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...

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68. Federal Law, with which the BFA-Provisioning Act, the BFA procedural law, the Asylum Act 2005, the Foreigners Police Act 2005, the Law on the Residence and the Residence Act and the Border Control Act as well as the Basic Supply Act-Federal Government 2005 amended (FNG-Adaptation Act)

The National Council has decided:

table of contents

Article 1

Amendment of the BFA furnishing law

Article 2

Amendment of the BFA procedural law

Article 3

Amendment of the Asylum Act 2005

Article 4

Amendment of the Tourism Act 2005

Article 5

Amendment of the law on the establishment of a residence and residence permit

Article 6

Amendment of the Border Control Act

Article 7

Amendment of the Basic Supply Act-Federal Government 2005

Article 1

Amendment of the BFA furnishing law

The BFA-furnishing law (BFA-G), BGBl. I No 87/2012, shall be amended as follows:

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

" § 2a.

Use of State officials and staff of the municipality of Vienna "

2. In the table of contents, the following entry shall be added after the entry in Section 8:

" § 9.

Transitional provisions "

3. In accordance with § 2, the following § 2a together with the heading is inserted:

" Use of national staff and staff of the municipality of Vienna

§ 2a. (1) Staff of the Länder and staff of the Municipality of Vienna may be used for the performance of tasks of the Federal Office in accordance with the provisions of para. 2 to 4 by assignment to the Federal Government for service in the Federal Office of the Federal Office.

(2) The assignment in accordance with paragraph 1 requires a contractual agreement between the federal government and the respective federal state or the municipality of Vienna, which in particular provides for provisions relating to the principles of the transfer of staff, the costs of costs and the of this assignment, and the termination of the assignment.

(3) The professional supervision of the staff shall be the subject of the competent federal bodies responsible under the organisational regulations.

(4) The assigned staff of the Länder and the municipality of Vienna shall remain in each case staff of the referring federal state or the referring community of Vienna with regard to their position in service and employment law. The Diensthoness of the Countries (Art. 21 (3) B-VG) or the municipality of Vienna on the staff assigned to the Federation shall remain unaffected. "

4. The previous content of § 8 receives the sales designation "(1)" and shall be added to the following paragraphs 2 and 3:

" (2) § 2a together with the title, § 9 together with the title and the table of contents in the version of the Federal Law BGBl. I n ° 68/2013 will be 1. Jänner 2014 in force.

(3) The orders of the Federal Law BGBl. I n ° 68/2013 are to be understood in such a way that they refer to the version of this Federal Law, which it is through the Tourism Restructuring Act-FNG, BGBl. I n ° 87/2012. "

5. In accordance with § 8, the following § 9 shall be added together with the heading:

" Transitional provisions

§ 9. As legal successor, the Federal Office of Foreign Affairs and Asylum is responsible for the function as adjudicating entity in accordance with § 4 Z 4 Data Protection Act 2000 for all data applications of the Federal Asylamtes. All registered data applications will be continued under the registration number of the Federal Office of the Federal Asylamate. There is no need for any new applications of the already registered data applications of the legal forward to the Data Protection Authority. The necessary corrections in the data processing register resulting from the succession shall be made by the Data Protection Authority. "

Article 2

Amendment of the BFA procedural law

The BFA-procedural law (BFA-VG), BGBl. I No 87/2012, shall be amended as follows:

1. In the table of contents there is no entry to the 5. the main item and shall be inserted after the entry to § 15 of the following entry:

" 5. Main item: Appeal procedure "

2. In the table of contents, the entries are in accordance with § § 16, 17, 18, 19, 20, 21 and 22:

" § 16.

Complaints and effects of complaints

§ 17.

Recognition of the suspenseable effect of a complaint

§ 18.

Dismise of the suspenseable effect of a complaint

§ 19.

Safe countries of origin

§ 20.

Bringing forward in the complaint

§ 21.

Proceedings before the Federal Administrative Court

§ 22.

Review of the lifting of the de facto deportation protection "

3. The following entries are inserted in the table of contents after the entry to § 22 (New):

" § 22a.

Legal protection in the event of arrest, holding and detention

§ 22b.

Complaints against charges in proceedings before the representative authorities to issue Austrian documents for strangers in accordance with the 11. The main part of the FPG "

4. In the table of contents, the following entry is added after the entry:

" § 58.

Transitional provisions "

5. The content of § 7 shall be replaced by the sales designation "(1)" and will be quoted in paragraph 1 (new) in Z 5 "§ 3 (2) (1) to (6)" by quoting "§ § 3 (2) (1) to (6) and (4) (1) (1) and (2)" replaced.

6. § 7 is added in accordance with paragraph 1 (new) of the following paragraph 2:

" (2) In any case, the Federal Administrative Court shall decide in the case itself if the Administrative Court of a revision or the Constitutional Court of a complaint against a recognition of the Federal Administrative Court in accordance with paragraph 1 has been granted. "

7. In § 8, after the word "Findings" the phrase "or decisions" inserted.

8. § 13 is added in accordance with section 5 of the following paragraph 6:

" (6) an unaccompanied minor of a minor who is not in a position to search for family members in the State of origin, in a third country, or in any other Member State, on the basis of circumstances not situated in his or her own person, shall be subject to the following conditions: Member State, regardless of whom it is managed, must cooperate and submit the results to the Federal Office without delay. The obligation to present the results does not exist in so far as they are not available to the Authority in any case. This duty of participation shall not apply if the search for the family member is not in the interest of the child's interest. Unaccompanied unaccompanied minors shall, at their request, be supported by the Authority in the search for their family members. "

9. The following sentences are added to Article 15 (1):

" At the request of the representative authority, the applicant shall appear in person before this person, accompanied, if necessary, by an interpreter (§ 39a AVG). Section 10 (1) of the last sentence of the AVG applies only to persons authorized to represent professional parties in Austria. "

Section 15 (2) reads as follows:

"(2) Party in proceedings before the representative authority shall be exclusively the applicant."

11. § 15 shall be added to the following paragraphs 3 to 5 in accordance with paragraph 2:

" (3) Decisions pursuant to paragraph 1 shall be made in writing in such a way as to enable the person concerned to understand the content and effect of such decisions. The person concerned shall be informed in a precise and comprehensive way the grounds of public policy, public security or public health which are based on the decision in question, unless the reasons for the security of the Republic of Austria are Communication. The written copy of the explanatory statement shall also indicate the instance of the appeal.

(4) The copy shall be replaced by the name of the representative authority, the date of the decision and the signature of the convicted person; the signature may be replaced by the seal of the Republic of Austria, provided that the identity of the Approvable in the act is understandable. Delivery shall be effected by hand in the representative authority or, insofar as the international exercise allows it, by postal or electronic means; if this is not possible, the service shall be delivered by the office of the office of the Representative authority.

(5) For the calculation of the start, run and end of time limits (§ 33 AVG), the weekend and holiday arrangements of the receiving State shall apply. "

12. The previous heading of the 5. The main item is deleted and the following new heading of the 5. Main item inserted in accordance with § 15:

" 5. Main item

Appeal procedure "

13. § § 16 to 22 with headings are:

" Complaint period and effect of complaints

§ 16. (1) The time limit for the collection of a complaint against a decision of the Federal Office shall be two weeks, unless otherwise specified. Section 7 (4), first sentence of the Federal Act on Administrative Jurisditions (Administrative Court Procedure-VwGVG), Federal Law Gazette (BGBl). I No 33/2013 shall not apply, unless the stranger concerned is an unaccompanied minor at the time of the certification.

(2) A complaint against a decision, with which:

1.

a request for international protection is rejected and the latter is linked to a stay-ending measure, or

2.

an application for international protection is rejected and a enforceable return decision already exists

The Federal Administrative Court shall not grant the suspensive effect, unless it is granted by the Federal Administrative Court (Bundesverwaltungsgericht).

(3) In the event of a rejection or rejecting decision in the family procedure referred to in the fourth paragraph of this Article. Section of the 4. The main piece of the Asylum Act 2005, also filed only by a family member concerned, is also deemed to be a complaint against the decisions concerning the other family members (§ 2 Z 22 AsylG 2005); none of these decisions is then the legal force is accessible. Any complaints against decisions in the family proceedings shall have suspensive effect as soon as at least one complaint has a suspensive effect in the same family procedure.

(4) If a complaint against a decision refusing an application for international protection has been rejected or dismissed, the suspensing effect shall not be enforceable, it shall be enforceable. The implementation of the decision to terminate the decision or the removal of the expulsion decision, which is already in existence, is to take place until the end of the period of appeal, an appeal shall be taken until the end of the period of appeal until the end of the period of appeal. on the expiry of the seventh day from the date of submission of the complaint. The Federal Administrative Court shall inform the Federal Office without delay of the submission of the notice of appeal and of the granting of the suspenseding effect.

(5) A complaint against a decision on an application for a residence permit after the 7. The main part of the Asylum Act 2005 or a related application for this purpose does not give rise to a residence or a stay in a place of residence. § 58 (13) Asylum Act 2005 applies.

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

Recognition of the suspenseable effect of a complaint

§ 17. (1) The Federal Administrative Court shall have the appeal against a decision refusing an application for international protection and

1.

this refusal is linked to a stay-ending measure, or

2.

a enforceable return decision already exists

within one week from the submission of the appeal by a decision granting the suspensive effect if it is to be assumed that a refusal, repatriation or deportation of the stranger to the State to which the residence-terminated measure is to be taken is a real risk of a breach of Article 2 of the ECHR, Article 3 of the ECHR, Article 8 of the ECHR or Protocols No 6 or No 13 to the Convention, or a serious threat to life or integrity for him as a civilian arbitrary violence in the context of an international or national conflict with itself would bring.

(2) The Federal Administrative Court has to decide within eight weeks of a complaint against a rejecting decision pursuant to paragraph 1.

(3) In deciding whether a complaint against an order for non-national provision is granted the suspensive effect, it is also based on the Union law principles of Art. 19 (2) and (20) (1) lit. e Dublin Regulation and the need to ensure the effective implementation of Union law.

(4) An expiry of the period referred to in paragraph 1 shall not preclude the granting of the suspenseable effect.

Dismise of the suspenseable effect of a complaint

§ 18. (1) A complaint against a dismissive decision on a request for international protection may dissume the Federal Office of the suspensive effect if:

1.

the asylum seeker comes from a safe country of origin (§ 19),

2.

the asylum seeker has already been in Austria for at least three months before the date of application, unless he does not apply for international protection within three months on the basis of special circumstances which he does not consider to be representative of. was able to enter the country. Significant, tracking-related changes in circumstances in the country of origin are to be taken into account,

3.

the asylum seeker has tried to deceive the Federal Office of his true identity, his nationality or the authenticity of his documents despite the fact that he has been given the consequences of the consequences,

4.

that the asylum seeker has not put forward persecution grounds,

5.

the asylum seeker's claim to his threat situation does not appear to correspond to the facts, or

6.

A enforceable return decision, a enforceable expulsion order or a enforceable ban on residence has been issued against the asylum seeker before the application for international protection has been given.

If the Federal Office has not recognized the suspensive effect, paragraph 2 shall not apply to these cases. If the Federal Office has disregarded the suspensive effect, this shall be deemed to be a withdrawal of the suspensive effect of a complaint against a return decision which is linked to the repellent decision on an application for international protection.

