31 December 2013 addresses according to this federal law as amended by Federal Law Gazette by the Constitutional Court or the Administrative Court, so this procedure to the competent administrative court falls, which I 87/2012 to decide No. after has this federal law as amended by Federal Law Gazette.

(25) I no. 87/2012 remain expulsions in accordance with § 62, as amended before the Federal Act Federal Law Gazette until the exit of third country nationals from Germany maintained. Before entry into force of the Federal Act Federal Law Gazette I no. 87 / 2012 adopted return bans remain valid up to the set time and can be lifted at the end of 31 December 2013 in accordance with article 60 par. 4 and 5 as amended by Federal Law Gazette I no. 87/2012 or declared void. Before entry into force of the Federal Act Federal Law Gazette I no. 87 / 2012 issued stay prohibitions remain valid up to the set time and can be lifted at the end of 31 December 2013 in accordance with § 69 para 2 and 3 as amended by Federal Law Gazette I no. 87/2012 or override. Before entry into force of the Federal Act Federal Law Gazette I no. 87 / 2012 issued entry bans remain valid up to the set time and can be shortened after the expiry of the 31 December 2013 in accordance with section 60 as amended by Federal Law Gazette I no. 68/2013 lifted, or declared void.

(26) before entry into force of the Federal Act Federal Law Gazette I keep no. 68 / 2013 set conditions their validity. The violation of these obligations is to punish No. 68/2013 continue in accordance with § 121 in the version of Federal Law Gazette I.

(27) any decision which is approved at the end of the 31 October 2013, has to contain. a note on the legal consequence of paragraph 21"

83. in paragraph 126 receives I paragraph 11 as amended by Federal Law Gazette No. 87/2012 the sales designation (12) and are attached to paragraph 12 (new) following paragraph 13 and 14:

"(13) § § 1 ABS. 1, 2 para 1, 2 and 4 Nos. 11, 15 and 20 to 22, § 5 par. 3 and 4, 7, 9 paragraph 1, 4 and 5, 11 para 1 to 8, 11a, including heading, 15 paragraph 2, 20 and 21a and headings, the heading of section 22, the §§ 22, par. 1 and 3, 23 paragraph 1, 24 paragraph 1" , 24a para 1 to 3, 25 to 27, including headings, 27a, 28 paragraph 2, 41a A 2 Z 2, 43 para 1 Nos. of 3, 52 paragraph 5 and 8, 53 para 1, 2 first sentence and 3 Z 6, 55 par. 1a and 4, 59 para 6 Nos. 1 and 2, 60 par. 1 and 2, 80 paragraph 5 and 6 , the 9 main piece along with heading, 88 par. 1 Z 3, para 2 and 2a, the §§ 97 para 1, 99 par. 1 Z 7,100 para 3, 104 para 1, 113 para 6, 121 para 3 Z 1, 125 paragraph 21 to 26 and section 127, and the table of contents in the version of Federal Law Gazette I no. 68/2013 with 1 January 2014 into force. The articles 22, paragraph 2, 24 par. 3 and 4, 27 b, 53 para 1a and 78 para of 5 and 80 paragraph 7 as amended by Federal Law Gazette I no. 68/2013 become at the end of 31 December 2013 override.

(14) that are no. 68/2013 I orders of the Federal Act Federal Law Gazette so as to understand that they refer to that version of the provisions of this federal law I no. 87/2012, would be given to them by the foreigners authority new structuring law - FNG, BGBl..

84. in article 127, the quote is "§ 16 para 1, 17 para of 3, 25 para 1, 28 (2) and 30 paragraph 4" by the quote "§§ 11, 16 para of 1, 17 paragraph 3, 21, 28 paragraph of 2 and 31 para. 4" replaced.

Article 5

Change of the settlement and residence Act

The settlement and residence Act (NAG), Federal Law Gazette I no. 100/2005, as last amended by Federal Law Gazette I no. 87/2012, is amended as follows:

1. in the table of contents is the entry for section 45:



"§ 45.



Residence permit "Long-term resident – EU" "2." The entry for section 48 is not available in the table of contents.

3. in the table of contents is the entry for paragraph 49:



"paragraph 49.



Third-country nationals with a residence permit "Long-term resident – EU" of another Member State "4. In the table of contents is the entry for section 50:



"article 50.



Family members with a residence permit "Long-term resident – EU" of another Member State"5. The entry for section 65 is in the table of contents:



"section 65.



Holders of a residence permit "Long-term resident - EU" of another Member State"6. The entry to § 78 is not available in the table of contents.

6a. in article 2, para. 3 the "(§ 8 Abs. 1 Z 5) bracket quote is" through the parenthesis quote "(§ 8 Abs. 1 Z 10)" replaced.

