Alien Authority New Structuring Law - Fng

Original Language Title: Fremdenbehördenneustrukturierungsgesetz - FNG

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87. Federal Law, which enacted a BFA-Provisioning Act and a BFA procedural law, as well as the Asylum Act 2005, the Foreigners Police Act 2005, the Law on the Residence Act, the Law of the State Citizenship Act 1985, the Basic Supply Act -Federal Government 2005 and the Introductory Act to the Administrative Procedures Act 2008 (Tourism restructuring law-FNG)

The National Council has decided:

table of contents

Article 1

The BFA-Provisioning Act

Article 2

BBA 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 Citizenship Act 1985

Article 7

Amendment of the Basic Supply Act-Federal Government 2005

Article 8

Amendment of the Introductory Act to the 2008 Administrative Procedure Law

Article 9

Adjustment provisions

Article 1

Federal law on the establishment and organisation of the Federal Office of Foreign Affairs and Asylum (BFA-furnishing law-BFA-G)

table of contents

§ 1.

Setup

§ 2.

Organization

§ 3.

Responsibilities

§ 4.

Initial locations

§ 5.

State documentation

§ 6.

References

§ 7.

Linguistic equality

§ 8.

entry into force

Setup

§ 1. The Federal Office of Foreign Affairs and Asylum (Bundesamt für xenwesen und Asyl) is a Federal Minister for Home Affairs, which is directly subordinate to the Federal Minister of Home Affairs with responsibility for the federal government.

Organization

§ 2. (1) The director shall be at the head of the Federal Office. In the event of its prevention, the duties shall be exercised by one of its two substitutes.

(2) The Federal Office shall have its seat in Vienna and one regional directorate in each federal state. In addition, the Director of the Federal Office may set up external offices of the regional directorates in order to be able to carry out and complete all the arising procedures in an administrative-economic manner and without unnecessary deprivation.

(3) The number of organisational units in the Federal Office, in the regional directorates and in the external offices, and the division of the business in them, shall be in the interest of a rapid and effective division of business to be carried out by the Director; and -appropriate business treatment.

(4) The Director shall ensure the qualification of the staff of the Federal Office through the training and in-service training of the staff of the Federal Office.

(5) The Director of the Federal Office may provide staff for the exercise of the exercise of BGBl law in accordance with § § 38 (1) Z 3 to 5 and (2), 39 (1) and 44 of the BFA-procedural law (BFA-VG). I No 87/2012 authorizing the power of command and enforcement provided that they are suitable and specially trained for this purpose. These institutions are subject to the Regulation of the Federal Minister of the Interior, which provides guidelines for the intervention of the institutions of the Public Security Service-RLV, BGBl. No 266/1993.

(6) The institutions of the public security service shall support the Federal Office in the performance of its duties, in particular in the initial reception office in the authorisation procedure.

Responsibilities

§ 3. (1) The Federal Office is responsible for

1.

the enforcement of the BFA-VG,

2.

Full education of the Asylum Act 2005 (Asylum G 2005), BGBl. I No 100,

3.

the full education of the 7th, 8th. and 11. Main piece of the 2005 Foreigners Police Act (FPG), BGBl. I No 100; and

4.

Full education of the Basic Supply Act-Federal Government 2005, BGBl. I n ° 100.

(2) The Federal Office is-in relation to individual cases-the competent authority for the exchange of information with those States with which the Dublin Regulation (Section 2 (1) Z 8 Asylum G 2005) or a Treaty on the jurisdiction to examine an asylum application or an application for international protection.

Initial locations

§ 4. The Federal Minister of the Interior is authorized to establish first-time reception centres with the regulation. These are part of the Federal Office.

State documentation

§ 5. (1) The Federal Office has to carry out a state documentation in which facts about the situation in the countries concerned together with the sources are to be noted for the proceedings before the Federal Office for the Federal Office.

(2) The purpose of the State documentation is, in particular, the collection of facts that are relevant

1.

for the assessment of the existence of facts which indicate the risk of persecution within the meaning of the 2005 Asylum Act in a given State;

2.

for the assessment of the credibility of the claims of asylum seekers and aliens, and

3.

for the decision as to whether a particular state is safe in the sense of § § 4 or 4a Asylum Act 2005 or in the sense of § § 19 or 21 BFA-VG.

The facts collected are to be compiled in a country-specific manner, to be scientifically worked up according to objective criteria (general analysis) and to document them in general form. The documentation shall be corrected in relation to facts which do not or no longer correspond to the facts. An analysis based on these facts should be put right.

(3) The Federal Administrative Court, the Courts of Public Law and the Federal Minister for Justice are entitled to the Federal Office within the framework of the State Documentation on the collection of available information and the evaluation of existing information. or to collect information on a particular question by means of mutual assistance. The Federal Office has to comply with this request.

(4) The Federal Ministry of the Interior must set up a Advisory Board (Advisory Board for the Management of State Documentation), which shall in particular make recommendations for the management of the State documentation, the collection of relevant facts and the evaluation of the , as well as for the creation of the analysis. The Federal Minister of the Interior shall appoint the Chairperson and nine members of the Advisory Board, who shall have appropriate expertise in the field of asylum or tourist law, for a period of five years; in any case, the Advisory Council shall: a member of the Federal Administrative Court and a representative of the United Nations High Commissioner for Refugees and the Federal Ministry for European and International Affairs. In addition, the Director of the Federal Office has a seat in the Advisory Board; in this function he can be represented by a legal staff of the Federal Office. The cooperation in the Advisory Board is voluntary. The members of the Advisory Board shall be replaced by the necessary travel expenses. For the replacement of the travel expenses, the travel fee applies in 1955, BGBl. 133. The Federal Minister for the Interior has to adopt and provide for a Regulation to provide that, in the event of a tie, the Presidency shall have the decisive vote; in particular, the Rules of Procedure shall, in particular, include the convening, the To regulate the flow and the logging of meetings, the formation of the will in the reimbursement of recommendations and the criteria for the existence of a qualified minority opinion.

(5) The State documentation shall be public. The public are documents that are subject to secrecy or are otherwise excluded from the inspection of files (§ 17 General Administrative Procedure Act 1991 (AVG), BGBl. 51). In addition, the Federal Office and the Federal Administrative Court can take out documents that are only used for internal use by the public.

(6) The state documentation shall be

1.

public authorities operating within the framework of the enforcement of the Federal Republic of Germany;

2.

the ordinary courts;

3.

the administrative courts of the Federal Government and the Länder

4.

Authorities and representatives of the countries working in the framework of the implementation of the basic supply agreement;

5.

legal advisers (§ § 49 to 52 BFA-VG);

6.

the courts of public law;

7.

the United Nations High Commissioner for Refugees (UNHCR);

8.

the European Court of Human Rights (ECtHR) and the European Court of Justice (ECJ) and

9.

foreign asylum and tourist authorities or foreign courts, to the extent that reciprocity exists

free of charge. Other authorities or persons have to pay administrative charges for the exchange of information, which are to be determined by the Federal Minister of the Interior in agreement with the Federal Minister of Finance by Regulation.

(7) If a user determines in accordance with paragraph 6 (1), (2), (3) or (5) that information contained in the state documentation does not correspond or no longer corresponds to the facts, this is to be communicated to the Federal Office. Other persons are entitled to communicate these facts to the Federal Office.

(8) The Federal Office of the Federal Republic of Germany may use third parties in the management of the state documentation.

References

§ 6. References in this Federal Act to other federal laws are to be understood as references to the version in force in each case.

Linguistic equality

§ 7. In so far as the names referred to in this Federal Act on natural persons are listed only in male form, they refer to women and men in the same way. In applying the name to certain natural persons, the gender-specific form shall be used.

entry into force

§ 8. This federal law comes with 1. Jänner 2014 in force.

Article 2

Federal Law, which provides for the general provisions on the procedure before the Federal Office of Foreign Affairs and Asylum for the granting of international protection, the granting of residence permits for reasons worthy of consideration, deportation, culling and the The issuing of residence-terminated measures as well as the issuing of Austrian documents for foreign nationals (BFA-procedural law-BFA-VG)

table of contents

1. PART: GENERAL PART

1. Main item: Scope and definitions

§ 1.

Scope

§ 2.

Definitions

2. Main piece: responsibilities

§ 3.

Federal Office of Foreign Affairs and Asylum

§ 4.

Representative authorities

§ 5.

National Police Directorates

§ 6.

Bodies of the Public Security Service

§ 7.

Federal Administrative Court

§ 8.

Revision

3. Main piece: General procedural provisions

§ 9.

Protection of private and family life

§ 10.

Ability to act

§ 11.

Deliveries

§ 12.

Modest

§ 13.

Participation of a stranger

§ 14.

Principles in the field of enforcement

4. Main piece: proceedings before the representative authorities to issue Austrian documents for strangers in accordance with the 11. The main part of the FPG

§ 15.

§ 16.

§ 17.

§ 18.

5. Main item: Safe countries of origin

§ 19.

§ 20.

§ 21.

§ 22.

6. Main piece: Discovery and Investigation Service

§ 23.