(2) The suspensive effect of a complaint against a return decision shall be discernable by the Federal Office if:

1.

the immediate departure of the third-country national is required in the interests of public policy or public security;

2.

the third-country national has returned to the territory of the Federal Republic of Germany for a travel ban, or

3.

The risk of escape exists.

(3) In the case of EEA citizens, Swiss citizens and beneficiary third country nationals, the suspensive effect of a complaint against a ban on residence may be recognised if their immediate departure or immediate enforceability is in the interests of the public policy or security.

(4) The appeal against expulsion in accordance with § 66 FPG may not be dismissed by the suspent.

(5) The Federal Administrative Court has, within one week from the submission of the appeal, to grant the suspensive effect to the appeal which has been dismissed by the Federal Office of the Federal Administrative Court, if it is to be assumed that a refusal, Repatriation or deportation of the foreigner to his State of origin would constitute a real risk of a breach of Article 2 of the ECHR, Article 3 of the ECHR, Article 8 of the ECHR or Protocols No 6 or No 13 to the Convention, or to him as a civil person serious threat to life or integrity as a result of indiscriminate violence within the framework of a international or domestic conflict.

(6) An expiry of the period referred to in paragraph 5 shall not preclude the granting of the suspenseable effect.

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

Safe countries of origin

§ 19. (1) Safe countries of origin are the Member States (Section 2 (1) (18) of the Asylum Act 2005).

(2) Where 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, finds that there is a clear risk of a serious Breach of the principles set out in Article 6 (1) TEU by a Member State (Art. 7 (1) TEU), complaints against decisions concerning applications for asylum seekers from that country of origin shall not be discernable from the suspensive effect.

(3) Where a procedure has been initiated in accordance with Article 7 (1) TEU, it shall not be established in accordance with Article 7 (2) TEU or any measures imposed in that connection (Art. 7 (3) TEU) repealed (Art. 7 (4) TEU), complaints against decisions concerning applications of asylum seekers from that country of origin may be retaken to the suspensive effect.

(4) Other safe countries of origin are:

1.

Australia;

2.

Iceland;

3.

Canada;

4.

Liechtenstein;

5.

New Zealand;

6.

Norway;

7.

Switzerland.

(5) The Federal Government is empowered to establish by Regulation that:

1.

Complaints from asylum seekers coming from a Member State of origin referred to in paragraph 4 shall no longer be able to be removed from the suspensive effect and

2.

states other than those referred to in paragraph 4 shall be considered as safe countries of origin.

The main focus is on the existence or absence of state persecution, protection against private prosecution and legal protection against the violations of human rights suffered.

Bringing forward in the complaint

§ 20. (1) In a complaint against a decision of the Federal Office, new facts and evidence may only be brought forward,

1.

if the facts to which the decision was based have been substantially amended following the decision of the Federal Office;

2.

if the proceedings before the Federal Office were defective;

3.

if these were not accessible to the stranger until the date of the decision of the Federal Office, or

4.

if the stranger was not able to bring them forward.

(2) It is not necessary to decide on the admissibility of the introduction of new facts and evidence if these are not relevant for the decision of the Federal Administrative Court.

(3) Paragraph 1 is based on complaints against decisions of the Federal Office on the basis of an application for the grant of a residence permit according to the 7. The main part of the Asylum Act 2005 should not be applied.

Proceedings before the Federal Administrative Court

§ 21. (1) To negotiate before the Federal Administrative Court, the Federal Office shall be charged; the Federal Office shall have the right to submit applications and questions.

(2) The Federal Administrative Court shall, within eight weeks, recognise, within eight weeks, of complaints against decisions with which an application has been rejected in the authorisation procedure, in so far as the appeal has not been granted the suspensive effect.

(3) If the appeal against the decision of the Federal Office is to be granted in the authorisation procedure, the procedure shall be approved. The appeal against the decision in the authorisation procedure must also be uphold if the facts in question are so deficient that the conduct or repetition of an oral hearing appears inevitable.

(4) In proceedings against a decision in the airport proceedings (§ 33 Asylum G 2005) the Federal Administrative Court has, if the facts have been sufficiently ascertained or the determination of the relevant facts by the Federal Administrative Court It is in the interest of the Rashness itself or is associated with a considerable cost saving, to make a decision on the matter.

(5) If the Federal Administrative Court has complain against a measure ending in residence, the Federal Administrative Court shall no longer comply with the appeal decision at the time when the appeal decision is issued. to determine whether the measure to be completed was lawful at the time of the release. If the measure to end the stay was not lawful, the re-entry into the country of residence is to be permitted.

(6) Within a period of a period of complaints against complaints pursuant to Section 51 of the FPG, which established the admissibility of the deportation to a particular state, it must be decided within a period of time, unless the posture of the stranger had previously ended.

(7) An oral hearing cannot be held if the facts of the case in connection with the complaint appear to be resolved or if the investigations so far prove beyond reasonable doubt that the case does not correspond to the facts. In addition, § 24 VwGVG applies.

Review of the removal of the de facto deportation protection

§ 22. (1) A decision by the Federal Office to remove the factual deportation protection of a stranger (Section 12a (2) of the Asylum Act 2005) shall be subject to review by the Federal Administrative Court without delay. The procedure shall be decided without holding an oral hearing. § 20 shall apply mutatily. § 28 para. 3 2. sentence VwGVG is not applicable.

(2) The removal of the deportation protection pursuant to § 12a (2) Asylum Act 2005 and an upright return decision in accordance with § 52 FPG or an expulsion pursuant to § 66 FPG are enforceable in accordance with Section 12a (2) Asylum G 2005. With the implementation of the deportation pursuant to Section 46 of the FPG, which restates the return decision or expulsion, until the end of the third working day from the time the administrative files to be transferred pursuant to § 22 (10) of the Asylum Act 2005 have expired, the competent authority shall be responsible for the Court Department of the Federal Administrative Court. The Federal Administrative Court shall immediately inform the Federal Office of the entry of the administrative files to the competent judicial department and of the decision taken in the context of the review in accordance with paragraph 1 concerning the legality of the repeal of the To communicate deportation protection.

(3) The Federal Administrative Court has to decide within eight weeks on the legality of the removal of the deportation protection in the context of the review in accordance with paragraph 1. "

14. According to § 22 (New) the following § § 22a and 22b together with the headings are inserted:

" Legal protection in the event of arrest, holding and detention

§ 22a. (1) The foreigner shall have the right to call the Federal Administrative Court against the allegation of unlawfulness of the detention order, arrest or posture, if:

1.

he has been arrested under this federal law,

2.

it is or has been suspended on the basis of this federal law, or

3.

against him in custody according to the 8. The main part of the FPG has been arranged.

(2) The decision of the Federal Administrative Court on the continuation of the detention shall be carried out within one week, unless the posture of the stranger would have ended before.

(3) In the event that the holding continues, the Federal Administrative Court shall, in any case, determine whether, at the time of its decision, the conditions applicable to the continuation of the thrust are available.

(4) If a foreigner is to be continuously held in custody for more than four months, the proportionality of the holding shall be after the day on which the fourth month has been exceeded, and thereafter every four weeks by the Federal Administrative Court. check. The Federal Office shall submit the administrative files in sufficient time for the Federal Administrative Court to remain a week before the relevant dates for the decision. Upon presentation of the administrative acts, the complaint shall be deemed to have been filed for the stranger in custody. The Federal Office has to explain why the maintenance of the thrust is necessary and proportionate. In any event, the Federal Administrative Court shall determine whether, at the time of its decision, the conditions governing the continuation of the thrust are in place and whether the maintenance of the thrust is proportionate. This review has to be omitted to the extent that a complaint has already been lodged in accordance with paragraph 1.

Complaints against charges in proceedings before the representative authorities to issue Austrian documents for strangers in accordance with the 11. The main part of the FPG

§ 22b. (1) The appellant has to join the complaint against a communication from an Austrian representative body with all the documents submitted by him in the proceedings before the relevant representative authority, together with a translation into the German language.

(2) The appeal proceedings shall be carried out without oral proceedings. No new facts or evidence may be brought forward.

(3) All expositions of the responsible representative authority and the Federal Administrative Court for interpreters and translators, as well as for the verification of interpretation and translation, are cash outlays in the sense of § 76 AVG.

(4) The notification of the decision of the Federal Administrative Court shall be made via the representative authority. Section 15 (4) shall apply. "

15. In § 26 (1), last sentence, the phrase "the Federal Office" through the phrase "the Federal Minister of the Interior, the Federal Office, the representative authorities" replaced.

16. In § 27 (1) Z 12, after the word Federal Law the phrase "or the FPG" inserted.

17. The following paragraphs 3 and 4 are added to § 56:

" (3) § § 7, 8, 13 para. 6, 15, the title of the 5. Main piece and § § 16 to 22b including headlines, § § 26 para. 1 last sentence, 27 para. 1 Z 12 and § 58 as well as the table of contents in the version of the Federal Law BGBl. I n ° 68/2013 will be 1. Jänner 2014 in force. The title of the 5. Main piece in the version before the BGBl. I No 68/2013 will expire at the end of 31 December 2013.

(4) The orders of the Federal Law BGBl. I n ° 68/2013 are to be understood in such a way that they refer to the version of this Federal Law, which it is through the Tourism Restructuring Act-FNG, BGBl. I n ° 87/2012. "

18. In accordance with § 57, the following § 58 shall be added together with the heading:

" Transitional provisions

§ 58. (1) Foreign police authorities in accordance with the FPG in the version before the Federal Law BGBl. I n ° 87/2012 remain for data on their behalf in the Central Tourist Register according to § 101 FPG in the version prior to the Federal Law BGBl. I No 87/2012 shall be processed, including from 1. Jänner 2014 Client according to § 4 Z 4 Data Protection Act 2000 (DSG 2000), with the proviso that the procedure on which the respective date is based before the 1. Jänner 2014 has been finalized. It's from the 1. In the event of a change, correction or deletion of these data from its own account or upon request, this obligation shall be made by the authorities in accordance with this Federal Act and the FPG in the version of the Federal Law BGBl. I n ° 68/2013 as new contracting entity pursuant to § 4 Z 4 DSG 2000. The deadline in accordance with § 27 (4) of the German Data Protection Act (DSG 2000) begins with the receipt of the application to the competent authority.

(2) Data in other data applications may be used by the tourist police authorities in accordance with the FPG in the version before the Federal Act BGBl. I n ° 87/2012 at the latest until the expiry of the legal retention periods of the FPG in the version before the Federal Law BGBl. I No 87/2012 will be used even if, after the end of 31 December 2013, there is no longer any responsibility for the management of the underlying procedures.

(3) As legal successor, the Federal Administrative Court takes over the function as adjudicating entity in accordance with § 4 Z 4 Data Protection Act 2000 for all registered and non-reporting data applications of the Asylum Court in the area of the Asylum Act 2005 and of the FPG. All registered data applications will be continued under the registration number of the Asylum Court. There is no need for any new applications of the already registered data applications of the legal forward to the Data Protection Authority. The necessary corrections in the data processing register resulting from the succession shall be made by the Data Protection Authority. "

Article 3

Amendment of the Asylum Act 2005

The Asylum Act 2005 (Asylum G 2005), BGBl. I n ° 100, as last amended by the Federal Law BGBl. I No 87/2012, shall be amended as follows:

1. § 2 para. 1 Z 9 reads:

" 9.