7. in section 3 para 2 eliminates the word "the" and the phrase "of the Governor" "under this Federal Act" replaced by the word order and the following final sentence added:

"A written copy of the decision is to deliver also the Federal Minister of the Interior".

8. in section 3 para 3 is the phrase "it decides on requests, if set is formal reasons (§ 22 para. 2); against this decision"replaced by the phrase"against the setting of a procedure for formal reasons in accordance with article 22, paragraph 2".

9. in article 3, paragraph 4, the phrase "first instance" is omitted.

10 paragraph 3 section 5:


"(5) the Minister of internal affairs can the granting of a residence permit (section 8) and the exhibition of a documentation of the Union legal residence and right of establishment (article 9) in exercising its right of supervision according to § 68 para 4 Z 4 AVG decision null and void explain, if the issue or exhibition 1 despite existence of an issuance refusal in accordance with article 11, paragraph 1 Z 1, 2 or 4 or 2. Despite the lack of a specific requirement of the 2nd part 3 by falsification of a document" , false testimony or a judicially punishable act caused or been otherwise as conning is.

In cases Nos. 1 and 2 is allowed to grant or issue. the annulment only within three years"

11. in paragraph 3a, the phrase "of the Governor" is replaced by the phrase "under this Federal Act".

12. in article 8, paragraph 1 Z 1 replaced the quote "§§ 12d or 24 aliens" by the quote "§ 20 d para 1 No. 1 to 4 or 24 aliens".

13. in article 8, paragraph 1 Z 3 is the quote "section 12d para 2 Z 4 aliens" by the quote "section 20 d para 1 No. 5 aliens" replaced.

14. in article 8, paragraph 1 Z 4 deleted the phrase "and a paid" and the phrase ", after the aliens Employment Act applies a permission".

15. in §§ 8 par. 1 Z 7, 10 para 2 and 3 Nos. 3 and 4, § 13 para 2 Z 5, 20 para 3 and 4a, 28 paragraph 1, in the heading of section 45, §§ 45 par. 1, 8 and 10, 46 para 1 subpara 2 lit. a, in the heading of paragraph 49, § 49 para 1 and 2, in the heading of the article 50, § 50 para 1 and in the heading of section 65, as well as in section 65 the phrase "Long-term resident - EC" is replaced by the phrase "Permanent residence - EU".

16. in article 8, paragraph 1 Z 8 is the phrase ""Long-term resident - family member"(No. 9)" by the phrase ""Permanent residence - EU"(No. 7)" replaced.

17. in article 8, paragraph 1, the No. 9 is omitted.

18. in article 10, par. 2 deleted the phrase "and" long-term resident - family member (section 48).

19. in article 10, para. 3 Z 4 is omitted the phrase "or"Long-term resident - family member"".

19A. in article 11, paragraph 3, the quote "ABS 1 Z 3, 5 or 6" is replaced by the quote "ABS 1 Z 5 or 6".

20. in article 12, paragraph 5, the word order is "according to article 73 of the General administrative procedures Act 1991 (AVG), Federal Law Gazette No. 51." by the phrase "in accordance with § 8 Administrative Court Procedure Act (VwGVG), Federal Law Gazette I no. 33/2013" replaced.

21. in article 12, paragraph 7, the phrase is "according to § 73 AVG and section 27 of the Supreme Administrative Court Act of 1985 (VwGG), BGBl. No. 10" by the phrase "in accordance with § 8 VwGVG" replaced.

22. in article 19, paragraph 8, the phrase is eliminated "in the Federal area residents".

23 in the § 19 para 8, 21 para 3, 21a, para 5 and 24 para 4 each eliminates the word "first instance".

24. in articles 20 para 3 and 28 para 1 accounts for each the phrase "or" long-term resident - family member (paragraph 48).

25. in article 20, paragraph 5, the phrase is ' "Long-term resident - family member" (48) "and the phrase"Long-term resident - family member"respectively replaced by the phrase"Permanent residence - EU".

26. in section 21a, para. 5, the phrase "by lawful in the Federal territory on hold- and entitled pursuant to § 21 para 2 for domestic applicants" is replaced by "one".

27. in article 25, paragraph 1, the quote is "§ 73 AVG" by the quote "section 8 VwGVG" replaced.

28. in article 33, paragraph 2, the quote is "§ 12 para 9 and 17 para 2 aliens" replaced by the quote "section 20e para 1 aliens".

29. in article 37, paragraph 3, is omitted the phrase "first instance" and the phrase is replaced by the phrase "an appeal" "the 2nd instance procedures".

30. in article 37, paragraph 4, the quote is "§ 73 para 1 AVG" by the quote "section 8 VwGVG" replaced.