Use of personal data

§ 24.

Recognition service

§ 25.

Invitation to receive recognition services

§ 26.

Central tourist register; information system

§ 27.

Data use within the framework of the Central Tourism Register

§ 28.

Central process file; information composite system

§ 29.

Transfer of personal data

§ 30.

Participation obligations of the authorities

§ 31.

Duty to understand

§ 32.

Admissibility of the use of the data of the Central Register of Melting

§ 33.

International traffic

2. PART: SPECIAL PART

1. Main piece: Order of the authorities and organ powers

1. Section: Order of arrest and search

§ 34.

Arrest Order

§ 35.

Search Order

Section 2: Participation and powers of the institutions of the Civil Security Service

§ 36.

Identity determination

§ 37.

Authority to enter

§ 38.

Searching people

§ 39.

Ensuring evidence

§ 40.

Arrest

§ 41.

Rights of the arrested

§ 42.

The application for international protection shall be made by a security authority or by public security bodies

§ 43.

Survey

§ 44.

Authority to receive recognition services

§ 45.

Implementation of the performance

§ 46.

Acceptance of cards

§ 47.

Exercise of direct force

2. Main piece: Legal advice

§ 48.

Request profile for legal advisors and legal persons

§ 49.

Legal advice in the admission procedure before the Federal Office

§ 50.

Advisory support for asylum seekers in the approved procedure before the Federal Office

§ 51.

Other legal advice

§ 52.

Legal advice before the Federal Administrative Court

3. Main item: Costs

§ 53.

Cost replacement

3. PART: FINAL PROVISIONS

§ 54.

Linguistic equality

§ 55.

References

§ 56.

entry into force

§ 57.

Enforcement

1. PART: GENERAL PART

1. Main item

Scope and definitions

Scope

§ 1. This federal law regulates the general provisions which apply to all strangers who are in proceedings before the Federal Office for Foreign Affairs and Asylum (Bundesamt), before the representative authorities according to the 11. Main piece of the 2005 Foreign Police Act (FPG), BGBl. I No 100, or proceedings pursuant to § 3 (2) (1) to (6) before the Federal Administrative Court, shall apply. Further procedural provisions in the Asylum Act 2005 (Asylum G 2005), BGBl. I No 100, and the FPG shall remain unaffected.

Definitions

§ 2. (1) In the sense of this Federal Law, a lawful stay is: the stay of a stranger in the federal territory pursuant to § 31 (1) and (4) of the FPG.

(2) In addition, § 2 (1) Z 1, 2, 8, 10, 11, 13 to 17, 18, 20 to 20b, 25 and 27 and 2 (2) Asylum G 2005 and § 2 (3) and 4 (Z) 1, 2, 2a, 4, 5, 7, 11, 15, 18 as well as (5) Z 3 FPG shall apply.

2. Main piece

Responsibilities

Federal Office of Foreign Affairs and Asylum

§ 3. (1) The authority in Germany under this federal law is the Federal Office with a federal jurisdiction.

(2) The Federal Office is responsible for

1.

the granting and withdrawal of the status of the right of asylum and of the subsidiary entitled to protection against foreigners in Austria in accordance with the Asylum Act 2005,

2.

the granting of residence permits for reasons worthy of consideration, in accordance with the 2005 Asylum Act,

3.

the arrangement of deportation, the determination of the Duldung and the enforcement of decisions taken by the EEA States in accordance with the provisions of the 7. the main part of the FPG,

4.

the dismissal of measures to be taken in accordance with the 8. the main part of the FPG,

5.

the exhibition of Austrian documents for strangers according to the 11. The main part of the FPG and

6.

the pre-registration of costs in accordance with § 53.

Representative authorities

§ 4. (1) Abroad

1.

the exhibition, the restriction of the scope, the failure and the withdrawal of passports (§ 88 FPG) and prevention passports (§ 94 FPG), with the exception of the first exhibition, as well as

2.

the issuing of return expellees for nationals of a Member State (§ 96 FPG)

the Austrian representative authorities.

(2) The local jurisdiction to act in accordance with the provisions of paragraph 1 shall be based abroad, unless otherwise specified, after the residence of the stranger. Any representative authority may act upon the instruction of the Federal Minister for European and International Affairs.

(3) If the foreigner has a place of residence in the territory of the Federal Republic of Germany, the local jurisdiction abroad depends on the stay of the foreigner.

National Police Directorates

§ 5. The enforcement of a stranger's holding pursuant to § 76 FPG or § 40 and the deportation of a stranger pursuant to § 46 FPG as well as the disposal and supervision of the borrowing agent pursuant to Section 77 (3) (3) (1) and (2) of the FPG shall be the responsibility of the State Police Directorate, in whose Sprengel the foreigner is holding up.

Bodies of the Public Security Service

§ 6. The bodies of the public security service shall be required to assist the Federal Office in the performance of its duties, in particular in the initial reception office in the authorisation procedure.

Federal Administrative Court

§ 7. The Federal Administrative Court decides on

1.

Complaints against the federal office of the Federal Office,

2.

Complaints against the defection of the representative authorities in accordance with the 11. the main part of the FPG,

3.

Complaints against measures of direct command and forced violence according to the 1. Main part of the 2nd part of the BFA-VG and according to the 7. and 8. the main part of the FPG,

4.

Complaints about violation of the Federal Office's decision-making obligations and

5.

Complaints against the proceedings of the Federal Minister of the Interior in proceedings pursuant to § 3 (2) (1) to (6).

Revision

§ 8. Against the findings of the Federal Administrative Court on complaints against the Federal Office's complaints, the Federal Minister of the Interior has the right to file an appeal to the Federal Office of the Administrative Court in the administrative court after the recognition of the recognition.

3. Main piece

General procedural provisions

Protection of private and family life

§ 9. (1) If a return decision pursuant to Section 52 of the FPG, an order for expulsion pursuant to Section 61 of the FPG, an expulsion pursuant to § 66 FPG or a ban on the right of residence according to § 67 FPG into the private or family life of the foreigner are intervened, this is the case. the authorisation of the decision shall be admissible if this is urgently required in order to achieve the objectives set out in Article 8 (2) of the ECHR.

(2) In the assessment of private and family life within the meaning of Article 8 of the ECHR, particular account shall be taken of:

1.

the nature and duration of the previous stay and the question of whether the previous stay of the stranger was unlawful,

2.

the actual existence of a family life,

3.

the protection of private life,

4.

the degree of integration,

5.

the ties to the home state of the stranger,

6.

the impunity of criminal law,

7.

Violations of public order, in particular in the area of asylum, foreign policy and immigration law,

8.

the question of whether the private and family life of the stranger arose at a time when those involved were aware of their insecure residence status,

9.

the question as to whether the duration of the previous residence of the foreign person is justified in the case of overlong delays attributable to the authorities.

(3) In any event, the admissibility of the return decision pursuant to Section 52 of the FPG shall be justified, in particular with regard to whether it is inadmissible in the long term pursuant to paragraph 1 of this Article. The inadmissibility of a return decision in accordance with Section 52 of the FPG is only in the long term if the otherwise imminent violation of private and family life is based on circumstances which are not merely temporary in nature. This is the case, in particular, if the return decision pursuant to Section 52 of the FPG already solely on the basis of private and family life with regard to Austrian citizens or persons who have a right of residence or a European Union legal right of residence. unlimited right of establishment (§ § 45 and 48 or § 51 ff Niederlassungs-und Residence Act (NAG), BGBl). I n ° 100/2005).

(4) In the case of a third-country national who is legally resident in the Federal territory on the basis of a residence permit, a decision to return pursuant to § § 52 (4) (3) (1a) FPG may not be issued if:

1.

Prior to the implementation of the relevant facts, he was granted citizenship in accordance with Section 10 (1) of the State Citizenship Act 1985 (StbG), Federal Law Gazette (BGBl). No 311, or

2.

He grew up from small to domestic and was legally established here for many years.

(5) In the case of a third-country national who has been legally established in the territory of the Federal Republic of Germany for a period of five years before the date on which the relevant facts have been achieved, but which has not been legally established for eight years, he may, in the absence of his/her own resources, be subject to In the absence of adequate health insurance coverage, lack of own accommodation or because of the possibility of financial burden on a local authority, a return decision in accordance with § § 52 (4) § 53 (1a) FPG will not be issued. However, this only applies if the third-country national makes a credible commitment to secure the funds for his/her maintenance and health insurance through the use of his or her own forces or to provide other own accommodation, and this does not apply. seems hopeless.

(6) A return decision pursuant to Section 52 (4) of the FPG may only be issued against a third-country national who has already been legally established in the Federal Republic of Germany for eight years before the relevant facts have been achieved. if the conditions are in accordance with § 53 (3) FPG. § 73 Criminal Code (StGB), BGBl. No 60/1974.

Ability to act

§ 10. (1) For the entry of the ability to act in proceedings before the Federal Office, before the representative authorities in accordance with the 11. The main part of the FPG and in proceedings pursuant to Section 3 (2) (1) to (6) before the Federal Administrative Court shall be governed by Austrian law, irrespective of the nationality of the foreign person.