The status directive: Directive 2011 /95/EU on standards for the recognition of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons with a right of access for subsidiary protection and for the content of the protection granted; OJ L 327, 27.4.2002, p. OJ L 337, 20.12.2011, p. 9;

2. In § 2 para. 1 Z 22, after the word order "passed" the phrase " , as well as the legal representative of the person who has been granted international protection, if this is a minor and not married, provided that this right-wing relationship already exists in the country of origin " is replaced and the point at the end of the sentence is replaced by a line point.

3. In Section 8 (4), the phrase "Another Year" through the phrase "two more years" replaced.

4. In Section 10 (3), the phrase "back or dismissed" by the word "dismissed" is replaced and the following sentence is added:

"If such a request is rejected, this shall only apply to the extent that there is no case of section 58 (9) (9) (1) to (3)."

5. In Section 12 (1), the quote shall be "§ X BFA-VG" by quoting "§ 16 (4) BFA-VG" replaced.

6. In § 14 para. 1a, the quote shall be "§ X BFA-VG, with" by quoting "§ 22 BFA-VG, with" and the quote "§ X BFA-VG, die" by quoting "§ 21 (3) of the BFA-VG, which" replaced.

6a. § 18 (2) reads:

' (2) The Federal Office shall, in the case of an asylum seeker, have an unaccompanied minor minor, a search for the members of his family in the country of origin, in a third country or a Member State, in accordance with the facts of the factual situation. Possibilities to perform. In the case of unaccompanied unaccompanied minors, the Federal Office shall support them in their search for family members. "

7. In Section 20, Section 4, the quote shall be: "§ 67e AVG" by quoting " § 25 Federal Act on the Procedure of Administrative Courts (Administrative Court Procedure Act-VwGVG), BGBl. I No 33/2013 " replaced.

8. In § 22 (10) the phrase is deleted "from officals" and it will be the citation "§ X BFA-VG" by quoting "§ 22 BFA-VG" replaced.

9. In § 33 (1) Z 4, the parenthesis shall be "(§ § 19 or 21 BFA-VG)" by the citing quote "(§ 19 BFA-VG)" replaced.

10. In § 35 (1) and (2), in each case after the word "Family members" the twist "in accordance with paragraph 5" inserted.

11. In § 35, para. 4, the parenthesis shall be "(Section 24 (4) of the FPG)" by the citing quote "(§ 26 FPG)" replaced.

12. In § 35, the following subsection (5) is added:

" (5) According to this provision, family members are those who are the parent of an underage child, spouse or, at the time of the application, a minor child of a foreigner who is entitled to the status of the subsidiary entitled to protection or to the status of the person who is a child of a child. As long as the marriage has already existed in the country of origin, it also applies to registered partners, provided that the registered partnership has already existed in the country of origin. "

13. In section 73, the following paragraphs 12 and 13 are added to the following paragraph:

" (12) § § 2 (1) Z 9 and 22, 8 (4), 10 (3), 12 (1), 14 (1a), 18 (2), 20 (4), 22 (10), 33 (1) Z 4, 35 (1), (2), (4) and (5) and 75 (17) to (21) in the version of the Federal Law BGBl (Federal Law). I n ° 68/2013 will be 1. Jänner 2014 in force.

(13) The orders of the Federal Law BGBl. I n ° 68/2013 are to be understood as referring to the version of the provisions of this Federal Law, which they are based on by the Tourism Restructuring Act-FNG, BGBl. I n ° 87/2012. "

14. The following paragraphs 17 to 22 are added to § 75:

" (17) All proceedings before 31 December 2013 at the Federal Office of Asylation are from 1 January 2013 onwards. Jänner 2014 from the Federal Office to the end.

(18) If a decision of the Bundesasylamtes, against which a complaint to the Asylum Court is admissible, has been issued before the end of 31 December 2013, the notice of appeal will expire on 31 December 2013 and has been filed against this If a decision has not been filed before the end of December 31, 2013, a complaint can be lodged with the Asylum Court, which may be filed against the first. Jänner up to the end of the 15th Jänner 2014 complaint is filed with the Federal Administrative Court. § § 14 to 16 VwGVG are not applicable. A complaint against such a decision up to the end of 31 December 2013 shall be deemed to have been lodged in a timely manner in accordance with Article 130 (1) (1) (B) of the VG.

(19) All complaints proceedings pending before the Asylum Court expired on 31 December 2013 are from 1. January 2014 by the Federal Administrative Court in accordance with the conditions laid down in paragraph 20.

(20) In the cases referred to in paragraphs 18 and 19, the Federal Administrative Court affirms in respect of applications for international protection.

1.

the repellant communication of the Federal Asylamate,

2.

any subsequent rejecting decision pursuant to Section 68 (1) AVG of the Federal Asylamate,

3.

the reputed communication pursuant to § 4 of the Federal Council of Asylate,

4.

any further notice pursuant to § 4 of the following rejecting decision pursuant to Section 68 (1) of the AVG of the Federal Asylamate,

5.

the decision of the Federal Office for the Protection of Asylum Seekers (Bundesasylamtes), which dismises the status of the person entitled to asylum in accordance with § 7, without the status of the subsidiary entitled to protection being granted, or

6.

the decision of the Federal Office for the Protection of the Protection of the Protection of the Protection of the Subsidiary Protection pursuant to § 9 of the German Federal Council of Asylum,

the Federal Administrative Court shall decide in each case whether the return decision is inadmissible in the course of this procedure or whether the procedure for examining the admissibility of a return decision is referred back to the Federal Office of the Federal Republic of Germany . If the proceedings are remitted, the considerations of the Federal Administrative Court are not binding in respect of the failure to present the permanent inadmissibility of the return decision for the Federal Office. In the cases of Z 5 and 6, no case of § § 8 (3a) or 9 (2) may be present.

(21) If a decision is taken under this Federal Act in the version before the Federal Law BGBl. I n ° 87/2012 after the expiry of the 31 December 2013 by the Constitutional Court, this procedure shall be returned to the Federal Administrative Court, which shall have to decide pursuant to paragraphs 19 and 20.

(22) Everyone who is informed at the end of the 31. The report shall contain a reference to the legal consequence of paragraph 18. "

Article 4

Amendment of the Tourism Act 2005

The Foreign Police Act 2005 (FPG), BGBl. I n ° 100, as last amended by the Federal Law BGBl. I No 87/2012, shall be amended as follows:

1. In the table of contents, after the entry to § 11 the following entry is inserted:

" § 11a.

Complaints against Austrian representative authorities in visa matters "

2. In the table of contents are the entries for § § 20 and 21:

" § 20.

Form and effect of Visa D

§ 21.

General requirements for the issuing of Visa D "

3. In the table of contents, the following entry is inserted after the entry in section 21:

" § 21a.

Visa for the longer term "

4. In the table of contents the entry is to § 22:

" § 22.

Visa for humanitarian reasons "

5. In the table of contents are the entries for § § 25 and 26:

" § 25.

Visas to issue a residence permit

§ 26.

Visa for inclusion in the family procedure according to the Asylum G 2005 "

6. In the table of contents, the following entry is inserted after the entry:

" § 26a.

Visa for re-entry "

7. In the table of contents the entry is to § 27:

" § 27.

Invalidity and non-validity of Visa D "

8. In the table of contents there is no entry to § 27b.

9. The following entries are inserted in the table of contents after the entry to § 81:

" 9. Main item: Appeal procedure against arrest and posture pursuant to § 39

" § 82.

Appeal to the Regional Administrative Court

§ 83.

Decision by the Regional Administrative Court "

10. In § 1 (1), after the word order "the Foreign Police" the phrase " , the issuing of entry titles " inserted.

11. § 2 (1) reads:

"(1) Entrance titles are visas according to the Visa Code, national visas (Visa D) in accordance with § 20 (1) and the Special Authorisations pursuant to § 27a."

12. In § 2 para. 2, Z 1 is deleted and the number designation Z 2 to 6 is given. " 1, 2, 3, 4. and 5. " .

13. In Section 2 (4), the word order is deleted in Z 11 "of more than three months" .

14. In Section 2 (4), the word order is deleted in Z 15 "for more than three months or in the long term" .

15. § 2 para. 4 Z 20 reads:

" 20.

Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders of the Member States and the list of third countries whose nationals must be exempt from this visa requirement, OJ L 327, 22. No. 1, as amended; "

16. In § 2 para. 4 Z 21, after the turn " S. 60 " the phrase "in the version in force" inserted.

17. In § 2 para. 4, in Z 21 the point is replaced by a stroke point and the following Z 22 is added:

" 22.

Visa Code: Regulation (EC) No 810/2009 establishing a Community Code on Visas, OJ L 327, 18.10.2009, p. No. 1., as amended. '

18. In Section 5 (3), the quote shall be deleted. "(§ 26)" .

19. In § 5 (4) the phrase is deleted "and Visa pursuant to section 21 (8)" and eliminate the word sequence " , those of Diplomatenvisa the Federal Minister for European and International Affairs " .

20. § 7 reads:

" § 7. It is the responsibility of

1.

the granting, failure, cancellation and waiver of visas in accordance with the Visa Code,

2.

the granting, failure and invalidation of visa D in accordance with the 3. Section of the 4. the main piece,

3.

the issue of visas in accordance with Article 25 (1) (lit). a Visakodex only with the agreement of the Federal Minister for the Interior,

4.

the granting, failure and invalidation of Visa D pursuant to Sections 22 and 26a only with the agreement of the Federal Minister of the Interior, and

5.

the granting, failure and invalidation of re-entry authorisations pursuant to § 27a only with the consent of the Federal Minister for the Interior

the representative authorities. "

21. In § 9 (1), after the word "decide" the phrase " , unless otherwise specified, " inserted.

22. In § 9, paragraph 4 receives the sales designation "(5)" and shall be inserted in the following paragraph 4 (new):

"(4) The Federal Administrative Court shall decide on complaints against decisions pursuant to § 5 (3) and (4)."

23. In § 11, the word order is referred to in paragraph 1. "to present themselves; the" through the phrase " to be submitted by itself; in proceedings for the issuance of a visa D, Art. 19 Visakodex shall be applied in the appropriate manner. The applicant has to appear before the representative authority at the request of the representative authority, if necessary accompanied by an interpreter (§ 39a AVG). Section 10 (1) of the last sentence of the AVG applies only to persons authorized in Austria to professional party representation. The replaced.

24. In Section 11 (2):

"(2) Party in proceedings before the representative authority shall be exclusively the applicant."

25. In § 11, the phrase in paragraph 3 shall be: "Authority or on a post-road basis" through the phrase "representative authority or, in so far as the international exercise allows it, to be carried out by a postal or electronic means; if this is not possible, the service shall be served by the office of the representative authority." replaced.

26. In Section 11 (4), the phrase "Decisions referred to in paragraph 1 shall be made in the case of beneficiary third-country nationals" through the phrase "Full subject of negative decisions pursuant to paragraph 1 concerning Visa D" replaced.

27. In § 11, paragraph 5 reads:

"(5) For the calculation of the start, run and end of time limits (§ 33 AVG), the weekend and holiday arrangements in the receiving State shall apply."