31. in article 41, paragraph 1, the phrase is "In the Federal area residents".

32. in article 41, paragraph 1, is the quote "section 12d para 1 aliens" by the quote "section 20 d para 1 No. 1 aliens" replaced.

33. in article 41 paragraph 2 Z 1 is the quote "section 12d para 2 Z 1 aliens" by the quote "section 20 d para 1 No. 2 aliens" replaced.

34. in article 41 paragraph 2 Z 2 is the quote "section 12d para 2 Z 2 aliens" by the quote "section 20 d para 1 No. 3 aliens" replaced.

35. in article 41 paragraph 2 Z 3 is the quote "section 12d ABS 2 Z 3 aliens" by the quote "section 20 d para 1 No. 4 aliens" replaced.

36. in article 41, paragraph 3, the quote will be replaced "§§ 12d or 24 aliens" by the quote "§ 20 d or 24 aliens".

37. in article 41, paragraph 4, the quote "section 12d aliens" is replaced with the quote 20 ' § d aliens".

38. in article 41, paragraph 1 Z 3 is the quote "section 12d para 5 Z 1 aliens" by the quote "section 20e para 1 No. 2 aliens" replaced.

39. in article 41 paragraph 2 Z 3 is the quote "section 12d para 5 Z 2 aliens" by the quote "section 20e para 1 No. 3 aliens" replaced.

40. paragraph 41a is paragraph 7:

"A residence permit can (7) third-country nationals in a procedure pursuant to article 24, paragraph 4"Red white red card plus"are granted if they fulfil the conditions of the 1st part 1., 2. they have a"residence permit", and 3. a written notice of the Regional Office of the labour market service in accordance with section 20e para 1 No. 1 aliens."

41. in section 41a para 8 is the phrase ""Long-term resident - EC"or"Long-term resident - family member"(§§ 45 par. 10 or 48 para 4)" by the phrase ""Permanent residence - EU"(§ 45 para 10)" replaced.

42. in the articles 41a, para 9 and 43 paragraph 3 the phrase accounts for each "reasoned request".

43. 11 the following paragraph is added after paragraph 10 the section 41a:

"(11) in the cases of paragraph 1 and 7 is to refrain from obtaining a written notification of the regional office or an opinion of the Regional Office of the labour market service, application 1 relating to the back of informality or lack of a condition in accordance with sections 19 to 24 or dismiss is or reject is 2nd due to compelling placing obstacles in accordance with article 11, paragraph 1."

The negative decision of the Regional Office of the labour market service on the admission in the cases of § 20e 1 aliens legal force, grows the procedure is without setting another."

44. in article 42, paragraph 1 Z 2 is the quote "section 12d para 2 Z 4 aliens" by the quote "section 20 d para 1 No. 5 aliens" replaced.

45. in article 42, paragraph 2 and 3, the quote "section 12d para 2 aliens" is replaced by the quote "section 20 d para 1 aliens".

46. paragraph 43 paragraph 1:

"Z 4 may be granted a"residence permit"(1) third-country nationals with a residence permit in accordance with section 41, paragraph 2, if they 1 meet the requirements of the 1st part, and an activity referred to in section 24 aliens have been 2nd in the last 12 months and they continue to be exercised."

47. the following paragraph 4 is added after paragraph 3 the section 43:

"(4) third-country nationals with a residence permit in accordance with article 41, paragraph 1 or a"residence permit"may be granted 2 Z 1, 2 or 3, if they meet the requirements of the 1st part 1., 2. a case of § 41 para 1 does not exist, and it an activity in accordance with sections 12 to 12 b aliens have exercised 3. over the last 12 months."

48. in article 45 para 2 is the quote of "(§ 8 Abs. 1 Z 10)," the quotation "(§ 8 Abs. 1 Z 10) or" replaces and eliminates the phrase "or a residence permit as a subsidiary protection authorized (§ 8 para 4 AsylG 2005)".

49. in article 45, paragraph 8 deleted the phrase ", unless there is a case of §§ 47 or 48; in this case a residence permit "Long-term resident - family member" shall be granted (paragraph 48) officio"him.

50. in article 45 12 the following paragraph is added after paragraph 11:

"(12) entitled to asylum, in the last five years continuously, about the status of the person with right of asylum (§ 3 AsylG 2005) had and subsidiary protection beneficiary, in the last five years continuously on the basis of a residence permit as a subsidiary protection justified (§ 8 para 4 AsylG 2005) were lawfully provided a residence permit"Long-term resident – EU"may be granted if they 1 meet the requirements of the 1st part and 2nd module 2 of the integration agreement (§ 14 b) have met."