(2) In proceedings before the Federal Office and the Federal Administrative Court, each parent is empowered to represent the child. If the statements of both parents disagree with matrimonial children, the earlier declaration is relevant; a statement of appeal cannot be handed down against the declared will of a parent. The representation for the illegitimate child is to be found in the case of contradicting statements by the parent's parents, unless the father is entrusted with the care alone.

(3) An oral minor whose interests cannot be exercised by his or her legal representative shall be entitled to submit an application for international protection and to contribute as well as procedural acts in accordance with the provisions of the 8. The main part of the FPG is to be put to its advantage. Legal representative for proceedings before the Federal Office and the Federal Administrative Court is the application for international protection in the initial reception (Section 17 (2) Asylum Act 2005) of the legal advisers (§ 49), after admission of the procedure and, after being allocated to a local youth welfare institution, the host country in which the minor has been assigned to a child care centre. If the legal counsel (§ 49) contradicts the first acceptance in the admission procedure of a given survey (§ 19 paragraph 1 Asylum G 2005) of an oral minor, this is to be repeated in the presence of the legal adviser.

(4) Where a minor whose interests cannot be exercised by his or her legal representative and who has not submitted an application for international protection, shall be subject to a procedure for the termination of his/her residence in accordance with the provisions of the 8. The main part of the FPG is initiated by the Federal Office and the Federal Administrative Court of the Youth Welfare Carrier, in the course of which the minor is present, for all other procedural acts.

(5) In accordance with Section 24 (1) of the Asylum Act 2005, or if no legal representative can be determined for other reasons according to Section 24 (1) of the Asylum Act 2005, the youth welfare carrier, to whom the legal representation was last granted, is to be determined. Legal representative until paragraph 3 has been designated again by a legal representative. If only the legal adviser (§ 49) has held the legal representation in the previous procedure, this legal representative remains until the legal representation pursuant to paragraph 3 falls for the first time to a youth welfare carrier.

(6) An unmutable minor whose interests cannot be exercised by his legal representative shall be entitled to submit an application for international protection as well as procedural acts in accordance with the provisions of the 8. The main part of the FPG is to be put to its advantage. In the case of an unborn minor whose interests cannot be exercised by his legal representatives, the legal adviser (§ 49) shall be the legal representative from the time of arrival at the initial reception office. Such strangers may only be questioned in the presence of the legal adviser (§ 49) (Section 19 (1) Asylum Act 2005). Moreover, paragraphs 3 and 5 shall apply.

Deliveries

§ 11. (1) The initial reception office in which the asylum seeker is located or the accommodation in which the asylum seeker is supplied shall be the issuing body for a personal service in accordance with the Federal Act on the service of official documents-ZustG, BGBl. No 200/1982. A contact point pursuant to § 19a (2) Reporting Act 1991 (Reporting G), BGBl. No. 9/1992, is not a delivery point within the meaning of the ZustG in proceedings before the Federal Office of the Federal Republic of Germany.

(2) Charges in the admission procedure are only to the asylum seeker in person and-to the extent that there is representation pursuant to § 10 or those are procedural acts in which the legal counsel (§ 49) must be present-a legal counsel (§ 49) . If the asylum-seeker also has a representative of a certain number, he/she shall be notified as soon as possible by the legal adviser (§ 49) on charges and the state of the proceedings if the asylum seeker so wishes.

(3) In the case of deliveries of repatriated or dismissive decisions which are associated with a enforceable residence-terminating measure, the asylum seeker shall be in fact at the time of the delivery of factual deportation protection (§ 12 Asylum G 2005) or a Right of residence in accordance with § 13 Asylum Act 2005, in any case the asylum seeker shall be designated as the recipient. If delivery is made at a delivery point (§ 2 Z 4 ZustG), it must be carried out by bodies of the public security service, in so far as a period of time for voluntary departure has not been granted and the service is not delivered. by its own bodies of the Federal Office of the Federal Office or the Federal Administrative Court. A necessary deposit shall be made at the next service of a State Police Directorate. If the asylum seeker has a delivery agent, he shall also be responsible for the delivery. Periods dependent on delivery shall begin to run only upon delivery to the delivery agent.

(4) The provisions of paragraphs 2 and 3 shall not apply to applications of asylum seekers who, at the time of their intended service, are not subject to the provisions of the second subparagraph of Article 2 (2). and 3. The main part of the asylum seeker's right of residence in 2005.

(5) If a service is delivered on the basis of the information provided by the foreigner at his age to a legal adviser (§ 49) or youth welfare carrier (§ 10) as a legal representative, this shall also be effective if the stranger is at the time of delivery is all year round.

(6) deliveries to strangers who only have a main residence confirmation in accordance with § 19a Reporting G and are therefore subject to a reporting obligation pursuant to § 13 para. 2 may, in particular, also be provided by bodies of the public security service. on the occasion of the fulfilment of this reporting obligation. Likewise, the delivery of decisions pursuant to Section 12a (4) of the Asylum Act 2005 may be carried out by bodies of the public security service.

(7) A stranger whose factual deportation protection is repealed (Section 12a (2) of the Asylum Act 2005) or that a factual deportation protection is not due (§ 12a para. 1 or 3 Asylum G 2005) and enforced against the right-ended measure , it can be shown that it can be used for the delivery of an authorised representative and that he/she shall also inform the Federal Office of his/her residence and address abroad and to make changes as soon as possible (Section 15 (1) Z 4 Asylum G 2005). In addition, the postal address of the Federal Office and the Federal Administrative Court must be communicated to him. To the extent possible, he shall be able to follow a written information sheet in a language which he/she understands. In such cases, deliveries shall, as far as possible, be made at the last delivery address known to the Federal Office or the Federal Administrative Court; if the delivery address is abroad, the notification shall be valid at the time of arrival of the decision to the Federal Office of Administration or the Federal Administrative Court. Address as effected. § 24 Asylum Act 2005.

(8) If the stranger has a delivery agent, the delivery of a detention order shall also be deemed to have been carried out at the time when a copy has actually been made to the stranger. In such cases, the delivery of a further copy to the appointing representative shall be effected immediately.

(9) The third-country national who has submitted an application for a residence permit to the Federal Office shall immediately inform the Federal Office of a delivery address and, in the event of its change during the proceedings, the new delivery address. . If the personal service of a charge or of a procedural arrangement is not repeated for the repeated time, the procedure shall be established if the third-country national has been informed of this fact when the application is lodged.

Modest

§ 12. (1) The decisions of the Federal Office and the Federal Administrative Court shall also contain the saying and the right of appeal in a language which is understandable to the tourist, or in a language where it reasonably assumed can be that he understands them. An incorrect translation only justifies the right to be reinstated under the conditions of § 71 AVG.

(2) If the application for international protection in accordance with § 4 Asylum G 2005 is rejected as inadmissible, a translation of the relevant legislative provisions and also in the official language of the Federal Office shall be the communication of the Federal Office. a certified confirmation that the application for international protection has not been examined in substance because of the protection existing in the safe third country, and that the application has been filed against the official notice of the Federal Office. Complaint a suspensive effect was not granted.

Participation of a stranger

§ 13. (1) The foreigner shall participate in the proceedings before the Federal Office, in particular in the case of a recognition service.

(2) If a foreigner only has a principal residence confirmation according to § 19a Reporting Act, he/she shall have fourteen times working with the contact point pursuant to § 19a (1) (2) of the Reporting Act, starting with the first working day after issuing the main residence confirmation. to report to the nearest office of a State Police Directorate; this does not apply to asylum-seekers in the authorisation procedure. There is no breach of this obligation to report if it is demonstrably not possible or not reasonable for the foreigner to comply with this obligation.

(3) If the stranger does not succeed, one claimed and, on the basis of the results of the preliminary investigation which has been available to date, a dubious minor, to which he is based in proceedings before the Federal Office or the Federal Administrative Court, The Federal Office or the Federal Administrative Court may, within the framework of a multi-factorial investigation methodology, be able to diagnose the age of an age diagnosis by means of safe documents or other suitable and equivalent certifying agents (§ 2 para. 1 Z 25 Asylum seeker 2005), including the adoption of radiological studies, in particular: X-ray examinations, arrange. Each examination method shall be carried out with the least possible intervention. The participation of the stranger in a radiological examination is not enforceable with compulsory means. If, after the diagnosis of the age, there are still reasonable doubts, it must be assumed in favor of the stranger from his minor.

(4) If a stranger does not succeed, a claimed relationship of relationship to which he or she is based in proceedings before the Federal Office or the Federal Administrative Court, by unsafe documents or other suitable and equivalent The Federal Office or the Federal Administrative Court shall, at his request and at his expense, enable him to carry out a DNA analysis to prove the certifying means. The stranger is to be lecturing about this possibility. Stranger's lack of desire to carry out a DNA analysis is not a refusal of the stranger to participate in the clarification of the facts. In the further proceedings, only the information about the relationship of the relationship may be processed; any further data shall be deleted. The Federal Office or the Federal Administrative Court shall reimburse to the stranger the costs of the DNA analysis if the claimed family relationship has been determined by the opinion based on the DNA analysis and if the stranger is in the Federal territory.