28. In Section 11 (6), the word "entry title" by the word "Visum D" is replaced by the word order ", in the cases of paragraph 5 of the Federal Minister for Home Affairs," .

29. The following paragraphs 7 and 8 are added to § 11 according to paragraph 6:

" (7) In the application for the grant of a visa, the foreign person shall disclose the respective purpose and the intended duration of the journey and the stay. The application shall be rejected if the applicant, with the exception of the cases of § 22 (3) FPG, does not submit a valid travel document or, where appropriate, no health certificate, despite the request and setting of a grace period, or if the applicant in spite of the corresponding failure, it has not appeared in person before the authority, although the charge has been referred to this legal order.

(8) Minor stranger, who is the 14. The issue of a visa can be applied for by the end of the year. The exhibition shall be subject to the consent of the legal representative, which shall be proven by the applicant. "

30. In accordance with § 11, the following section 11a and title shall be inserted:

" Complaints against the proceedings of Austrian representative authorities in visa matters

§ 11a. (1) The appellant has to join the complaint against a communication from an Austrian representative body with all the documents submitted by him in the proceedings before the relevant representative authority, together with a translation into the German language.

(2) The appeal proceedings shall be carried out without oral proceedings. No new facts or evidence may be brought forward.

(3) All expositions of the responsible representative authority and the Federal Administrative Court for interpreters and translators, as well as for the verification of interpretation and translation, are cash outlays in the sense of § 76 AVG.

(4) The notification of the decision of the Federal Administrative Court shall be made via the representative authority. Section 11 (3) shall apply. "

31. In § 15 (2), the word order shall be deleted " , a special authorisation for eighteen months following a refusal, repatriation or departure on the basis of a expulsion " and shall be heard before the word "Prohibition of stay" the phrase "travel bans or" inserted.

32. § § 20 and 21 together with the headings are:

" Form and effect of Visa D

§ 20. (1) Visa D shall be issued as

1.

Long-stay visa in the Federal Republic of Germany;

2.

Visa for humanitarian reasons;

3.

Visa for employment purposes;

4.

Visa for the purpose of finding a job;

5.

Visa to issue a residence permit;

6.

Visa for inclusion in the family procedure after the Asylum Act 2005;

7.

Visa for re-entry.

(2) Visa pursuant to paragraph 1 entitles the person to stay in the territory of the Federal Republic of Germany for more than three months, but not more than six months, and shall be issued for one or more times of entry. The use of gainful employment is permitted only in the cases of § 24.

(3) Visa pursuant to paragraph 1 shall be granted on a temporary basis. The period of validity of the travel document shall not exceed that of the travel document. The period of validity of the travel document shall exceed that of a visa by at least three months. A period of validity of the visa deviating from the permitted length of stay is inadmissible.

(4) The visa is to be made visible in the travel document of the foreigner by attachment.

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

(6) Visa pursuant to paragraph 1 (1) (1) and the Visa Code may be marked as a service visa under the conditions under which Austrian nationals are issued with Austrian service passports.

General requirements for the issue of Visa D

§ 21. (1) Visa pursuant to Article 20 (1) (1) (1) and (3) to (5) may be issued to a stranger on request, if:

1.

which has a valid travel document;

2.

no reason for failure (para. 2) and

3.

The re-departure of the stranger appears secured.

In the cases of Section 20 (1) (4) and (5), the representative authority shall refrain from the condition of the Z 3.

(2) The issuance of a visa shall be refused if:

1.

the purpose and conditions of the intended stay are not justified by the stranger;

2.

Reasonable doubt in the procedure for the issuance of a visa on the true identity or nationality of the foreigner, on the authenticity of the documents submitted or on the truth content of their contents or in the presence of further the conditions of grant;

3.

the foreigner does not have a health insurance cover covering all risks or he has a serious illness in the health certificate according to § 23;

4.

the stranger does not have sufficient resources for his maintenance and in the cases of § 20 (1), (1), (3) and (7) for the re-exit;

5.

The residence of the stranger could lead to a financial burden on a local authority, unless this burden would result from the fulfilment of a legal claim existing before the entry;

6.

the stranger has been expelled from the SIS for refusing entry;

7.

the residence of the stranger would endanger public order or security;

8.

there is a legally binding ban on entry or residence against the stranger, except in the case of § 26a (visa for re-entry);

9.

the residence of the foreigner would affect the relations of the Republic of Austria with another State;

10.

There is reason to believe that, apart from the cases of § 24, the foreign will intend to pursue gainful employment in the Federal Republic of Germany;

11.

Certain facts justify the assumption that the stranger belongs to or has belonged to a criminal organisation (§ 278a StGB) or to a terrorist organisation (§ 278b StGB), commits or has committed terrorist offences (§ 278c StGB), (§ 278e of the StGB) or has initiated or initiated a person for the commission of a terrorist offence (§ 278e StGB) (§ 278f StGB);

12.

Certain facts justify the assumption that the stranger by his conduct, in particular by public participation in violence, by the public call for violence or by inflammatory calls or irritation, the national security, or

13.

the stranger publicly, in a gathering or by propagating scriptures, approves or promotes a crime against peace, a war crime, a crime against humanity, or terrorist acts of comparable weight.

(3) The authority may grant a visa to a stranger in spite of the fact that a reason for failure to comply with paragraph 2 (2), (3), (4) or (5) has been made, if, on the basis of a public interest obligation, a legal entity in the meaning of Section 1 (1) Law of Officiation-AHG, BGBl. No 20/1949, or on the basis of the declaration of commitment by a person with a principal residence or registered office in the territory of the Federal Republic of Germany, the carrying of all costs appears to be secured, the public entities could be created by the stay of the stranger.

(4) If a request for the implementation of a recognition service pursuant to section 99 (1) (7) and (4) is not followed, the application for a visa shall be rejected. "

33. In accordance with § 21, the following § 21a and title shall be inserted:

" Long-stay visas

§ 21a. (1) The representative authority may grant a foreign visa to a foreigner for a longer-term stay in the federal territory if the conditions are fulfilled in accordance with § 21 (1).

(2) The pursuit of gainful employment shall not be permitted. "

34. The title of § 22 reads:

"Visa for humanitarian reasons"

35. In § 22 (1) the quote shall be "§ 21 (7) Z 2" by quoting "§ 21 (2) Z 6" replaces and eliminates the word sequence "which is spatially limited to the federal territory" and the word "Travel visa" by the word "Visa D" replaced.

36. In § 22 (1) and (3), the word order shall be " , reasons of national interest or due to international obligations " through the phrase "or reasons of national interest" replaced.

37. In § 22, paragraph 2 is deleted.

38. In § 23 (1) the word order is deleted "and women" .

39. In Section 24 (1), the phrase "Safety certificate according to § 11 AuslBG" is due to the phrase "Labour market official approval or certificate" replaced.

40. In § 24, paragraphs 3 and 4 are deleted.

41. In Section 24a, the first paragraph of paragraph 1 and the second paragraph of paragraph 2 shall be the quote "§ 21 (1) (1), (3) and (4)" by quoting "§ 21 (1) (1) and (2)" as well as in paragraph 3, the quote "§ 21 para. 1 Z 1 or 3" by quoting "§ 21 para. 1 Z 1 or 2" replaced.

42. § § 25 and 26 together with headings are:

" Visas to issue a residence permit

§ 25. (1) The establishment and residence authority of the competent representative authority shall inform the competent representative authority that a foreign person who is subject to the visa requirement would be granted a residence permit (Article 23 (2) of the NAG), is the stranger, taking into account the provisions of § 21 1 (1) and (2) to grant a visa of four months ' duration.

(2) The failure of the visa due to reasons pursuant to § 21 para. 2 Z 3 to 5 and 10 is not permitted. If the visa is not issued, the competent representative authority of the establishment and residence authority shall inform the competent authority of the office of establishment and the residence authority.

Visa to be included in the family procedure after the Asylum Act 2005

§ 26. In accordance with Section 35 (4) of the Asylum Act 2005, the Federal Office of Foreign Affairs and Asylum (Bundesamt für Xenwesen und Asyl) states that an application for international protection is probable by granting the status of the right of asylum or of the subsidiary entitled to be protected. to grant a visa with a four-month period of validity to the stranger without further entry. "

43. In accordance with § 26, the following § 26a and heading is inserted:

" Visas for re-entry

§ 26a. (1) The representative authority may grant a visa to a stranger on request for re-entry during the period of validity of an entry or residence ban if:

1.

this is necessary for important public or private reasons,

2.

the reasons which led to the omission of the residence measure which does not preclude and

3.

otherwise there is no visa failure reason.

(2) The validity period of the visa shall be determined objectively.

(3) The visa may be subject to conditions in the interests of maintaining public order or public security, taking into account the purpose of the stay. Conditions are in particular the pre-writing of certain border crossing points and itineraries, the limitation of the stay to the sprint of a district administrative authority, as well as the obligation to stay at periodic intervals in the case of a Police command to report. "

44. § 27 together with the headline is:

" Invalidity and non-validity of Visa D

§ 27. (1) Visa D shall be declared invalid if it is subsequently

1.

the facts become known; or

2.

the facts,

which would justify a non-division (Article 21 (1)).

(2) If a visa D is to be declared invalid, the Authority shall, after having established the relevant facts, give the interested party an opportunity to comment. The relevant facts must be recorded in a comprehensible way.

(3) Visa D shall be subject to the following conditions:

1.

a further visa D with overlapping validity is granted;

2.

against the stranger a residence-terminated measure according to the 8. the main item is to be adopted;

3.

the stranger makes a request for international protection;

4.

a residence permit is issued in accordance with the NAG or the Asylum Act 2005;

5.

the stranger Austrians, EEA citizens or Swiss citizens.

(4) If the visa D is declared invalid or unobjects, this shall be indicated in the travel document. For this purpose, each authority is authorised to issue a travel document on the occasion of an official act under this Federal Law, the BFA-VG, Asylum G 2005 or the NAG. "

45. In § 27a (1), after the word "Foreign" the phrase " , which is not subject to the visa requirement, " inserted.

46. In § 27a (2) the word "Reason for Visum Failure" through the phrase "Reason according to § 21 (2) Z 1 to 13" replaced.

47. In § 27a (3), last sentence, the phrase "in travel document" through the phrase "in the authorisation" replaced.

48. § 27a (4) reads:

"(4) The detailed design of the authorization shall be determined by the regulation of the Federal Minister of the Interior."

49. § 27a (6) reads:

"(6) The authorization shall be valid only in connection with a valid travel document."

§ 27b and title shall be deleted.

51. § 28 (2) reads:

"(2) Third countries whose nationals require a visa for transit through an Austrian airport on the basis of Article 3 (2) of the Visa Code shall be made known by the Federal Minister of the Interior with a Regulation."

52. In Section 31, Section 1, Z 3, after the word order "Residence titels are" the phrase "up to three months (Article 21 of the CISA applies)" inserted.

53. In § 41a (1) Z 2, the phrase "no re-entry permit" through the phrase "no visa for re-entry (§ 26a) or no authorization to re-return during the period of validity of a entry ban or a ban on residence (§ 27a)" replaced.

54. In Section 43 (1) Z 3, the phrase ' pursuant to Regulation (EC) No 810/2009 establishing a Community Code on Visas (Visa Code), OJ L 327, 29.10.2009, p. No. L 243 of 15.09.2009 S 1 " through the phrase "according to Visakodex" replaced.