"The period between the introduction of the application for international protection (§ 17 par. 2 AsylG 2005) and granting of the status of the person with right of asylum or of the subsidiary protection beneficiary is half, if this period exceeds 18 months entirely, on the five-year period to be."

51. in article 47, paragraph 4, the phrase a "residence permit" is by the phrase a residence title "red white-red - card plus" replaced.

52. § 47 para 4 No. 3 is: "3. a written notice of the Regional Office of the labour market service in accordance with section 20e para 1 No. 1 aliens exists."

53. the following paragraph 5 is added to section 4 the section 47:

"(5) in cases of paragraph 4 is to refrain from obtaining a written notification of the regional office or an opinion of the Regional Office of the labour market service, if the application for 1."

back due to a lack of form or lack of a condition in accordance with sections 19 to 24 or reject, 2. due to lack of a quota place to reject or dismiss 3. due to compelling placing obstacles in accordance with article 11, paragraph 1 is.

The negative decision of the Regional Office of the labour market service on the admission in the case of § 20e 1 Z grows 1 aliens legal force, the procedure is without setting another."

54. paragraph 48 along with heading is eliminated.

55. in article 49, paragraph 2, the phrase a "residence permit" is replaced by the phrase "a"Red white red - card"residence permit".

56. § 49 para 2 No. 3 is: "3. a written notice of the Regional Office of the labour market service in accordance with section 20 d para 1 No. 1, 2, 3 or 4 aliens exists."

57. § 49 para 3 to 5 are:

"(3) in the cases of paragraph 2 is to refrain from obtaining a written notification of the regional office or an opinion of the Regional Office of the labour market service, application 1 relating to the back of informality or lack of a condition in accordance with sections 19 to 24 or to show off or 2 due to lack of a quota place to reject or dismiss 3. due to compelling placing obstacles in accordance with article 11, paragraph 1 is."

The procedure is the negative decision of the Regional Office of the labour market service on the admission in the case of § 20 d aliens legal force, grows without setting another.

(4) may be granted for the exercise of a self-employment "Niederlassungsbewilligung" third-country nationals, who have a residence permit "Long-term resident – EU" of another Member State, if they meet the requirements of the 1st part 1 and 2 there is a quota place.

(5) a request referred to in paragraph 1, 2 and 4 is to place within a period of three months from the entry. This application does not entitle to a longer than three months lasting stay from entering the Federal territory. In the cases of paragraph 1 and 4 the authority within a period of four months shall decide."

58. in article 50, paragraph 1, the phrase is "in the cases of § 49 para 2 or 4", in the cases of § 49 para 2 a residence title "red white-red - card residence permit"by the phrase"plus" and replaced in the cases of § 49 para 3 a "residence permit".

58A. in § 53 para 2 the phrase "in the country of origin" is no. 6.

59. in article 56, paragraph 3, the phrase a "residence permit" is by the phrase a residence title "red white-red - card plus" replaced.

60. § 56 para 3 Z 3 is: "3. a written notice of the Regional Office of the labour market service in accordance with section 20e para 1 No. 1 aliens exists."

61. § 56 para 3 is added the following conclusion:

"§ 47 para 5 shall apply mutatis mutandis."

62. paragraph 61:

"Section 61 (1) third-country nationals can a permit as artists are issued, if they meet the requirements of the 1st part; a disclaimer is permitted; and 1 in the case of subordination exists in a written notice of the Regional Office of the labour market service in accordance with section 20 d para 1 No. 6 aliens or 2. in the case of self-employment, working predominantly determined by tasks of designing, if your maintenance is covered by the income that they receive from their artistic activity.

(2) shall apply mutatis mutandis. § 47 para 5"

63. in paragraph 62, 2 is the point by the word in Z 'and' replaced and following Z 3 added: "3. the competent regional Office of the labour market service at reasonable doubt upon the authority the existence of an activity in accordance with no. 2 has encountered."

64. in article 64, paragraph 4, the last sentence is omitted.

64A. in article 77, paragraph 1 No. 1 is the parenthesis quote "(§ 25 Abs. 1)" by the clip originally posted (art. 26) and the bracket quote "(§ 8 Abs. 5)" through the parenthesis quote "(§ 8 Abs. 4)" replaced.

65. section 78 and heading is eliminated.

66. shall be added after paragraph 22 following paragraph 23 to 34 section 81:

"Procedure (23) in accordance with articles 41a para 9 and 10, 43 par. 3 and 4 and 69 paragraph 1 Z 1 to 3 as amended by Federal Law Gazette I no. are 87/2012, which were pending and are still pending on December 31, 2013, before October 1, 2013, to the authority in accordance with article 3, paragraph 1 even after the expiry of the 31 December 2013 by the authority in accordance with § 3 paragraph 1 according to the provisions of the Federal law in the version prior to the BGBl. I to lead No. 87/2012 to end.