(5) In the context of the assessment of the credibility of the introduction of a foreign person, consideration should be given to participation in the procedure.

Principles in the field of enforcement

§ 14. The Federal Office, the State Police Directorates and the bodies of the Public Security Service have the Articles 2, 3 and 8 of the ECHR in the performance of their duties under this Federal Act, the Asylum G 2005 and the 7th, 8. and 11. The main part of the FPG is particularly important.

4. Main piece

Proceedings before the representative authorities for the issuing of Austrian documents for strangers in accordance with the 11. The main part of the FPG

§ 15. (1) In proceedings before the representative authorities, applicants shall submit, under the guidance of the Authority, the documents and evidence required for the identification of the relevant facts. § § 13 (3), 37, 45 (2) and 3 (3) of the AVG apply.

(2) The decision in accordance with § 14 shall also be completed in writing on the written or written request of the party; in addition to the decision taken, the relevant provisions of the law shall be listed; a further justification shall be given. does not need to be.

§ 16. The name of the representative authority, the date of the decision and the signature of the convicted person shall be required; the seal may be replaced by the seal of the Republic of Austria, provided that the identity of the person concerned is Approvable in the act is understandable. Delivery shall be effected by handing over to the representative authority or by postal mail.

§ 17. Decisions pursuant to § 15 are to be made in writing in a manner which allows the person concerned to understand the content and effect of the beneficiary. 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.

§ 18. If the decision in the case does not take place within six months of the application of the application, in the cases of § 15 the written copy does not take place within two months after the application has been submitted, the responsibility for the decision shall go to the decision or to the decision. Copy on request to the Federal Minister for Home Affairs. Such a request shall be submitted directly to it. He shall apply the provisions of § § 15 to 17 for the decision or the copy. The application shall be dismissed if the delay is not solely due to the fault of the representative authority.

5. Main piece

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 applications of asylum seekers from that country of origin may be retaken from 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.

§ 20. The Federal Government is empowered to lay down, by means of a regulation, that complaints from asylum seekers coming from an asylum seeker Section 19 (4) , shall not be able to recognise the suspensive effect of the country of origin.

§ 21. The Federal Government is empowered to establish by Regulation that other than in Section 19 (4) said States shall be considered as safe countries of origin.

§ 22. In the case of regulations according to § § 20 and 21, it is mainly due to the existence or absence of state persecution, protection against private prosecution and legal protection against suffered violations of human rights to be taken into consideration.

6. Main piece

Recognition and Investigation Service

Use of personal data

§ 23. (1) The Federal Office and the Federal Administrative Court may only use personal data to the extent that this is necessary for the performance of the tasks assigned to them.

(2) The Federal Office and the Federal Administrative Court may only process personal data of third parties if their eligibility is not provided for from the total amount of stored data. This shall not preclude the total number of data records relating to these third parties, together with any reference to the respective contracting entities, in so far as this is carried out only in the context of the processing of the data of a foreigner, that is directly related to an official act.

(3) Data determined in accordance with this Federal Act shall be deleted physically at the latest,

1.

if the person concerned is given the nationality of a Member State,

2.

if the Federal Office or the Federal Administrative Court is aware of the death of the person concerned and has since passed five years, or

3.

10 years after a final decision of a procedure before the Federal Office or the Federal Administrative Court, or after withdrawal, cessation or unlawfulness of an application. This does not apply if there is an unlimited travel ban on the person concerned or an indefinite ban on residence.

Recognition service

§ 24. (1) The Federal Office is authorized, a stranger, who is the 14. Year of age shall be treated as a recognition service if:

1.

it makes an application for international protection,

2.

to be granted the status of the asylum seeker in accordance with § 3 (4) of the Asylum Act 2005,

3.

he has a residence permit in accordance with the provisions of the 7. the main part of the Asylum Act 2005,

4.

he is in custody,

5.

he was arrested under this federal law,

6.

has been adopted against him for a period of residence,

7.

there is a suspicion that, among other things, an entry or residence ban, which is still in force, has been issued against him,

8.

a passport or a convention passport should be issued to him, or

9.

the identification of his identity is not possible in any other way.

(2) The recognition service and the determination of persons may also be carried out by bodies of the public security service. In this case, you are going to work for the Federal Office.

(3) The representative authorities are authorized to treat strangers in the cases referred to in paragraph 1 (8) of the recognition service.

(4) § § 64 and 65 (4), 5 first sentence and para. 6 Security Policy Act (SPG), BGBl. No 566/1991, as well as Article 73 (7) of the SPG. A person's determination may be made in the cases referred to in paragraph 1 (1) (1) to (5) and (8).

Invitation to receive recognition services

§ 25. (1) The Federal Office has to ask a stranger who has to undergo a recognition service and to inform him about the reason for the recognition of the recognition service. He shall be subject to a written information sheet which shall be drawn up in a language which he or she understands, or a language in which it can reasonably be assumed that he understands it. The person concerned must take part in the recognition service.

(2) If the person concerned does not comply with Article 24 (1) (4) and (5) of the request, the institutions of the Public Security Service are authorized to provide the persons concerned with the Federal Office for the purpose of the recognition service or to a to be designated by the Federal Office of a State Police Directorate; the maintenance for this purpose is only permitted for as long as a successful implementation of the recognition service in compliance with § 78 of the SPG does not apply. appears to be hopeless.

(3) If the person concerned does not comply with the request, except in the cases of § 24 (1) (8), unless he is in detention, he shall be responsible for the obligation to participate in communication with the person concerned. The communication can be connected with a charge (§ 19 AVG) for the recognition service. § 78 SPG applies.

(4) Recognition service data strangers who are lawfully processed by a security authority under the SPG may be determined by the Federal Office in the cases of § 24 (1) (1) (1) to (8) and processed further in accordance with the provisions of this Federal Law . The foreign person shall be informed of this investigation in a manner corresponding to the circumstances.

Central tourist register; information system

§ 26. (1) The Federal Minister of the Interior is authorized to operate a Central Tourist Register as a composite information system (§ 4 Z 13 DSG 2000). The Federal Minister of the Interior exercises the function of the operator according to § 50 DSG 2000 as well as that of a service provider within the meaning of § 4 Z 5 Data Protection Act 2000 (DSG 2000), BGBl. I n ° 165/1999. Data protection law clients are the Federal Office, the Federal Administrative Court and the authorities according to the NAG as well as the State Police Directorates.

(2) Personal data processed in accordance with paragraph 1 shall be blocked for access by the Federal Office, the Federal Administrative Court, the authorities in accordance with the NAG and the State Police Directorates as adjudicating entities, as soon as the conditions for the storage has fallen away, or the data is no longer needed. After two more years, the data will be physically deleted. During this period, the lock may be revoked for the purpose of checking the accuracy of any other storage envisaged in accordance with paragraph 1.

(3) The Federal Office, the Federal Administrative Court and the authorities in accordance with the NAG as well as the State Police Directorates shall be obligated as adjudicating entities, indefinite, personal data processed in accordance with paragraph 1, to which the access is not blocked and which have remained unchanged for a period of six years to verify that the conditions for a barrier referred to in paragraph 2 are not already in place. Such data sets shall be blocked after the end of a further three months in accordance with paragraph 2 for access, unless the adjudicating entity has previously confirmed that the reason for the storage persists or does not have any other reason to do so. Deletion obligations pursuant to section 23 (3) exist.

(4) As soon as recognition service data are processed in the Central Tourist Register, they must be deleted in the local application.

(5) The data processed in the central tourist register shall be subject to section 23 (3).

Data use within the framework of the Central Tourism Register

§ 27. (1) The Federal Minister of the Interior, the Federal Office, the representative authorities, the Federal Administrative Court and the authorities in accordance with the NAG, as well as the State Police Directorates, may

1.

names,

2.

Gender,

3.

former names,

4.

date and place of birth,

5.

Residence addresses,

6.

nationality,

7.

the names of the parents,

8.

alias data,

9.

Issuing authorities, exhibition data and numbers of documents carried out,

10.

any indication of the danger of intervention, including sensitive data, to the extent that it is necessary to protect the vital interests of others;

11.

data relevant for the right of entry and residence and for the admissibility of the holding in custody,

12.

Data for arrest in accordance with this Federal Act,

13.

light images,

14.

Papillary line impressions of the fingers,

15.

Signature,

16.

Verbal description of external physical characteristics,

17.

Results of a multi-factorial study on age diagnosis,

18.

Results of a DNA analysis for the detection of a relative relationship and

19.

the social security number

of a stranger in the tourist register (§ 26) together.

(2) Queries from the tourist register shall be admissible only if the foreigner is determined at least by the name, by a number assigned to it or by a papillary line pressure. For the purposes of Section 32 (2), data on the validity of entry and residence permits may also be used as a request for a request. If a papillary line pressure is not used as a selection criterion, papillary line impressions and the signature may only be instigated if this is a necessary condition for the performance of a regulatory task.