54a. In Section 45 (1), the phrase "abroad" through the phrase "to a Member State" replaced.

55. In § 52 (5) the word order is deleted "or" permanent residence-family member "" .

56. In Section 52 (5) and Section 88 (1) (3), the word order shall be "Permanent residence-EC" through the phrase "Permanent residence-EU" replaced.

57. In § 52, paragraph 8, the quote shall be: "§ X BFA-VG" by quoting "§ 16 (4) BFA-VG" and the quote "§ 66 (4) AVG" by quoting " Section 28 (2) of the Federal Law on the Procedure of Administrative Courts (Administrative Court Procedure Law-VwGVG), BGBl. I No 33/2013 " replaced.

58. In § 53 (1) the word "will" by the word "can" and the phrase "under one enacted" through the phrase "shall be adopted" replaced.

59. In § 53, paragraph 1a is deleted.

60. In § 53 (2), the first sentence reads:

'An entry ban as referred to in paragraph 1 shall be adopted, subject to paragraph 3, for a maximum period of five years.'

61. In § 53 (3) (6), after the citing quote "(§ 278e StGB)" the phrase "or has directed or directed a person to commit a terrorist offence (§ 278f StGB)" inserted.

62. In § 55 para. 1a, the quote shall be "§ X BFA-VG" by quoting "§ 18 BFA-VG" replaced.

63. In § 55 para. 4, the quote shall be "§ X BFA-VG" by quoting "§ 18 (2) BFA-VG" replaced.

64. In § 59 (6) (1), the quote shall be "§ X BFA-VG" by quoting "§ 17 BFA-VG" replaced.

65. In § 59 (6) (2), the quote shall be: "§ X BFA-VG" by quoting "§ 18 BFA-VG" replaced.

66. § 60 (1) and (2) are:

" (1) The Federal Office may, at the request of the third country national, a travel ban pursuant to section 53 (2), taking into account circumstances relevant for the release of the return decision at the time or the time of entry at the time of the entry into the country. , if the third-country national has left the territory of the Member States in due time. The third-country national must be able to demonstrate the time-limit for leaving the country.

(2) The Federal Office may, in accordance with Section 53 (3) (3) (1) to (4), on the application of the third-country national, take account of circumstances relevant to the release of the return decision at the time or the time of entry of the third country. if the third-country national has left the territory of the Member States on time and has since spent a period of more than half of the time of entry in the country. The third-country national shall be required to provide proof of the period of departure on time. "

67. In § 65b, the quote § § 41a, 65a (2), 66, 67 and 70 (3) " by quoting "§ § 41a and 65a" replaced.

67a. In § 78, paragraph 5 is deleted.

68. In Section 80 (5), the quote shall be "§ X BFA-VG" by quoting "§ 17 BFA-VG" replaced.

69. In § 80, paragraph 6, the quote "§ X BFA-VG" by quoting "§ 22a (2) Z 3 BFA-VG" replaced.

70. § 80 (7) is deleted.

71. In accordance with § 81, the following 9. Main piece and headline inserted:

" 9. Main item

Appeal proceedings against arrest and detention pursuant to § 39

Appeal to the Regional Administrative Court

§ 82. The stranger has the right to call the Landesverwaltungsgericht (Landesverwaltungsgericht) with the allegation of the illegality of the arrest or the holding, if he/she

1.

has been arrested under this federal law, or

2.

is being or has been held under this federal law.

Decision by the Regional Administrative Court

§ 83. In order to decide on a complaint pursuant to Section 82 (1) (2), the Landesverwaltungsgericht (Regional Administrative Court) is responsible, in the case of which the authority has its registered office, which has ordered the holding. In the cases of § 82 (1) (1) (1), jurisdiction shall be determined by the place of arrest. "

72. In Section 88 (1), the word order is deleted in Z 3. "or" permanent residence-family member "(§ 48 NAG)" .

73. In Section 88 (2), the phrase in Z 1 shall be: "stop or" by the word "stop." The Z 2 as well as the number designation are replaced "1." .

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

" (2a) passports are strangers to those who are eligible for subsidiary protection status in Austria and who are not able to obtain a valid travel document of their home country, to issue on request, unless: compelling reasons of national security or public order. "

75. In § 97 (1), after the word "Return Decision" the phrase ", order for non-national provision" inserted.

76. In § 99 (1) Z 7 the phrase "or a special authorisation for eighteen months after a refusal or a return" .

77. In § 100 (3) the word order is deleted "; an appeal against it is not allowed."

78. In § 104 (1), after the word "State Police Directorates" the phrase "and the Federal Minister for Home Affairs" inserted.

79. In Section 113 (3), the quote becomes "§ 21 (6)" by quoting "§ 21 (3)" replaced.

80. In Section 113 (7), after the word order "The Cost" the phrase "the authority of the Authority" inserted and the phrase "shall bear the authority to which the foreign police procedure is to be attributed" through the phrase 'shall be borne by that legal entity on whose behalf the Authority has acted' replaced.

81. In Section 121 (3) (1), the quote shall be: "§ 27a or 27b" by quoting "§ 27a" replaced.

82. § 125 shall be added to the following paragraphs 21 to 27 in accordance with paragraph 20:

" (21) If a decision pursuant to this Federal Act, against which an appeal is admissible, has been adopted before the end of 31 December 2013, the period of appeal expires on 31 December 2013 and has not already been taken against this decision until 31 December 2013, an appeal may be made by the end of the period of 31 December 2013. Jänner up to the end of the 15th Jänner 2014 complaint to the relevant Regional Administrative Court. In these cases, the Landesverwaltungsgericht (Regional Administrative Court) has this federal law in the version before the Federal Act BGBl. I No 87/2012. An appeal against such a decision until the end of 31 December 2013 shall be deemed to have been lodged in a timely manner in accordance with Article 130 (1) (1) (B) of the VG.

(22) All appeals and complaints against the exercise of direct administrative and enforcement authority pursuant to this Federal Act, which are pending at the end of 31 December 2013 in the case of an Independent Administrative Senate of the Länder, shall be subject to the following provisions: 1. Jänner 2014 of the respective competent regional administrative court in accordance with the provisions of this Federal Act in the version before the Federal Law BGBl. I n ° 87/2012.

(23) All appeals pending before 31 December 2013 at a State Police Directorate pursuant to this Federal Act are from 1. Jänner 2014 of the respective competent regional administrative court in accordance with the provisions of this Federal Act in the version before the Federal Law BGBl. I n ° 87/2012.

(24) If a decision is made under this Federal Act in the version before the Federal Law BGBl. I n ° 87/2012 after the expiry of the 31 December 2013 by the Constitutional Court or the Administrative Court, this procedure shall be returned to the competent State Administrative Court, which shall, in accordance with the provisions of this Federal Act, be amended in the version before the Court of Justice. Federal Law BGBl. I No 87/2012.

(25) Assignments according to § 62 in the version before the Federal Act BGBl. I n ° 87/2012 remain up to the departure of the third-country national from the Federal territory. Before the entry into force of the Federal Law BGBl. I n ° 87/2012, return bans remain valid until the stipulated date and may, after 31 December 2013, be valid in accordance with § 60 (4) and (5) of the Federal Law Gazette (BGBl). I n ° 87/2012 are hereby repealed or declared to be subject-free. Before the entry into force of the Federal Law BGBl. In accordance with § 69 (2) and (3) of the Federal Law Gazette (BGBl), the right of residence shall continue to be valid until the end of the period of 31 December 2013. I No 87/2012 will be repealed or repealed. Before the entry into force of the Federal Law BGBl. In accordance with § 60 of the Federal Law Gazette of the Federal Republic of Germany (Federal Law Gazette), the Federal Law Gazette of the Federal Republic of Germany (BGBl), which is due to expire on 31 December 2013, shall remain valid until the end of the period of 31 December I n ° 68/2013 shall be repealed, shortened or declared unsuitable.

(26) Before the entry into force of the Federal Law BGBl. I n ° 68/2013 shall retain their validity. The disregard for these conditions is in accordance with § 121 of the Federal Law BGBl. I n ° 68/2013 continue to be punished.

(27) Everyone who is informed at the end of the 31. The report shall contain a reference to the legal consequence of paragraph 21. "

83. In § 126, paragraph 11 is given in the version BGBl. I n ° 87/2012 the sales designation "(12)" and shall be added to the following paragraphs 13 and 14 in accordance with paragraph 12 (new):

" (13) § § 1 para. 1, 2 para. 1, 2 and 4 Z 11, 15 and 20 to 22, § § 5 para. 3 and 4, 7, 9 para. 1, 4 and 5, 11 para. 1 to 8, 11a with headline, 15 para. 2, 20 to 21a including headlines, the title of § 22, § 22 (1) and (3), 23 para. 1, 24 Paragraph 1, 24a (1) to (3), 25 to 27 including headings, 27a, 28 (2), 41a A 2 Z 2, 43 (1) Z 3, 52 (5) and 8, 53 (1), first sentence and 3 Z 6, 55 (1a) and (4), 59 (6) (1) and (2), 60 (1) and (2), 80 (5) and (6), the 9. The main item, including heading, 88 (1) (3), (2) and (2a), § § 97 (1), 99 (1) Z 7,100 (3), 104 (1), 113 (6), 121 (3) Z 1, 125 (21) to (26) and (127) and the table of contents in the version of the Federal Law BGBl. I n ° 68/2013 will be 1. Jänner 2014 in force. § § 22 (2), 24 (3) and (4), 27b, 53 (1a) and 78 (5) and 80 (7) in the version before the Federal Act BGBl. I n ° 68/2013 will expire on 31 December 2013.

(14) The orders of the Federal Law BGBl. I n ° 68/2013 are to be understood as referring to the version of the provisions of this Federal Law, which they are based on by the Tourism Restructuring Act-FNG, BGBl. I n ° 87/2012. "

84. In § 127, the quote "§ § 16 (1), 17 (3), 25 (1), 28 (2) and 30 (4)" by quoting "§ § 11, 16 (1), 17 (3), 21, 28 (2) and 31 (4)" replaced.

Article 5

Amendment of the law on the establishment of a residence and residence permit

The Law on the Law of the Netherlands (NAG), Federal Law Gazette (BGBl). I n ° 100/2005, as last amended by the Federal Law BGBl. I No 87/2012, shall be amended as follows:

1. In the table of contents the entry is to § 45:

" § 45.

Residence permit "Permanent residence-EU" "

2. In the table of contents there is no entry to § 48.

3. The entry in the table of contents is § 49:

" § 49.

Third-country nationals with a residence permit "Permanent residence-EU" of another Member State "

4. In the table of contents the entry is to § 50:

§ 50.

Family members with a residence permit "Permanent residence-EU" of another Member State "

5. In the table of contents the entry is to § 65:

" § 65.

Holder of a residence permit "Permanent residence-EU" of another Member State "

6. In the table of contents there is no entry to § 78.

6a. In § 2 para. 3, the parenthesis "(Section 8 (1) (5))" by the citing quote "(Section 8 (1) (10))" replaced.

7. In § 3 (2) the word shall be deleted "the" and becomes the phrase "the Governor of the State" through the phrase "according to this federal law" , and the following final sentence is added:

"A written copy of the recognition is also to be delivered to the Federal Minister for Home Affairs".