(24) procedures under articles 41a para 9 and 10, 43 par. 3 and 4 and 69 paragraph 1 Z 1 to 3 as amended by Federal Law Gazette I no. are 87/2012, which were pending and are still pending at the end of 31 December 2013, as of October 1, 2013, to the authority in accordance with article 3, paragraph 1 from 1 January 2014 by the Federal Office for foreigners beings and asylum under the provisions of the 7 main piece of AsylG 2005 as amended BGBl I 68/2013 to late to lead No..

(25) a decision against which an appeal is allowed under this Federal Act, before the expiry of the 31 December 2013 has been issued, the deadline for appeal at the end of 31 December 2013 is still running and was against this decision not already up to the expiry of the 31 December 2013 appeals filed, so complaint with the relevant country administrative court may be brought against them from January 1 until the end of the 15 January 2014. The State administrative court has this federal law as amended by Federal Law Gazette in these cases I no 87/2012 shall apply. One against such a decision until appointment is raised to the end of 31 December 2013 is considered timely raised complaints in accordance with article 130 paragraph 1 Z 1 B-VG.

(26) all appeals pending at the end of 31 December 2013 at the Federal Ministry of the Interior and proceedings for breach of the decision (article 73 AVG) according to this federal law, are from 1 January 2014 by the relevant country administrative court according to the provisions of this Federal Act as amended by Federal Law Gazette I to lead No. 87/2012 to end.

(27) a decision I no. 87/2012 after the expiry of the 31 December 2013 addresses according to this federal law as amended by Federal Law Gazette by the Constitutional Court or the Administrative Court, so this procedure to the competent administrative court falls, which I 87/2012 to decide No. after has this federal law as amended by Federal Law Gazette.

(28) any decision, approved at the end of the 31 October 2013, has a note on the legal consequence of paragraph 25 to contain.

(29) before 1st January 2014 issued residence permit "Long-term resident - family member" and "Long-term resident - EC" continue to apply within their validity as residence permit "Long-term resident – EU". Holders of a residence permit "Long-term resident - EC" of another Member State is considered to be holder of a residence permit "Long-term resident – EU" of another Member State.

(30) residence permits issued before January 1, 2014 "Niederlassungsbewilligung" continue to apply within the validity period and the scope of their authority.

(31) before the residence permit issued January 1, 2014 "red white red card plus" in accordance with section 41a paragraph 9 shall apply within their validity period and of the scope of the permission as "resident plus" in accordance with article 55, paragraph 1 AsylG 2005 continue. Prior to residence permits issued 1 January 2014 "red white-red - card plus" in accordance with section 41a para 10 apply within their validity period and of the scope of the permission as "resident plus" pursuant to § 56 para 1 AsylG 2005 continue.

(32) before establishment permits issued 1 January 2014 pursuant to § 43 3 AsylG continue to apply within their validity period and of the scope of the permission as "Resident" according to § 55 para 2 2005. Prior to establishment permits issued 1 January 2014 pursuant to § 43 para 4 AsylG continue to apply within their validity period and the scope of their authority as "Resident" pursuant to § 56 para 2 2005.

(33) for holders of a residence permit "red white red card plus" in accordance with section 41a paragraph 7 as amended by Federal Law Gazette I no. 68/2013 shall apply article 45 paragraph 12 as amended by Federal Law Gazette I no. 68/2013, also if within the five years not only on the basis of a residence permit as a subsidiary protection justified (§ 8 para 4 AsylG 2005) were continuously legally provided.

(34) valid residence permits of those third-country nationals, with July 1, 2013, on the basis of the Treaty of accession of the Republic of Croatia to the European Union, OJ No. L 112 of April 24, 2012 S. 10 EEA citizens are, apply as of 1 July 2013 within its validity as a registration certificate in accordance with section 53."

67. shall be added after paragraph 17 following paragraph 18 and 19 the article 82:


"(18) the paragraphs 3 paragraph 2 to 5, 3a, 8 par. 1 Z 3, 4, 7 and 8, 10 para 2 and 3 Z 3 and 4, 11 par. of 3, 12 paragraph 5 and 7, 13 2 Z 5, 19 para of 8, 20 para 3, 4a and 5, 21 3, 21a, para 5, 24 ABS. 4, 25 para of 1, 28 para 1" , 33 para 2, 37 para. 3 and 4, the quote customization in § 41 para 1, § 41 para 2-4, 41a para 1 Nos. 3 and para. 2 Z 3 and para 7, 8, 9 and 11, § 42 para 1 to 3, 43 para 1, 3 and 4, the heading of § 45, §§ 45 par. 1, 2, 8, 10 and 12 , 46 para 1 subpara 2 lit. a, 47 para 4 and 5, the heading of article 49, § 49 para 1 to 5, the heading of § 50, §§ 50 para 1, 56 para of 3, 61, 64 par. 4, the heading of section 65, §§ 65 and 81 paragraph 23 to 27 and 29 to 33, and the table of contents in the version of Federal Law Gazette I no. 68/2013 with 1 January 2014 into force. The §§ 8 par. 1 Z 9, 48 together with heading and 78 together with heading as amended by Federal Law Gazette I no. 68/2013 become at the end of 31 December 2013 override.