(3) Personal data of third parties may only be processed if their eligibility from the total quantity of stored data is not provided for. This shall not preclude the total number of data records relating to these third parties, together with any reference to the respective contracting entities, in so far as this is carried out only in the context of the processing of the data of a foreigner, that is directly related to an official act.

(4) Alphanumeric data, light images, papillary line impressions and signatures must be processed physically separately. Every query and transfer of personal data from the Central Information Collection shall be recorded in such a way that the admissibility of the operations carried out can be checked. The log records shall be kept for three years.

Central process file; information composite system

§ 28. (1) The Federal Office and the Federal Administrative Court are authorized to jointly process the procedural data which they have determined, which is procedural information on applications, decisions and appeals. The Federal Minister of the Interior shall exercise the function of the operator in accordance with § 50 DSG 2000 as well as of the service provider within the meaning of § 4 Z 5 DSG 2000 for the Federal Office and the Federal Administrative Court.

(2) The Federal Office and the Federal Administrative Court are empowered to determine the processing data processed by the authorities in accordance with the NAG and the State Police Directorates, if this is strictly necessary for the performance of their duties.

(3) Queries from the central processing file are only admissible if they are to be taken into account in accordance with this Federal Act, the Asylum G 2005 or the 7th, 8th. and 11. The main part of the task assigned to the FPG is required and the foreign is determined at least by the name, a number assigned to it, or by a papillary line pressure.

(4) The data processed in the central processing file shall be subject to section 23 (3).

Transfer of personal data

§ 29. (1) The data processed in accordance with § § 27 (1) and 28 (28) may be transmitted to the following recipients, in so far as they require them to perform the tasks assigned to them:

1.

the security authorities (§ 4 SPG),

2.

The Public Prosecutor's Office,

3.

civil and criminal courts,

4.

the administrative courts of the countries,

5.

The Office of the United Nations High Commissioner for Refugees in Austria,

6.

the Contracting Parties to an agreement to determine the State responsible for examining an application for asylum or an application for international protection, or the authorities of the States to which the Dublin Regulation applies,

7.

the foreign authorities responsible for the enforcement of the Geneva Convention, if the identification of the identity and the granting of asylum are not possible without transmission to those authorities, and it is ensured that such data are not the authorities of that State in which the asylum seeker or the refugee claims to have to fear persecution,

8.

the Austrian representative authorities,

9.

the authorities after the NAG,

10.

the civic authorities,

11.

the civil status authorities,

12.

the authorities responsible for the enforcement of the Foreigners Employment Act;

13.

financial penal authorities,

14.

the Youth Welfare Winners,

15.

legal advisers (§ § 49 to 52).

In addition, transfers are only permitted if there is an express statutory authorisation for this.

(2) The data processed in accordance with § 27 (1) Z 1 to 11 and in accordance with § 28 may be transmitted to the following recipients to the extent that they require them to perform the tasks assigned to them:

1.

Federal and State bodies carrying out tasks for the fulfilment of the basic supply agreement,

2.

the Labour Market Service and the local authorities responsible for the provision of care and integration assistance,

3.

the District Health Insurance Fund and the Main Association of Austrian Social Security Institutions, and

4.

the Federal Ministry of European and International Affairs.

(3) The data processed in accordance with Article 27 (1) (1) to (9) and (11) may be transmitted to the reporting authorities in so far as they require them to carry out the tasks assigned to them.

Participation obligations of the authorities

§ 30. (1) The Federal Office shall transmit to the Federal Office the recognition service data of strangers prepared by the Federal Office of the Federal Republic of Germany, of which the Federal Office shall, within the framework of a recognition service according to § 24, different data of the same type. has been identified.

(2) The Federal Office of the Federal Administrative Court shall inform the Federal Administrative Court of the suspicion of committing a criminal act by strangers, in the light of the essential circumstances, to the Federal Administrative Court, in so far as a complaint procedure is pending.

(3) The representative authorities (Section 35 (1) Asylum Act 2005) shall inform the Federal Office of all official acts relating to persons on which they are aware of proceedings pending in the Federal Republic for an application for international protection.

(4) The authorities of the Federal Government, the Länder and municipalities, the offices of the Labour Market Service and the institutions of the Social Security, which have legal data, are empowered and, upon request, obliged to submit these data to the Federal Office of the Federal Republic of Germany. , provided that the latter requires the data to carry out a measure or a procedure before the Federal Office. A refusal of the information is not permitted. The data shall be deleted immediately if it is no longer required for the fulfilment of the specific purpose.

(5) The criminal courts have prosecutions on charges of intentional offences committed intentionally, the resignation of the prosecution of the offence, the cessation of the criminal proceedings, the acquittment, final convictions following the prosecution of the criminal proceedings. The Federal Office of the Federal Office of the Federal Republic of Germany shall inform the Federal Office of the entry and the end of a custodial sentence of strangers, the imposition and termination of the pre-trial detention, the prisons and the court detention centres. In accordance with the technical possibilities, this communication must be sent to the Federal Office by electronic transmission of these data (Section 15b (1) of the StVG). The Federal Office is responsible for forwarding the information to a further instance which may be responsible.

(6) The citizenship authorities have to inform the Federal Office of the award of citizenship to a stranger.

(7) The civil status authorities shall inform the Federal Office of applications for marriage or on the grounds of a registered partnership of third-country nationals who are not beneficiaries of third country nationals.

(8) The district administrative authorities shall submit applications for name change and the civil courts to notify the Federal Office of applications for adoptions of strangers.

(9) The driving licence authorities shall inform the Federal Office of the issue of a driving licence to a stranger.

Duty to understand

§ 31. (1) A communication pursuant to Section 30 (5) shall be sent by the Federal Office to the Federal Administrative Court, in so far as the proceedings before the Federal Administrative Court are pending.

(2) The Federal Office of the Federal Administrative Court (Bundesverwaltungsgericht) and in the cases of Z 2, if the proceedings are pending before the Federal Administrative Court, have to communicate the competent national police directorate:

1.

from the breach of a reporting obligation pursuant to Section 15a of the Asylum Act 2005,

2.

the infringement of a reporting obligation pursuant to Section 13 (2) if an asylum seeker has been initiated a procedure for the release of a residence-terminated measure in accordance with § 27 Asylum Act 2005; and

3.

the commission of a criminal act in accordance with the FPG.

(3) The Federal Minister for the Interior shall be obliged to inform the authorities of the citizenship authorities of return decisions and residence bans which have not been taken into account. To this end, on the occasion of the arrest in accordance with Section 26 (2), he shall forward to them the basic data record of the foreigner and the data of the decision which has not been taken into account.

(4) Information relating to measures to be terminated shall be provided by the competent authority for the implementation of the administrative criminal procedure under the Foreigners Employment Act (AuslBG), BGBl. No 218/1975, (§ 28 AuslBG).

Admissibility of the use of the data of the Central Register of Melting

§ 32. (1) In the case of a query in the Central Reporting Register opened by the Federal Office in accordance with the Reporting Act, the eligibility for eligibility from the total quantity of all data processed in the Central Reporting Register can be provided in addition to the name also according to the residence address, if this is necessary in order to carry out the tasks assigned to the Federal Office.

(2) The Federal Minister for the Interior is authorized to match the data processed in the Central Reporting Register to the person records of those strangers whose residence permits are no longer valid. If, in spite of the expired validity of the residence permit, there is an upright registration, he has to notify the Federal Office of the Federal Office.

(3) The Federal Minister of the Interior shall, after one year after the inclusion of the measures provided for in paragraph 2, undergo a special purpose test and shall report thereon to the Data Protection Council.

International traffic

§ 33. (1) Provided that the Federal Government is authorized to conclude state contracts in accordance with Article 66 (2) B-VG, it may, provided that reciprocity is granted and a level of data protection comparable with Austria, be provided, conclude inter-governmental agreements on the transfer of data pursuant to § § 27 or 28, which are required for the purposes specified in § 29. In this connection, the transmission of such data to the Federal Minister for Home Affairs must be withheld and provision should be made for the deletion of transmitted data under the same substantive conditions as in Germany and for the nationals of the Contracting States to be subject to the same conditions as the are excluded from the scope of these agreements.

(2) Personal data from strangers, which have been transferred from abroad on the basis of an agreement concluded in accordance with paragraph 1, may be processed in the Central Information Collection.

(3) The transfer of personal data of a foreign country to the country of origin shall not be permitted, provided that the data are not data necessary for the procurement of a replacement travel document.

(4) The transfer of personal data of an asylum seeker to the country of origin is not permissible, without prejudice to paragraph 5. However, data necessary to obtain the permits required for entry may be transmitted if the application has been rejected or rejected, although not legally binding, or if the asylum seeker is a factual Deportation protection is not to be given. The fact that an application has been made for international protection must in no way come about in the event of such a transfer.

(5) However, the transfer of personal data to the State of origin for purposes of security police and criminal justice shall be permitted where:

1.

which is a safe country of origin,

2.

in the case of the conditions set out in Article 27 (3) (2) (2) to (4) of the Asylum Act 2005, a procedure for the release of a residence-terminated measure was initiated or

3.

in the first instance-although not legally binding-the application for international protection has been rejected, or both in respect of the granting of the status of the asylum seeker and the status of the subsidiary entitled to be protected. The fact that an application has been made for international protection must in no way come about in the event of such a transfer.