8. In Section 3 (3), the phrase "This decision shall be taken on request if the procedure is to be dislodged for formal reasons (Article 22 (2)); against this decision" through the phrase "Against the cessation of a procedure for formal reasons in accordance with § 22 para. 2" replaced.

9. In § 3 (4), the word sequence shall be deleted "First Instance" .

Section 3 (5) reads as follows:

" (5) The Federal Minister of the Interior may issue a residence permit (§ 8) and the issuing of a documentation of the right of residence and establishment in the Union (§ 9) in the exercise of its supervisory law in accordance with § 68 (4) (4) of the AVG (German Act on the Rights of the Interior) Notification shall be declared void if the grant or exhibition

1.

in spite of the fact that a grant has been submitted pursuant to Article 11 (1) (1), (2) or (4), or

2.

in spite of a lack of a special condition of the second part, or

3.

caused by forgery of a document, false testimony or an act punishable by a court, or otherwise, it has been made skewable.

In the cases of Z 1 and 2, the annulment shall be admissible only within three years after issue or issue. "

11. In § 3a, the word order shall be "the Governor of the State" through the phrase "according to this federal law" replaced.

12. In Section 8 (1) (1) (1), the quote shall be: "§ § 12d or 24 AuslBG" by quoting § § 20d (1) (1) to (4) or 24 (AuslBG) replaced.

13. In § 8 paragraph 1 Z 3, the quote "§ 12d para. 2 Z 4 AuslBG" by quoting "§ 20d sec. 1 Z 5 AuslBG" replaced.

14. In Section 8 (1) (4), the word order shall be deleted "and an independent" as well as the phrase " , for which a corresponding entitlement under the Foreigners Employment Act applies, " .

§ § 8 (1) Z 7, 10 (2) and 3 (3) and (4), § 13 (2) Z 5, 20 (3) and 4a, 28 (1), in the title of § 45, § 45 (1), (8) and (10), 46 (1) (1) (a), in the title of § 49, § 49 (1) and (2), in the title of § 50, § § 49 (1) and (2) of the German Law. 50 (1) and in the title of section 65 as well as in § 65, the phrase "Permanent residence-EC" through the phrase "Permanent residence-EU" replaced.

16. In § 8 (1) Z 8 the word order shall be " "permanent residence-family member" (Z 9) " through the phrase " "Permanent residence-EU" (Z 7) " replaced.

17. In § 8 (1), the Z 9 is deleted.

18. In Section 10 (2), the word order shall be deleted "and" permanent residence-family member "(§ 48)" .

19. In Section 10 (3) (4), the word order shall be deleted "or" permanent residence-family member "".

19a. In Section 11 (3), the quote " 1 Z 3, 5 or 6 " by quoting " 1 Z 5 or 6 " replaced.

20. In Section 12 (5), the phrase " according to § 73 of the General Administrative Procedure Act 1991 (AVG), BGBl. No. 51. " through the phrase " according to § 8 Administrative Court Procedure Act (VwGVG), BGBl. I No 33/2013 " replaced.

21. In Section 12 (7), the phrase " according to § 73 AVG and § 27 of the Administrative Court Act 1985 (VwGG), BGBl. No. 10 " through the phrase "according to § 8 VwGVG" replaced.

22. In § 19 (8) the word order is deleted "staying in the federal territory" .

23. In Sections 19 (8), 21 (3), 21a (5) and 24 (4) (4), the word shall not be used "First Instance" .

24. In § § 20 (3) and (28) (1) the word order shall be deleted. "or" permanent residence-family member "(§ 48)" .

25. In Section 20 (5), the phrase " "permanent residence-family member" (48) " and the phrase "permanent residence-family member" in each case by the word sequence "Permanent residence-EU" replaced.

26. In Section 21a (5), the phrase "legally resident in the territory of the Federal Republic of Germany and entitled to domestic application in accordance with section 21 (2)" by "one" replaced.

27. In § 25 (1), the quote "§ 73 AVG" by quoting "§ 8 VwGVG" replaced.

28. In § 33 (2), the quote shall be "§ § 12 (9) and 17 (2) of the AuslBG" by quoting "§ 20e para. 1 AuslBG" replaced.

29. In Section 37 (3), the word order is deleted "First Instance" and becomes the phrase "Procedure 2. Instance" through the phrase "a complaint procedure" replaced.

30. In § 37, para. 4, the quote is "§ 73 (1) AVG" by quoting "§ 8 VwGVG" replaced.

31. In § 41 (1) the word order shall be deleted "staying in the federal territory" .

32. In § 41 (1) the quote shall be "§ 12d para. 1 AuslBG" by quoting "§ 20d sec. 1 Z 1 AuslBG" replaced.

33. In § 41 para. 2 Z 1 the quote shall be "§ 12d paragraph 2 Z 1 AuslBG" by quoting "§ 20d sec. 1 Z 2 AuslBG" replaced.

34. In Section 41, Section 2, Z 2, the quote "§ 12d para. 2 Z 2 AuslBG" by quoting "§ 20d sec. 1 Z 3 AuslBG" replaced.

35. In § 41 (2) (3), the quote shall be: "§ 12d para. 2 Z 3 AuslBG" by quoting "§ 20d sec. 1 Z 4 AuslBG" replaced.

36. In § 41, paragraph 3, the quote "§ § 12d or 24 AuslBG" by quoting "§ § 20d or 24 AuslBG" replaced.

37. In § 41, paragraph 4, the quote "§ 12d AuslBG" by quoting "§ 20d AuslBG" replaced.

38. In § 41a (1) Z 3, the quote shall be: "§ 12d paragraph 5 Z 1 AuslBG" by quoting "§ 20e para. 1 Z 2 AuslBG" replaced.

39. In § 41a (2) Z 3, the quote shall be: "§ 12d Abs. 5 Z 2 AuslBG" by quoting "§ 20e para. 1 Z 3 AuslBG" replaced.

40. § 41a (7) reads:

"(7) Third-country nationals may be granted a residence permit" Red-White-Red-Card plus " in a procedure in accordance with Article 24 (4) if:

1.

they have the conditions of 1. the part,

2.

they have a "residence permit" and

3.

a written communication from the regional office of the Labour Market Service pursuant to § 20e (1) Z 1 AuslBG is available. "

41. In § 41a (8) the word order shall be " "Permanent residence-EC" or "permanent residence-family member" (§ § 45 (10) or 48 (4)) " through the phrase " "Permanent residence-EU" (§ 45 (10)) " replaced.

42. In § § 41a (9) and 43 (3), the phrase in each case shall be deleted. "on a substantiated request" .

43. § 41a is added in accordance with paragraph 10 of the following paragraph 11:

" (11) In the cases referred to in paragraphs 1 and 7, the collection of a written notice from the regional office or an expert opinion from the National Office of the Labour Market Service shall be subject to the application of a written notice from the Regional Office of the Labour Market Service.

1.

must be rejected or dismissed due to a lack of form or absence of a condition pursuant to § § 19 to 24; or

2.

is to be dismissed in accordance with Section 11 (1).

If the negative decision of the regional office of the Labour Market Service on the admission in the cases of Section 20e (1) of the AuslBG in legal force increases, the procedure shall be adjusted without further ado. "

44. In Section 42 (1) (2), the quote shall be: "§ 12d para. 2 Z 4 AuslBG" by quoting "§ 20d sec. 1 Z 5 AuslBG" replaced.

45. In § 42 (2) and (3) the citation shall be "§ 12d para. 2 AuslBG" by quoting "§ 20d para. 1 AuslBG" replaced.

46. § 43 (1) reads:

"(1) Third-country nationals who have a residence permit in accordance with Article 41 (2) (4) (4) may be granted a" settlement permit " if they

1.

the conditions of the 1. the part, and

2.

have carried out an activity in accordance with § 24 AuslBG in the last 12 months and should continue to do so. "

47. § 43 is added in accordance with Section 3 of the following paragraph 4:

"(4) Third-country nationals who have a residence permit pursuant to Article 41 (1) or (2) (1), (2) or (3) may be granted a" settlement permit " if:

1.

they have the conditions of 1. the part,

2.

a case of section 41a (1) is not present; and

3.

they have carried out an activity in accordance with § § 12 to 12b of the AuslBG in the last 12 months. "

48. In Section 45 (2), the quote shall be: "(Section 8 (1) (10))," by quoting "(Section 8 (1) (10)) or" replaces and eliminates the word sequence "or a residence permit as subsidiary protection authority (Section 8 (4) Asylum Act 2005)" .

49. In § 45 (8) the phrase is deleted ", unless there is a case of § § 47 or 48; in this case, he is to issue a residence permit" permanent residence-family member "(§ 48) from officals" .

50. In § 45, the following paragraph 12 is added after paragraph 11:

" (12) persons entitled to asylum who have had an uninterrupted status in the last five years on the status of the person entitled to asylum (§ 3 Asylum G 2005) and who are eligible for subsidiary protection in the last five years without interruption due to a residence permit As a subsidiary protection authority (Section 8 (4) of the Asylum Act 2005), a residence permit entitled "Permanent residence-EU" may be issued if it has been granted a residence permit ("Permanent residence-EU")

1.

the conditions of the 1. Fulfill Part and

2.

Module 2 of the Integration Agreement (§ 14b).

The period between the application of the application for international protection (Article 17 (2) of the Asylum Act 2005) and the granting of the status of the right of asylum or of the subsidiary entitled to protection is halfway, provided that this period exceeds 18 months in total, to the five-year period. "

51. In Section 47 (4), the phrase "a" residence permit "" through the phrase "a residence permit" Red-White-Red-Card plus "" replaced.

52. § 47 (4) Z 3 reads:

" 3.

a written communication from the regional office of the Labour Market Service pursuant to § 20e (1) Z 1 AuslBG is available. "

53. § 47 is added in accordance with paragraph 4 of the following paragraph 5:

" (5) In the cases referred to in paragraph 4, the collection of a written notice from the regional office or an expert opinion from the National Office of the Labour Market Service shall be subject to the application of a written notice of the applicant's office if the application

1.

must be rejected or dismissed due to a lack of form or absence of a condition in accordance with § § 19 to 24,

2.

to be rejected because of the lack of a quota place, or

3.

is to be dismissed in accordance with Section 11 (1).

If the negative decision of the regional office of the Labour Market Service on the admission in the case of § 20e paragraph 1 Z 1 AuslBG in legal force increases, the procedure shall be stopped without further notice. "

54. § 48 together with the title shall be deleted.

55. In § 49 (2), the phrase "a" residence permit "" through the phrase "a residence permit" Red-White-Red-Card "" replaced.

Section 49 (2) Z 3 reads as follows:

" 3.

A written notice from the regional office of the Labour Market Service pursuant to § 20d (1) Z 1, 2, 3 or 4 AuslBG is available. "

57. § 49 (3) to (5) are:

" (3) In the cases referred to in paragraph 2, it shall be clear from the collection of a written notice from the regional office or an expert opinion from the National Office of the Labour Market Service if the application

1.

must be rejected or dismissed due to a lack of form or absence of a condition pursuant to § § 19 to 24; or

2.

to be rejected because of the lack of a quota place, or

3.

is to be dismissed in accordance with Section 11 (1).