(19) which are no. 68/2013 I orders of the Federal Act Federal Law Gazette so as to understand that they refer to that version of the provisions of this federal law I no. 87/2012, would be given to them by the foreigners authority new structuring law - FNG, BGBl.

 

Article 6

Amendment to the border control Act

The border control Act (GrekoG), Federal Law Gazette I no. 435/1996, as last amended by Federal Law Gazette I no. 50/2012, is amended as follows:

1. in the table of contents, the following entry is inserted after the entry for paragraph 12:



"Article 12a.



Powers of the organs of public security service"2. In article 1, paragraph 1, the phrase "a people" is replaced by the phrase "a person".

3. § 1 para 2 and 3 are:

"(2) border control is independent of any other occasion solely on the basis of a proposed or already existing crossing a border made compliance with the Federal regulations governing the security police, the passport being, the aliens police as well as the weapons, shooting and explosives being. The border control includes also the surveillance of borders between border crossing points and the surveillance of border crossing points outside the fixed opening hours (border), to avoid that people go to border controls.

(3) border crossing is at the border or on the internal frontier in the case of the reintroduction of border controls within the meaning of article 23 ff of Regulation (EC) No. 562/2006 establishing a Community code for the crossing of borders by persons (Schengen borders code), OJ "No. L 105 of 13.04.2006, p. 1, as amended, by the competent authorities for crossing certain point or specific area during traffic hours, and in the scope of the intended purpose."

4. in section 1, paragraph 4, the quote is after the word 'Narrow' ', BGBl. III No. 90/1997 "inserted.

5. § eliminates 1 par. 5.

6. in article 1, paragraph 6, the word "Accession Convention" with the phrase is "Convention of 28 April 1995 on accession of Austria to the Schengen Convention, BGBl. III No. 90/1997," replaced.

7 § 3 para 1 and 2 are:

"Border crossing points are § 3 (1) in the rail, ship or air traffic at the border by the Federal Minister of the Interior in consultation with the Federal Minister of transport, innovation and technology to be set by regulation. The place or the area, the times and the scope of use are set in the regulation.

(2) other border crossing points are set by regulation by the Federal Minister of the Interior. This also applies to the temporary reintroduction of border control at internal borders. In the regulation are the place or the area, the times and the scope of use, in particular restrictions on the admissibility of Grenzübertrittes on certain persons, groups of persons, modes of transport or local areas, to set such as tourist zones or routes according to the needs. The regulation of regional police Director may be authorized, at border crossing points on land or sea traffic times due to the different use within a specified frame depending on the season, to set day of the week and weather with regulation."

8. in section 3, paragraph 3, the phrase "the State Police Division" is replaced by the phrase "The State Police Director".

9. in article 3, paragraph 4, the phrase "the State Police Division" is replaced by the phrase "the State Police Director" and the quote "Paragraph 1" by the quote "Paragraph 2".

10. in article 3, paragraph 6, the phrase "according to paragraph 1 or 3" is by the phrase "in accordance with par. 1 to 4" and the word "that" by the word "that" replaced.

11. in article 4, paragraph 1 is omitted after the word "border crossing" "to make known the word" and the word ", published" after the phrase "is located" inserted.

12. in article 5, paragraph 1, the last sentence reads:

"The nature of the signs is to determine by Ordinance of the Federal Minister of the Interior."

13 paragraph 5 paragraph 2:

"(2) no reference - or additional panels must be placed or attached at 1 border crossing for traffic on rail or water;

2. border crossing points in accordance with § 3 paragraph 2 If the admissibility of Grenzübertrittes still not more than three consecutive days passed;

3. border crossing points in accordance with § 3 paragraph 3;

4. border crossing points stretching over more than 100 metre-long part of the U.S. border;

5. border crossing points in the history of roads, paths or other to the crossing suitable locations which cut several times the Federal limit, if the identification of these interfaces on the basis of local conditions is sufficient. "

14. in article 6, paragraph 1, the word is "that" by the word "that" replaced.

15 paragraph 6 subsection 2:

"(2) the operator of airports and ports, as well as the road operator have to ensure through appropriate structural facilities or organisational measures to ensure that border control in accordance with the laws of the Union, as well as under the provisions of this Federal Act can be performed. For the cost operators of airports and ports, as well as the preserver of the road have even come up."