2. PART: SPECIAL PART

1. Main item:

Mandate and powers of the authorities

1. Section:

Arrest and Explore Order

Arrest Order

§ 34. (1) The Federal Office may order the arrest of a stranger (arrest order) if this

1.

infringed conditions in accordance with § § 56 (2) or 71 (2) FPG, or

2.

is not legally resident in the federal territory and does not fall within the scope of the 6. The main part of the FPG is falling.

(2) The Federal Office may order the arrest of a stranger even without the release of a detention order if, on the basis of certain facts, it is to be assumed that the conditions for the release of a stay-ending measure are met and

1.

the stranger, without sufficient excuse, did not comply with a charge assigned to him on his own account, in which he was threatened with the use of such means, or

2.

of the stay of the stranger could not be determined.

(3) A arrest order may be issued against a stranger even then,

1.

if the conditions for the imposition of the detention pursuant to Section 76 of the FPG or the arrangement of the funds are in accordance with Article 77 (1) of the Austrian Freedom Party (FPG) and not for other reasons the Federal Office of the Federal Office of the Federal Republic of Germany is presented with the preliminary

2.

if it has not complied with its obligation to leave the country (§ § 52 (8) and 70 (1) FPG);

3.

if an order for deportation (§ 46 FPG) is to be issued against the stranger, or

4.

if, without sufficient excuse of a charge assigned to him on his own account, in accordance with Article 46 (2a) of the FPG, in which he was threatened, for questioning, in order to clarify his identity and origin, in particular for the purpose of obtaining a Replacement travel document with the competent foreign authority by the authority, has not acted.

(4) The Federal Office may order the arrest of an asylum seeker if he

1.

has withdrawn from the proceedings (Section 24 (1) of the Asylum Act 2005), or

2.

has been unjustably removed from the initial reception office in accordance with Section 24 (4) (2) of the Asylum Asylum Act 2005.

(5) The arrest order shall be carried out in the exercise of administrative authority; it shall be informed. The holding on the basis of a contract of arrest may not exceed 72 hours and must be terminated after the necessary procedural steps have been carried out.

(6) In the cases referred to in paragraphs 1 to 4, a copy of the arrest order shall be sent to the party concerned at his request either immediately or within the next 24 hours.

(7) The holding of a stranger against which a arrest order has been issued shall be notified to the Federal Office without delay. This has to indicate whether the foreign is to be presented to a first-time reception or regional directorate.

(8) A arrest order shall be revoked if:

1.

the procedure for granting the status of the person entitled to asylum has been terminated and the continuation of the procedure is no longer admissible (Section 24 (2) of the Asylum Act 2005),

2.

the asylum seeker is aware of his whereaby from the Federal Office of the Federal Office or the Federal Administrative Court and is not to be accepted on the basis of certain facts, he will be withdrawn from the proceedings, or

3.

the asylum seeker is relocated in the admission procedure in his/her own first place of reception and is not to be accepted on the basis of certain facts, he will remove himself from this once again unjustifiably.

(9) The Federal Office shall announce the release and revocation of an arrest order to the State Police Directorates.

Search Order

§ 35. (1) If it is to be assumed, on the basis of certain facts, that a stranger against which a arrest order has been issued or is to be subject to custody is held in certain premises, the Federal Office may, if it is responsible for the enforcement of the In the case of a detention order or for the execution of the detention order, the public security service authorities shall issue the contract to enter and search the premises.

(2) The order in accordance with paragraph 1 shall be carried out in the exercise of administrative authority. The search to be carried out shall be confirmed in writing by the institution of the public security service, at the request of the person concerned, as soon as possible, in any case within 24 hours.

Section 2:

Participation and powers of the institutions of the Civil Security Service

Identity determination

§ 36. (1) The bodies of the public security service shall be empowered to establish the identity of a person;

1.

if, on the basis of certain facts, it is to be assumed that there is an order for arrest (§ 34) against them, or

2.

if, on the basis of certain facts, it is to be assumed that it would be a stranger outside the area to which it is confined.

(2) The identification of the identity shall be the identification of the name, date of birth, nationality and residence address of a person in his/her presence. It must be carried out with the reliability required by the event.

(3) The bodies of the Public Security Service shall inform persons whose identity is to be established. Each person concerned is obliged to participate in the identification of his identity and to tolerate the direct enforcement of the identity of the person concerned.

Authority to enter

§ 37. (1) The bodies of the public security service are authorized to enter land, premises, premises, places of work and vehicles, in so far as a search order (§ 35) is available and this is necessary for the enforcement of this order.

(2) In the cases referred to in paragraph 1, a certificate of entry and the reasons of entry shall be sent to the party concerned at his request either immediately or within the next 24 hours.

Searching people

§ 38. (1) The bodies of the public security service shall be authorized, for the purposes of ensuring evidence (§ 39), to search the clothes and the entrained containers of a stranger, if:

1.

has been arrested under this federal law,

2.

there is a suspicion that the latter is not legally resident in the territory of the Federal Republic of Germany and has evidence that is relevant to the deportation of such evidence,

3.

to be presented to the initial reception office,

4.

whose performance under Section 45 (1) does not apply, or

5.

this application shall apply to international protection,

in so far as it cannot be ruled out in the cases of Z 3 to 5, that the foreign objects and documents which may give information about his identity, his nationality, his travel path or his reasons for escape shall be carried out and that such information shall be is not to be presented at the request. Before a search, the stranger should be asked to give out all the evidence carried along voluntarily.

(2) In addition, the institutions of the Public Security Service are empowered to search the clothes and carried containers of an asylum-seeker, if, on the basis of certain facts, it is to be assumed, in connection with an acceptance, that: the asylum seeker carries out documents and objects which he/she is obliged to publish in accordance with Section 15 (1) (5) of the Asylum Act 2005 and which he/she also does not voluntarily provide.

Ensuring evidence

§ 39. (1) The bodies of the Public Security Service are empowered to ensure provisionally items and documents required for proceedings before the Federal Office or for deportation pursuant to Section 46 FPG as evidence.

(2) The evidence also applies to objects or documents which are required in the course of the enforcement of a return decision, expulsion or prohibition of residence, in particular for obtaining a replacement travel document for the deportation. .

(3) A written confirmation shall be issued to the person concerned about the freezing of evidence; the evidence is to be handed over to the Federal Office and from the Federal Office as soon as it is no longer required for proceedings or for deportation, to the person concerned, unless they were to be ensured in accordance with a different federal law.

Arrest

§ 40. (1) The bodies of the Public Security Service are authorized to arrest a stranger before the Federal Office for the purpose of being presented;

1.

which is subject to a contract of arrest (§ 34),

2.

if these conditions are infringed in accordance with § § 56 (2) or 71 (2) FPG

3.

who is not legally resident in the federal territory and does not fall within the scope of the 6. The main part of the FPG is falling.

(2) The bodies of the Public Security Service are authorized to arrest asylum-seekers or strangers who have submitted an application for international protection for the purpose of being presented before the Federal Office if:

1.

this stranger is not entitled to stay in the federal territory,

2.

against the latter, a enforceable-albeit not legally binding-residence-terminated measure according to the 8. The main part of the FPG was adopted,

3.

has been initiated against the latter in accordance with Article 27 of the Asylum Act 2005, a procedure for the release of a residence-terminated measure,

4.

against the latter, before the application for international protection, an enforceable period of residence in accordance with the 8. the main part of the FPG has been adopted, or

5.

Due to the results of the survey, the search and the recognition service, it is to be assumed that the foreign application for international protection will be rejected for examination in the absence of Austria's jurisdiction.

(3) In the cases referred to in paragraphs 1 and 2, the arrest may be prevented if it is ensured that the foreign country leaves the Federal territory immediately above an external border.

(4) The Federal Office shall be notified of the arrest without any unnecessary delay. The holding of a foreigner is permissible in the cases of the cases of subsection 1 Z 2 and 3 and para. 2 up to 48 hours and in the cases of paragraph 1 Z 1 up to 72 hours; moreover, deprivation of liberty is only in accordance with § 77 para. 5 FPG or in detention pursuant to § 76 FPG possible. The arrested stranger must confirm the arrest of the arrest of his or her request in writing.

(5) The bodies of the public security service are authorized to prevent asylum-seekers who are not entitled to stay in the territory of the Federal Republic from leaving the first place of reception until such time as this is permissible, to the extent that this is valid. treated (§ 44) and searched (§ 38).

(6) During the admissibility of securing the refusal of the airport procedure, the institutions of the Public Security Service are empowered to prevent a rejected asylum-seeker from entering the territory of the Federal Republic of Germany, unless he does not have the right to is permitted.

Rights of the arrested

§ 41. (1) Everyone arrested pursuant to § 40 (1) and (2) shall be informed of the reasons for his arrest in a language which he/she understands.