If the negative decision of the regional office of the Labour Market Service on the admission in the case of § 20d AuslBG in legal force increases, the procedure is to be adjusted without further ado.

(4) Third-country nationals who have a residence permit entitled 'Permanent residence-EU' of another Member State may be granted 'residence permit' in respect of the pursuit of an activity in a self-employed capacity if:

1.

they have the conditions of 1. Fulfill Part and

2.

there is a quota place.

(5) An application in accordance with paragraphs 1, 2 and 4 shall be submitted within a period of three months from the date of entry. This application shall not be entitled to a stay lasting longer than three months from the date of entry into the Federal territory. In the cases referred to in paragraphs 1 and 4, the Authority shall decide within a period of four months. '

58. In § 50 (1) the word order shall be "and in the cases of § 49 para. 2 or 4 one" Residence permit " by the phrase ", in the cases of section 49 (2), a residence permit" Red-White-Red-Card plus "and in the cases of section 49 (3), a" settlement permit " replaced.

58a. In Section 53 (2) (6), the word order is deleted "in the State of origin" .

59. In Section 56 (3), the phrase "a" residence permit "" through the phrase "a residence permit" Red-White-Red-Card plus "" replaced.

60. § 56 (3) Z 3 reads:

" 3.

a written communication from the regional office of the Labour Market Service pursuant to § 20e (1) Z 1 AuslBG is available. "

61. The following final sentence shall be added to Article 56 (3):

"§ 47 (5) shall apply mutatily."

62. § 61 reads:

" § 61. (1) Third country nationals may be issued with a residence permit as an artist if they are satisfied with the conditions of the 1. ; a declaration of liability shall be admissible; and

1.

in the case of independence, a written communication from the regional office of the Labour Market Service pursuant to § 20d (1) Z 6 AuslBG is available, or

2.

in the case of self-employment, the activity of which is primarily determined by the tasks of artistic design, provided that its maintenance is covered by the income which they relate to from their artistic activities.

(2) § 47 (5) shall apply mutatily. "

63. In § 62, in Z 2 the point is given by the word " and " replaced and the following Z 3 added:

" 3.

the competent regional office of the Labour Market Service, in the case of justified doubts, has determined, on request of the Authority, the existence of an activity in accordance with Z 2. "

64. In § 64 (4), the last sentence is deleted.

64a. In Section 77 (1) (1) (1), the text of the sentence shall be "(Section 25 (1))" by the citing quote "(§ 26)" and the citing quote "(Section 8 (5))" by the citing quote "(Section 8 (4))" replaced.

65. § 78 and title shall be deleted.

66. The following paragraphs 23 to 34 shall be added to § 81 according to paragraph 22:

" (23) Procedure in accordance with § § 41a (9) and (10), 43 (3) and (4) and 69a (1) (1) to (3) in the version before the Federal Law of the Federal Republic of Germany (BGBl). I n ° 87/2012, which is before the 1. In accordance with § 3 (1) and pending on 31 December 2013, the Authority shall also be subject to the provisions of the Federal Act of 31 December 2013 in accordance with the provisions of the Federal Law in the version before the Federal Law Gazette (BGBl), even after the end of 31 December 2013. I n ° 87/2012.

(24) Procedure in accordance with § § 41a (9) and (10), 43 (3) and (4) and 69a (1) (1) to (3) in the version before the Federal Law BGBl (Federal Law Gazette). I No 87/2012, which shall apply from 1 January 2012 onwards. As of 1 October 2013, the Authority shall be subject to the following provisions: 1. Jänner 2014 from the Federal Office of Tourism and Asylum in accordance with the provisions of the 7. Main piece of the Asylum Act 2005 in the version BGBl. I n ° 68/2013.

(25) If a decision under this Federal Act, against which an appeal is admissible, has been adopted before the end of 31 December 2013, the appeal period expires on 31 December 2013 and has not already been taken against this decision until 31 December 2013, an appeal may be made by the end of the period of 31 December 2013. Jänner up to the end of the 15th Jänner 2014 complaint to the relevant Regional Administrative Court. In these cases, the Landesverwaltungsgericht (Regional Administrative Court) has this federal law in the version before the Federal Act BGBl. I No 87/2012. An appeal against such a decision until the end of 31 December 2013 shall be deemed to have been lodged in a timely manner in accordance with Article 130 (1) (1) (B) of the VG.

(26) All appeal proceedings and proceedings pending before the Federal Minister for Home Affairs at the end of 31 December 2013 for breach of the decision-making obligation (§ 73 AVG) pursuant to this Federal Act are from 1 January 2013. Jänner 2014 of the respective competent regional administrative court in accordance with the provisions of this Federal Act in the version before the Federal Law BGBl. I n ° 87/2012.

(27) If a decision is made under this federal law in the version before the Federal Law BGBl. I n ° 87/2012 after the expiry of the 31 December 2013 by the Constitutional Court or the Administrative Court, this procedure shall be returned to the competent State Administrative Court, which shall, in accordance with the provisions of this Federal Act, be amended in the version before the Court of Justice. Federal Law BGBl. I No 87/2012.

(28) Everyone who is informed at the end of the 31. The report shall contain a reference to the legal consequence of paragraph 25 of this Article.

(29) Before the 1. The residence permit issued in January 2014, entitled "Permanent Residence-Family Members" and "Permanent Residence-EC", will continue to be valid as a residence permit "Permanent Residence-EU" within the period of validity of the residence permit. Holders of a residence permit "permanent residence-EC" of another Member State shall be considered as holders of a residence permit "permanent residence-EU" of another Member State.

(30) Before 1. The residence permit issued in January 2014 "settlement permit" shall continue to apply within the period of validity and the scope of its authorisation.

(31) Before the 1. In accordance with § 41a (9), the residence permit issued in January 2014, "Rot-Weiß-Rot-Karte plus" (Red-White-Red-Card plus), shall continue to apply within the period of validity and the scope of its authorisation as a "residence permit plus" pursuant to § 55 (1) Asylum Act 2005. Before the 1. The residence permit "Rot-Weiß-Rot-Karte plus" (Red-White-Red-Card plus) pursuant to § 41a (10) shall continue to apply within the period of validity of the residence permit and its scope of authorisation as "residence permit plus" in accordance with § 56 (1) Asylum Act 2005.

(32) Before 1. In accordance with Section 43 (3) of the German Act on Asylum, January 2014 shall continue to be granted as a "residence permit" in accordance with Section 55 (2) of the Asylum Act 2005. Before the 1. In accordance with Section 43 (4) of the German Act on Asylum, January 2014 shall continue to be granted as a "residence permit" in accordance with Section 56 (2) of the Asylum Act 2005.

(33) For holders of a residence permit "Rot-Weiß-Rot-Karte plus" pursuant to § 41a (7), as amended, before the Federal Law BGBl. I n ° 68/2013 applies § 45 (12) in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 68/2013, even if in the five years it was not only legally resident on the basis of a residence permit as a subsidiary protectarian (Section 8 (4) of the Asylum Act 2005).

(34) Valid residence permits issued on 1 July 2013 by third country nationals on the basis of the Treaty of Accession of the Republic of Croatia to the European Union, OJ L 327, 22.9.2013, p. No. 10 EEA citizens are valid as from 1 July 2013 within their period of validity as the registration certificate in accordance with § 53. "

67. The following paragraphs 18 and 19 are added to § 82:

" (18) § § 3 para. 2 to 5, 3a, 8 para. 1 Z 3, 4, 7 and 8, 10 para. 2 and 3 Z 3 and 4, 11 para. 3, 12 para. 5 and 7, 13 para. 2 Z 5, 19 para. 8, 20 para. 3, 4a and 5, 21 para. 3, 21a para. 5, 24 para. 4, 25 para. 1, 28 para. 1, 33 para. 2, 37 para. 3 and 4, the Section 41 (1), Section 41 (2) to (4), 41a (1) (3) and (2) (3) and (7), (8), (9) and (11), § § 42 (1) to (3), (1), (3) and (4), the title of § 45 (1), (2), (8), (10) and (12), 46 (1), (2) (a), 47 (4) and (5), which are Title of § 49, § § 49 (1) to (5), the title of § 50, § § 50 (1), 56 (3), 61, 64 (4), the title of § 65, § § 65 and 81 (23) to (27) and (29) to (33), and the Table of contents in the version of the Federal Law BGBl. I n ° 68/2013 will be 1. Jänner 2014 in force. § § 8 (1) Z 9, 48, together with the title and 78, together with the headline in the version before the Federal Law BGBl. I n ° 68/2013 will expire on 31 December 2013.

(19) The orders of the Federal Law BGBl. I n ° 68/2013 are to be understood as referring to the version of the provisions of this Federal Law, which they are based on by the Tourism Restructuring Act-FNG, BGBl. I n ° 87/2012. "

Article 6

Amendment of the Border Control Act

The Border Control Act (GrekoG), BGBl. I No 435/1996, as last amended by the Federal Law of the Federal Republic of Germany (BGBl). I No 50/2012, shall be amended as follows:

1. In the table of contents, after the entry to § 12 the following entry is inserted:

" § 12a.

Powers and responsibilities of the institutions of the Civil Security Service "

2. In Section 1 (1), the phrase "one person" through the phrase "one person" replaced.

3. § 1 (2) and (3) are:

" (2) Border control , the verification of compliance with the security police, the passport, the tourist police and the security police shall be carried out on a border, irrespective of any other occasion, solely on the basis of an intended or already carried out border crossing. the weapons, shooting and explosives regulations governing federal legislation. Border control shall also include the monitoring of the borders between the border crossing points and the surveillance of border crossing points outside the stipulated traffic hours (border surveillance) in order to avoid the need for persons to Circumvent border controls.

(3) Border crossing point is one at the external border or at the internal border in the case of the reintroduction of border controls within the meaning of Article 23 et seq of Regulation (EC) No 562/2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Border code), OJ No. 1, as amended, by the competent authorities concerning the crossing of the border, or a specific area during the period of transport and the extent of the intended purpose. '

4. In § 1 para. 4, after the word "Borders" the citation " , BGBl. III No 90/1997 ' inserted.

5. § 1 (5) deleted.

6. In Section 1 (6), the word "Accession Convention" through the phrase " Convention of 28 April 1995 on the accession of Austria to the Convention implementing the Schengen Agreement, BGBl. III No 90/1997, ' replaced.

7. § 3 (1) and (2) are:

" § 3. (1) The Federal Minister of the Interior, in agreement with the Federal Minister for Transport, Innovation and Technology, shall establish border crossing points for rail, ship or air transport at the external border by means of a regulation. The Regulation shall specify the place or territory, the traffic times and the scope of use.

(2) Other border crossing points shall be laid down by the Federal Minister of the Interior by Regulation. This also applies to the temporary re-introduction of border controls at internal borders. The Regulation shall include the place or territory, the time of travel and the scope of use, in particular restrictions on the admissibility of crossing the border to certain persons, categories of persons, modes of transport or local areas, such as: To set tourist zones or hiking trails according to your needs. The Regulation can be used to empower the Regional Police Director, at border crossing points on land or on water, on the basis of the different use within a given framework, depending on the season, the day of the week. and weather conditions with regulation. "

8. In Section 3 (3), the phrase "The State Police Directorate" through the phrase "The State Police Director" replaced.

9. In Section 3 (4), the phrase "the State Police Directorate" through the phrase "the State Police Director" and the quote " 1 " by quoting " 2 " replaced.