16 paragraph 3 deleted § 6.

17. in article 7, par. 2 and 3 is replaced each "includes" by the word "includes".

18 paragraph 8 section 1:

"Section 8 (1) is the authority within the meaning of this Federal Act, if not another is intended to the national police headquarters." The Federal Minister of the Interior is empowered to monitor the compliance with the provisions of the 4th section in addition."

19 paragraph 2 deleted § 8.

20 § 9 section 2 is omitted and receive the par. 3 and 4 (2) and (3) the sales denomination.

21. in section 10, paragraph 3, the word "Main Committee" is replaced by the word "Main Committee".

22. in article 11, receives the sales designation (3) of paragraph 2 and the following paragraph 2 is added (new):

"(2) the border on the internal frontier leads with the exception of cases article 10, par. 2 and 3 not to the subject of the border."

23 paragraph 12:

"Section 12 (1) border control is the authority. Bodies of the public security service is reserved, as far as it is to get through the exercise of immediate management regulatory command and coercive power. Official acts in the context of border control are according to the needs of practicality, simplicity, to make rapid and cost savings. The border is so carried prevent people to bypass the control at the border crossing points.

(2) the authority is authorized to use in the area of border crossing points for the implementation of border control of 1 image and sound recording device and 2 clearance electronics. The authority of the intended usage of this media immediately reported to the Federal Minister of the Interior. This has be given the opportunity to submit its observations within three days the right protection officer (§ 91a SPG). The use of resources must only after this period or after the occurrence of a corresponding statement of the legal protection officer be started, unless it would require immediate investigation to avert of serious danger. The use of image and sound recording equipment is clearly visible to announce.

(3) the Federal Minister for Home Affairs is empowered to subordinate officials of another contract or Member State the authority to carry out border control based on international rules. The subordinate officers may operate only under the direction and usually only in the presence of Austrian bodies of the public security service. All powers to be the subordinate officials, who are also the Austrian organs of public security in the context of border control available. The exercise of immediate command and coercive power in accordance with § 50 para 2 and 3 is security police law - SPG, Federal Law Gazette No. 566/1991, except in cases of self-defense and provided emergency relief, only in the presence of Austrian bodies of the public security service.


(4) the Federal Minister of the Interior can with regards to the low frequency and importance of cross-border traffic at individual border crossing points perform border control in the course of the Strip service at the border, interests if public or do not preclude the international commitments.

(5) at border crossing points, the not the common border, but exclusively or predominantly less serve the interests, is border control by the authority by a decision to order. In addition sections 5a and 5b SPG with the proviso that the obligation to pay the monitoring fees meets those, whose interests is the border crossing point shall apply'.

24. under article 12, 12a the following paragraph with heading shall be inserted:

"Powers of the organs of public security

section 12a. (1) the organs of public security are authorized to take people of a border control, unless there is reason to believe, that these are border subject or that they illegally outside border crossing need to make crossing the border or have made. This empowerment consists in crossing at border crossing points within the border control area, otherwise in that place where a Grenzkontrollpflichtiger is found; It is also in that place to which a person who has made or unauthorized outside a border crossing will make crossing the border will enter red-handed.

(2) the organs of public security are authorized to determine the identity of the persons concerned for the purposes of border control, as well as to visit their vehicles and otherwise carried containers outside and inside; If a customs body is present, the organs of public security can concede together to make a customs control this. Every person concerned is obliged to assist in identification (§ 35 SPG) to participate and the immediate enforcement of this measure to tolerate; He has also to ensure that the vehicles and containers for the tour are accessible. The organs of public security are authorized, the arrangements taken pursuant to § 50 para 2 and 3 SPS with immediate command and coercive power to enforce.

(3) which are organs of public security authorized for the purposes of border control 1 the authenticity of travel documents with the help of the certificates provided the authority in accordance with section 22d para 1 of the Passport Act 1992 (custom, BGBl. No. 839), and 2. the identity of the holder of a travel document or Visa, if there is any reason to doubt this, by comparison to the disk , to check the stored biometric data, with the exception of the DNA with the directly available, modify characteristics of the person to be monitored in the visa information system (VIS) or other central data application. Every person concerned is obliged to participate in this identity verification and to tolerate the immediate enforcement of this measure. The organs of public security are authorized, the arrangements taken pursuant to § 50 para 2 and 3 SPS with immediate command and coercive power to enforce.

(4) the organs of public security are authorized to ensure travel documents which facts justify the assumption that 1 that visa contained in them or they are forged or counterfeited or 2 that she designed were to reinforce false information about a person.