(2) At the request of such a detainted person, the consular post of his home country shall be immediately informed of his or her holding. § 36 para. 4 VStG and § 47 SPG apply.

The application for international protection shall be made by a security authority or by public security bodies

§ 42. (1) If a foreigner who is entitled to stay in Austria has a request for international protection from a security authority or an organ of the public security service, he shall be requested to submit this request within fourteen days in an initial reception position. The Federal Office shall be informed of the status of the application by means of a written notification.

(2) If a foreigner who is not entitled to stay in Austria has a request for international protection from a security authority or an institution of the public security service, he shall be appointed by the public authorities Security service to ensure the return decision, the order for the expulsion or the expulsion of the first reception point. Similarly, a stranger who has filed a request for international protection in accordance with paragraph 1 and who enter the application for international protection before the application and unlawfulness (Section 25 (1) of the Asylum Act 2005) is entered after the expiration of his right of residence shall be presented to the initial reception office.

Survey

§ 43. The bodies of the public security service shall have a stranger,

1.

that is to be presented to the initial reception office;

2.

whose performance under Section 45 (1) does not apply, or

3.

that has submitted an application for international protection and has not yet been subjected to any questioning in this procedure,

an initial survey (Section 19 (1) of the Asylum Act 2005).

Authority to receive recognition services

§ 44. The organs of the public security service have a stranger, who is the 14. has been completed and has been completed

1.

that is to be presented to the initial reception office,

2.

whose performance under Section 45 (1) does not apply, or

3.

who has submitted an application for international protection,

to be treated as far as they have not already done so.

Implementation of the performance

§ 45. (1) Prior to the execution of the performance before the Federal Office, the Federal Office shall be announced to the Federal Office. This may have the lead to be lost if:

1.

this is not necessary for further processing, or

2.

the stranger concerned is stopped in school, criminal or pre-trial detention, or

3.

it is not possible to supply the asylum seeker in the initial reception area on the basis of special circumstances which are not foreseeable.

(2) At the latest at the same time as the presentation (section 42 (2)), the leading bodies of the public security service shall have the Federal Office the minutes of the interview and a report from which the time, place and circumstances of the application as well as Provide information on information on nationality and travel, in particular on the place of crossing the border.

(3) In the event that the performance referred to in paragraph 1 does not apply, the minutes of the interview and the report referred to in paragraph 2 shall be transmitted to the Federal Office as soon as possible.

Acceptance of cards

§ 46. The institutions of the Public Security Service and the security authorities (§ 4 of the SPG) are authorized to accept cards in accordance with § § 50 to 52 Asylum Act 2005 if:

1.

the cards have been withdrawn (Section 53 (1) of the Asylum Act 2005);

2.

which are to be returned (Article 53 (2) of the Asylum Act 2005), or

3.

these are held by persons for which the cards have not been issued, unless they are legal representatives of minors.

Taken cards are to be submitted to the Federal Office.

Exercise of direct force

§ 47. (1) In order to enforce the powers provided for in this body, the bodies of the public security service are authorized to exercise direct force; the bodies of the public security service shall exercise the exercise of the exercise of the powers of the public security service. to threaten and announce the direct force of force. They shall cease to exercise their duties as soon as the desired success has been achieved, shows that it cannot be achieved by this means or that the desired success is disproportionate to the intervention necessary for the enforcement. In any case, a danger to life or a sustainable endangering of health is inadmissible.

(2) If an authority pursuant to § § 38 (1) Z 3 to 5 and (2), 39 (1) and (44) would be required to overcome a resistance of the person concerned, the authorized bodies of the Federal Office (Section 2 (5) of the BFA-G) have an institution of the Federal Office of the Interior. public security service in order to request the act of the official act.

2. Main piece

Legal advice

Request profile for legal advisors and legal persons

§ 48. (1) Legal advisers have to prove:

1.

the successful completion of a right-of-law studies,

2.

the successful completion of a four-year period of study, including a three-year continuous activity in the field of tourist law, or

3.

a continuous activity of at least five years in the field of the tourist law.

(2) Legal advisers are independent and have no instructions to perform their duties. They shall carry out their deliberation objectively and in accordance with the best of their knowledge and shall be obliged to perform their duties as a matter of secrecy in their performance.

(3) During the term of his contractual relationship, a legal advisor shall provide assurance for his reliability and shall refrain from any conduct which may be appropriate.

1.

to keep the conscientious perception of his duties,

2.

give the impression of a performance of his duties which is contrary to his/her duties; or

3.

to endanger official secrecy.

(4) The selection of legal advisors according to § § 49 to 51 is the responsibility of the Federal Minister of the Interior, the selection of legal advisers according to § 52 is the responsibility of the Federal Chancellor.

(5) The duration of the respective legal advice relationship depends on the contract to be concluded with the Federal Minister for Home Affairs or the Federal Chancellor. A reappointment as legal advisor does not justify an indefinite contractual relationship. If a legal adviser repeatedly and persistently breaches his duties, his contract can be terminated with immediate effect.

(6) The Federal Minister of the Interior and the Federal Chancellors may also entrust legal persons with the concern of legal advice pursuant to § § 49 to 52.

(7) Betrauung shall be permitted only if the legal person, in particular:

1.

has a sufficient number of legal advisors to provide comprehensive legal advice in the federal territory,

2.

have access to a sufficient number of interpreters in support of legal advice,

3.

ensure regular training for the legal advisers that it employs,

4.

have the necessary funds and resources to ensure comprehensive legal advice and interpretation in the Federal Republic of Germany, and

5.

on the organisational possibilities that are necessary to administer a legal advice system.

In the case of betting, care must be taken to ensure that legal persons who are to be selected provide guarantees for the proper performance of their duties, in particular because of their respective fields of activity, as well as their financial and economic Performance.

(8) The legal person shall have to employ only those legal advisers who fulfil the conditions laid down in paragraphs 1, 2 and 3 and shall immediately notify the legal person of the position of the legal person responsible for the legal person.

(9) The Federal Minister of the Interior and the Federal Chancellor may repeal the betting of individual legal persons with immediate effect and revoke the powers granted thereby if the legal person does not have a condition pursuant to paragraph 7 , or a breach of duty, repeated and persistent, with the implementation of legal advice or advisory assistance. In such cases, the legal person shall not be entitled to any claims against the Federal Government, which go beyond the compensation for completed deliberations.

Legal advice in the admission procedure before the Federal Office

§ 49. (1) In the authorisation procedure, an asylum seeker shall be provided free of charge to a legal adviser on a legal basis.

(2) Legal advisers shall have asylum seekers before each of a communication pursuant to Section 29 (3) (3) to (6) of the Asylum Act 2005 following the admission procedure for their asylum procedure and their prospects for granting the status of the right of asylum or of the subsidiary To this end, the Federal Office of Interpreters shall provide them with the assistance of the Federal Office for this purpose and shall make available to them the results of the investigations to date on the whole of the scope of the protection. Legal advisors are obliged to participate in all the participation in the admissions procedure for the party's part.

(3) In the case of unaccompanied minor asylum seekers, the legal adviser, as a legal representative, has to participate in the authorisation procedure for each interview at the initial reception point and in the case of any collection of the right to take part.

(4) The Federal Office shall determine the jurisdiction of the legal advisors for each initial reception point, depending on the application of the application. The transfer of tasks to another legal adviser may be carried out on a case-by-case basis and only with the agreement of this consultant. If a legal person is responsible for obtaining legal advice in the admission procedure, the Federal Administrative Court shall, in the cases of Section 10 (3), (5) and (6) and the Federal Office, even if the legal adviser is to be served, only the of a legal person.

(5) The Federal Minister of the Interior shall assign the amount of compensation to legal advisers for the time and effort involved. If a legal person is entrusted with legal advice in the authorisation procedure, the Federal Minister of the Interior shall assign the amount of the compensation for the time and work expenses for legal advice, including the interpretation costs in the form of Flat-rate payments per consultative asylum seeker. The compensation shall be based on the previously obtained offer of the responsible legal person.

Advisory support for asylum seekers in the approved procedure before the Federal Office

§ 50. (1) Consultative support may be established in the approved procedure before the Federal Office. Legal advisers working there shall support and advise asylum seekers free of charge in the approved procedure on the basis of factual possibilities, as well as in the case of the creation of an interpreter and, where appropriate, on the performance of return advice. There is no legal claim to support in the form of advisory services.

(2) The selection and appointment of the legal advisors for the respective regional directorate shall be the responsibility of the Federal Minister for the Interior; the order shall also be determined by the number of consulting hours to be provided.

(3) Legal advice must be carried out in accordance with the factual possibilities and only in the office hours of the Federal Office.

(4) The Federal Minister for Home Affairs decrees the amount of compensation of legal advisers for the time and effort involved. If a legal person is entrusted with the advisory support in the approved procedure before the Federal Office, the Federal Minister of the Interior shall assign the amount of the compensation for the time and work expenses for the advisory assistance including interpretation costs in the form of lump sums per consultative asylum seeker. The compensation shall be based on the previously obtained offer of the responsible legal person.