10. In Section 3 (6), the phrase "according to paragraph 1 or 3" through the phrase "pursuant to para. 1 to 4" and the word "that" by the word "that" replaced.

11. In § 4 (1) the word shall be deleted after the word "border crossing point" the word "to make known" and the word shall be "to make known" after the phrase "located" inserted.

12. In § 5 (1) the last sentence is:

"The nature of the signs is to be determined by the regulation of the Federal Minister of the Interior."

Article 5 (2) reads as follows:

" (2) No hint or additional panels shall be placed or affixed in the case of:

1.

Border crossing points for transport by rail or water;

2.

Border crossing points according to § 3 (2) if the admissibility of the border crossing has not yet been longer than three consecutive days;

3.

Border crossing points in accordance with Article 3 (3);

4.

Border crossing points extending over a distance of more than 100 metres in the federal border;

5.

Border crossing points in the course of roads, paths or other places suitable for crossing the border, which cross the federal border several times, if the identification of individual ones of these interfaces is due to the local conditions is sufficient. "

14. In § 6 (1) the word "that" by the word "that" replaced.

Article 6 (2) reads as follows:

" (2) The operators of airports and ports, as well as the road owners, shall, by means of appropriate structural or organisational measures, ensure that the border control is carried out in accordance with the rules laid down in European Union law and in accordance with the rules laid down in the Provisions of this Federal Act may be carried out. For the resulting costs, the operators of the airports and ports, as well as the road owners themselves, have to come up. "

16. § 6 (3) deleted.

17. In Section 7 (2) and (3), the word shall be "includes" by the word "includes" replaced.

18. § 8 (1) reads:

" § 8. (1) The authority within the meaning of this Federal Act shall, unless otherwise specified, be the State Police Directorate. The Federal Minister of the Interior is authorized to comply with the provisions of the 4. In addition, monitor the section. "

19. § 8 (2).

Article 9 (2) shall not apply and shall be given the sales designation of paragraphs 3 and 4 of this article. "(2)" and "(3)" .

21. In Section 10 (3), the word "Main Committee" by the word "Main Committee" shall be replaced.

22. In § 11, paragraph 2 receives the sales designation "(3)" and shall be inserted in the following paragraph 2 (new):

"(2) The border crossing at the internal border does not lead to the obligation to control the border with the exception of the cases of section 10 (2) and (3)."

23. § 12 reads:

" § 12. (1) Border control shall be the responsibility of the Authority. It is reserved for bodies of the public security service to the extent that it is to be obtained through the exercise of direct administrative authority and authority. Official acts in the context of border control shall be carried out in accordance with the requirements of convenience, simplicity, laziness and cost savings. Border surveillance shall be carried out in such a way as to prevent persons from circumventing control at the border crossing points.

(2) The Authority shall be authorized to carry out border control in the area of border crossing points

1.

Image and sound recording equipment and

2.

electronic terminal equipment

, The Authority shall immediately notify the Federal Minister of Home Affairs of the intended use of these funds. The legal protection officer (§ 91a SPG) shall have the opportunity to submit comments within three days. The use of the funds shall not commenced until after the expiry of this period or after the legal protection officer has received a corresponding statement, unless there is a need for an immediate investigation in order to prevent serious danger. The use of image and sound recording devices is clearly visible.

(3) The Federal Minister for the Interior is empowered to subordinate officials of another Treaty or Member State to the Authority for the implementation of the border control on the basis of international law. The officers under the authority may only act under the guidance and, as a general rule, only in the presence of Austrian public security bodies. The officials under the authority of the public security service shall be given all the powers available to the Austrian public security bodies within the framework of border control. The exercise of direct command and coercive authority in accordance with Section 50 (2) and (3) of the Security Policy Act-SPG, BGBl. No 566/1991, except in cases of emergency and emergency assistance, is only permitted in the presence of Austrian authorities of the public security service.

(4) The Federal Minister for the Interior may, in view of the low frequency and importance of border traffic at individual border crossing points, allow border control to be carried out in the course of the strip service on the border, if public interests are or obligations under international law.

(5) At border crossing points which do not serve the purpose of general border traffic but solely or primarily for the interests less, border control shall be ordered by the Authority. In addition, § § 5a and 5b SPG shall apply with the proviso that the obligation to pay the monitoring fees shall meet those whose interests are served by the border crossing point. "

24. In accordance with § 12, the following § 12a together with the heading is inserted:

" Powers of the institutions of the Civil Security Service

§ 12a. (1) The bodies of the public security service are empowered to subject persons to border control, provided that there is reason to believe that they are subject to border control or that they are unauthorised to cross the border from Border crossing points or have made it. This authorisation shall exist at border crossing points within the border control area, otherwise at the point where a frontier inspection post is found; it shall also exist at that point where a person who is the person who is responsible for the border crossing shall be subject to the If a border crossing is to be made or has been made outside a border crossing point, it is to be entered in the fresh act.

(2) The bodies of the public security service shall be empowered to identify the identity of the persons concerned for the purposes of border control, and to inspect their vehicles and other containers carried on them from the outside and inside, provided that: The customs authorities shall give the institutions of the public security service the possibility of jointly carrying out a customs inspection. Each person concerned is obliged to participate in the identification of the identity (Section 35 of the SPG) and to tolerate the immediate enforcement of this measure; he also has to ensure that the vehicles and containers are accessible for viewing. The institutions of the Public Security Service are authorized to enforce the orders they have taken in accordance with the provisions of Section 50 (2) and (3) of the SPG (SPG) with direct command and enforcement authority.

(3) The bodies of the public security service shall be authorized for the purposes of border control;

1.

The authenticity of the travel documents with the help of the authority in accordance with § 22d (1) of the Passport Act 1992 (PassG, BGBl. No 839), and

2.

the identity of the holder of a travel document or visa, if there are reasonable doubts about it, by comparing the biometric data stored on the data medium, the Visa Information System (VIS) or any other central data application data, with the exception of DNA, with the directly available, equable characteristics of the person to be controlled

, Each person concerned is obliged to participate in this identity verification and to tolerate the direct enforcement of this measure. The institutions of the Public Security Service are authorized to enforce the orders they have taken in accordance with the provisions of Section 50 (2) and (3) of the SPG (SPG) with direct command and enforcement authority.

(4) The bodies of the Public Security Service are empowered to ensure travel documents in which the facts justify the adoption;

1.

that they are falsified or falsified visas, or that they have been falsified or

2.

that they were intended to affirm false statements about a person.

The bodies of the Public Security Service are hereby authorized to enforce the orders they have taken in accordance with § 50 (2) and (3) SPG with direct command and enforcement authority. The secured documents are, unless they are a measure according to the Criminal Procedure Code (StPO, BGBl. No 631/1975) shall be submitted to the Authority and shall be submitted by the Authority as soon as it is no longer necessary to submit it to the State to which it is to be attributed.

(5) The bodies of the public security service are authorized, in the context of monitoring compliance with the provisions of the fourth paragraph, to: (b) to enter sections and to carry out the border control on land, and to route existing and appropriate routes, provided that this is necessary for the implementation of these measures. '

Section 13 (1) reads as follows:

" (1) Persons who do not leave the transit area or the aircraft during an intermediate landing on an Austrian aerodrome (transit passengers) shall not be subject, unless otherwise specified in the Union legislation, to the transit traffic or the aircraft. Border control duty. "

26. In Section 13 (2), the parenthesis is deleted. " (§ 12 of the Tourism Law-FrG, BGBl. No. 838/1992) ' .

27. § 13 (4) is deleted.

28. In § 14 (1) the word "Completion" by the word "Complete" In the case of Z 2 the word sequence is replaced "or in air transport" .

29. § 15 (1) reads:

" (1) The border control authorities are authorised to use the personal data determined in connection with the border control

1.

use for searches in the framework of the security administration and the activities of the security authorities in the service of criminal justice;

2.

in the case of the use of electronic terminal equipment (§ 12 para. 2), to be able to identify and process automated support for the duration of the electronic processing process;

3.

the Federal Office of Foreign Affairs and Asylum for the purpose of processing within the framework of the Central Tourist Register (§ 26 BFA-procedural law (BFA-VG), Federal Law Gazette (BGBl)). I No 87/2012) to the extent that they are relevant to the right of entry and residence of the person concerned;

4.

to a different safety authority in the event of suspicion of a criminal offence for the purpose of prosecution, to the extent that they are necessary for the performance of the legal order of that authority. "

30. In § 15, paragraph 2 is deleted and the previous paragraph 3 shall be replaced by the sales designation "(2)" .

31. In § 15 (2) (new) the phrase "(1) and (2)" through the phrase "paragraph 1" and the quote "Section 12 (1a)" by quoting "§ 12 (2)" as well as the citation " (par. 1) " by quoting "pursuant to paragraph 1 (1) and (2)" replaced.

32. In § 16 (1) Z 6, the quote shall be: "§ 11 para. 2 Z 3" by quoting "§ 11 para. 3 Z 3" and the word "disregarded" by the word "disregarded" replaced.

33. § 18 is added in accordance with paragraph 6 of the following paragraph 7:

" (7) § § 1 (1) to (4) and 6, 3 (1) to (4) and 6, 4 (1), 5 (1) and (2), 6 (1) and (2), 7 (2) and (3), 8 (1), 9 (2) and (3), 10 (3), (2) and (3), (12), (12a) and the title, 13 (1) and (2), 14 (1), (15) (1) and (2), 16 (1) (1) (6) and § 21 as well as the table of contents in the version of the Federal Law BGBl. I n ° 68/2013 will be 1. Jänner 2014 in force. § § 1 (5), 6 (3), 8 (2), 9 (2) and 13 (4) and 15 (2) in the version prior to the Federal Act BGBl. I n ° 68/2013 will expire on 31 December 2013. '

34. In § 21 Z 2, the word "Foreign" through the phrase "European and international" replaced.

35. In § 21 Z 3, after the word order "for National Defense" the phrase "and Sport" inserted.

36. In § 21 Z 4, the word order shall be "for science, transport and art" through the phrase "Transport, innovation and technology" replaced.

Article 7

Amendment of the Basic Supply Act-Federal Government 2005

The Basic Supply Act-Federal Government 2005 (GVG-B 2005), Federal Law Gazette (BGBl). No. 405/1991, as last amended by the Federal Law BGBl. I No 87/2012, shall be amended as follows:

1. In Section 2 (1) (2) (2), the word "vocation" by quoting "Complaint" replaced.

2. In § 9 para. 3, the quote shall be "§ 64 (2) AVG" by quoting " § 13 (2) Administrative Court Procedure Act (VwGVG), BGBl. I No 33/2013, " replaced.

3. The following paragraphs 17 and 18 are added to § 16 according to paragraph 16:

" (17) § § 2 (1) Z 2 and 9 (3) in the version of the Federal Law BGBl. I n ° 68/2013 will be 1. Jänner 2014 in force.

(18) The orders of the Federal Law BGBl. I n ° 68/2013 are to be understood as referring to the version of the provisions of this Federal Law, which they are based on by the Tourism Restructuring Act-FNG, BGBl. I n ° 87/2012. "

Fischer

Faymann