The organs of public security are thereby empowered the arrangements taken pursuant to § 50 para 2 and 3 SPS with immediate command and coercive power to enforce. The seized documents are, if it not a measure under the code of criminal procedure (StPO, BGBl. No. 631/1975) are subject to pass the authority and by this, as soon as their guarantee is no longer required, to provide that State they are attributable to the.

(5) the organs of public security are authorized to enter land within the framework of the monitoring of compliance with the provisions of section 4 and the implementation of border control, as well as to drive existing and appropriate ways, unless this is necessary for the implementation of these measures."

25 paragraph 13 paragraph 1:

"(1) persons who do not leave the transit area or the aircraft during a stopover at an Austrian Airport (transit passengers), are subject to, as far as EU law nothing is determined, not the subject of the border."

26. in article 13, paragraph 2 eliminates the parenthesis quote "(§ 12 des Fremdengesetzes – FrG, BGBl. Nr. 838/1992)".

27 paragraph 4 deleted § 13.

28. in article 14, paragraph 1, the word "Conclusion" is replaced by the word "Conclusion" and eliminates the phrase "or in the air transport sector" in the Z 2.

29 paragraph 15 paragraph 1:

"(1) border control authorities are authorized to use the personal data obtained in connection with the border control 1 for search queries within the framework of the security management and the activities of the security authorities in the service of criminal justice;

2. in the case of use of electronic processing equipment (§ 12 para 2) to identify automatisationsunterstützt and for the duration of the electronic clearance process to process;

3. the Federal Office for foreigners beings and asylum for the purpose of processing in the framework of the central register of foreigners (§ 26 BFA procedure law (BFA-VG), Federal Law Gazette I no. 87/2012) to provide, as far as they are relevant to the entry and residence permit of the person concerned;

4. other security authority suspected of a criminal offence for the purpose to provide law enforcement, as far as they are necessary for the fulfilment of the legal order of this authority."

30. in section 15 does not apply paragraph 2 and receives the sales designation (2) the existing paragraph 3.

31 the phrase "in para 1 and 2" by the phrase "of paragraph 1" and the quote is in section 15, paragraph 2 (new) "§ 12 par. 1a" by the quote "section 12 paragraph 2" as well as the parenthesis quote (para. 1) by the quote "according to para 1 Nos. 1 and 2" replaced.

32. in article 16, paragraph 1 Z 6 is the quote "§ 11 para. 2 No. 3" by the quote "article 11 par. 3 No. 3" and replaces the word "disrespected" by the word "disrespected".

33. 7 the following paragraph is added after paragraph 6 § 18:

"(7) §§ 1 paras 1 to 4 and 6, 3 para 1 to 4 and 6, 4 para of 1, 5 para 1 and 2, 6 para 1 and 2, 7 para 2 and 3, 8 para 1, 9 par. 2 and 3, 10 para 3, 11 para. 2 and 3, 12, 12a and heading, 13 para 1 and 2, 14 para 1" , 15 para 1 and 2, 16 para 1 Nos. 6 and § 21 as well as the table of contents in the version of Federal Law Gazette I no. 68/2013 with 1 January 2014 into force. "The article 1, par. 5, 6 section of 3.8 paragraph of 2, 9 para of 2 and 13 para of 4 and 15 para 2 as amended by Federal Law Gazette I no. 68/2013 become at the end of 31 December 2013 override."

34. in article 21 No. 2 replaces the word "foreign" the phrase "European and international".

35. in paragraph 21, no. 3 is inserted after the phrase "for national defense" the sequence of words 'and sport'.

36. in paragraph, the phrase "for science, transport and art" 21 No. 4 is replaced by the phrase "Transport, innovation and technology".

 

Article 7

Amendment of the Basic Law of supply - Federal 2005

The basic supply Act - Federal 2005 (GVG-B 2005), Federal Law Gazette No. 405/1991, amended by Federal Law Gazette I no. 87/2012, is amended as follows:

1. in article 2, paragraph 1 Z 2, the word "Appeal" is replaced by the quote "Complaint".

2. in article 9, paragraph 3, the quote is "§ 64 para 2 AVG" by the quote "§ 13 para 2 Administrative Court Procedure Act (VwGVG), Federal Law Gazette I no. 33/2013," replaced.

3 be added after paragraph 16 following paragraph 17 and 18 section 16:

"I no. 68/2013 (17) § 2 para 1 No. of 2 and 9 para 3 as amended by Federal Law Gazette into force on January 1, 2014.

(18) who are no. 68/2013 I orders of the Federal Act Federal Law Gazette so as to understand that they refer to that version of the provisions of this federal law I no. 87/2012, would be given to them by the foreigners authority new structuring law - FNG, BGBl..

Fischer

Faymann