(5) The legal advisors shall report monthly to the Director of the Federal Office on the nature and duration of the deliberations carried out.

Other legal advice

§ 51. (1) If a stranger is arrested on the basis of an order for arrest pursuant to § § 34 (3) (1) (1) (1) (1) (1) (1) (1) (1) (1) (1) (1) (1) (1) (1) (1) (1), a

(2) Legal advisors shall advise the stranger arrested and assist in the creation of an interpreter. Legal advisors are entitled and, at the request of the stranger, are obliged to participate in all procedural acts that serve the maintenance of the party's hearing and have to participate in the conduct of the proceedings in such a way that there is no unnecessary Delay is coming. § 7 AVG applies.

(3) If the stranger is arrested in criminal or pre-trial detention, the legal advice shall take place at the place of residence of the stranger.

(4) The Federal Minister for Home Affairs decrees the amount of compensation of legal advisers for the time and effort involved. If a legal person is entrusted with legal advice, the Federal Minister of the Interior shall assign the amount of the compensation for the time and work expenses for legal advice, including the interpretation costs in the form of lump sums pro foreign counselor. The compensation shall be based on the previously obtained offer of the responsible legal person.

Legal advice before the Federal Administrative Court

§ 52. (1) The Federal Office shall have the foreign or asylum seeker in the event of a return decision, the order of detention and, in the case of repatriation or rejecting decisions on applications for international protection, which are not subsequent applications, by means of to inform the procedural arrangement that a legal adviser is to be provided free of charge on the website. At the same time, the Federal Office has to inform the legal adviser appointed or the legal person responsible.

(2) Legal advisers assist and advise foreign persons or asylum seekers when filing a complaint and in the appeal proceedings in accordance with paragraph 1 before the Federal Administrative Court, as well as in the case of the creation of an interpreter. Legal advisers also have to represent strangers in a complaint procedure against a return decision at their request. In any case, legal advisers have to explain the success of their complaint to the advisors.

(3) The Federal Chancellor allocates the amount of compensation to legal advisers for the time and effort involved. If a legal person is entrusted with the legal advice before the Federal Administrative Court, the Federal Chancellor orders the amount of the compensation for the time and work expenses for legal advice, including the interpretation costs in the form of Flat-rate payments per consulate or asylum seeker. The compensation shall be based on the previously obtained offer of the responsible legal person.

3. Main piece

Cost

Cost replacement

§ 53. (1) The following costs incurred by the Confederation shall be replaced by the stranger:

1.

Costs related to the enforcement of a stay-ending measure after the 8. the main part of the FPG,

2.

Interpretation costs in the context of procedural acts according to the 7. and 8. The main part of the FPG.

(2) If a foreign person is employed in accordance with Section 3 (1) of the German Federal Foreign Office (AuslBG), in the case of the release of a return decision in accordance with § § 52 iVm 53 para. 1 and 2 Z 7 FPG against these strangers, it has to replace the costs in accordance with paragraph 1. The main contractor and all subcontractors are liable in solidarity, insofar as they knowingly tolerate the employment of the stranger by a subcontractor contrary to § 3 para. 1 AuslBG or the main contractor of his supervision obligation in accordance with Section 26 (6) of the AuslBG.

(3) The carrier, which does not comply with its obligations pursuant to Section 111 (2) to (6) of the FPG, shall replace the costs incurred in connection with the deportation of the foreign person pursuant to § 46 FPG. This includes, in particular, costs incurred by the arrival of the stranger at the border crossing point to the completion of the exit

1.

for accommodation, catering and any medical care;

2.

the authority or the federal government, in the event of the necessary enforcement of the return decision pursuant to Section 52 of the FPG and the ban on residence pursuant to Section 67 of the FPG, including the costs of the enforcement of the detention, the interpreting costs, the Costs for the ticket and the costs for accompanying organisations.

(4) The costs in accordance with paragraph 1, the replacement of which the Federal Office has to prescribe, are to be raised by the State Police Directorate, in whose Sprengel the foreign is held, and shall flow to the Federal Government. § 79 AVG is to be applied in a reasonable way. Costs in accordance with paragraph 1, which are not to be introduced, are borne by the Federal Government.

3. PART: FINAL PROVISIONS

Linguistic equality

§ 54. As far as the names of natural persons referred to in this federal law are given in male form, they refer to men and women in the same way. In applying the name to certain natural persons, the gender-specific form shall be used.

References

§ 55. Insofar as provisions of other federal laws are referred to in this Federal Act, these are to be applied in their respectively applicable version.

entry into force

§ 56. (1) This federal law shall enter into force 1. Jänner 2014 in force.

(2) Regulations or governmental agreements pursuant to this Federal Law may be adopted or concluded as from the day following its proclamation; however, they may not enter into force at the earliest with the entry into force of this Federal Law. step.

Enforcement

§ 57. The following shall be entrusted with the enforcement of the law:

1.

as regards § § 20, 21 and 33 (1), the Federal Government,

2.

with regard to § § 7 and 52 of the Federal Chancellor,

3.

with regard to Section 30 (3) of the Federal Minister for European and International Affairs,

4.

the Federal Minister for the Interior.

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 50/2012, shall be amended as follows:

1. In the table of contents, after the entry to § 4 the following entry is inserted:

" § 4a.

Protection in the safe EEA state or in Switzerland "

2. The entry in the table of contents is § 10:

" § 10.

Dismissal of a stay-ending measure "

3. In the table of contents, the entry is the title of the 4. Main item:

" 4. Main item: Asylum Procedures Law "

4. In the table of contents, the entry is 1. Section of the 4. Main item:

" 1. Section: General asylum procedure "

5. In the table of contents there is no entry to § § 16, 23 and 26.

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

" § 27.

Initiation of a procedure for the discharge of a measure to be terminated "

7. In the table of contents the entries for the 5. and 6. Section of the 4. Main piece as well as the entries to § § 36 to 42.

8. In the table of contents, the entry of the 5. Main piece and the entries to § § 43 to 49.

9. In the table of contents, the entry is the title of the 7. Main item:

" 7. Main item: Residence permit for reasons worthy of consideration "

10. In the table of contents, the entry is 1. Section of the 7. Main item:

" 1. Section: Residence Title "

11. In the table of contents the entries are in accordance with § § 54 to 57:

" § 54.

Types and forms of residence permits

§ 55.

Residence permit for reasons of Art. 8 ECHR

§ 56.

Residence permits in cases which are particularly worthy of consideration

§ 57.

"Residence permit of special protection"

12. In the table of contents, the entry is the second section of the 7. Main item:

" 2. Section: Procedures for issuing residence permits "

13. In the table of contents are the entries for § § § 58 to 60:

" § 58.

Application and the most amusing procedure

§ 59.

Extension procedure of residence permit "Residence permit special protection"

§ 60.

General eligibility requirements

§ 61.

Invalidity, non-opposition and deprivation "

14. In the table of contents, the entry is 3. Section of the 7. Main item:

" 3. Section: Residence right for displaced persons "

15. In the table of contents the entry is to § 62:

" § 62.

Right of residence for displaced persons "

16. In the table of contents, the entry is 8. Main item:

" 8. Main item: United Nations High Commissioner for Refugees, Return and Integration Aid "

17. In the table of contents the entries for the 1. to 3. Section of the 8. Main piece.

18. In the table of contents the entries for § § 64 to 66a are deleted.

19. In § 1, in Z 2 the word order "with an expulsion" through the phrase " with a stay-ending measure according to the 2005 Foreigners Police Act (FPG), BGBl. I n ° 100, " replaced.

20. In § 1 is Z 3 and the following Z 4 is added:

" 3.

the issuing of residence permits for reasons worthy of consideration;

4.

the specific procedural provisions for obtaining a decision pursuant to Z 1 to 3. "

21. In § 2 para. 1 Z 6 the word order " 85/1999, as amended by BGBl. III No 4/2003 and BGBl. III N ° 20/2004 " through the turn "132/2009" replaced.

22. In Section 2 (1), the phrase in Z 20 shall be: 'which is not the Member State of the European Union' through the phrase 'except for a Member State of the EEA Agreement or Switzerland' replaced.

23. In accordance with § 2 (1) Z 20 the following Z 20a to 20c shall be inserted:

" 20a.

Stranger: who does not have Austrian citizenship;

20b.

Third-country national: a stranger who is not an EEA citizen or a Swiss citizen;

20c.

Third-country national beneficiary: the spouse, registered partner, own relatives and relatives of the spouse or registered partner of an EEA citizen or of a Swiss citizen or an Austrian citizen who has been or has been registered with the European Union The EU-Switzerland Agreement on the Free Movement of Persons has been granted a right of residence of more than three months, in a straight descending line, to the completion of the 21. In addition, if maintenance is actually granted, and to the relatives and relatives of the spouse or registered partner in a straight ascending line, provided that they are actually granted maintenance, in so far as this is not the case. Third-country nationals shall accompany or follow up the EEA citizen or Swiss citizen who is a resident of the European Union, from which his or her Union-law favouritism is derived; "

24. In Section 2 (1), in Z 25 the point shall be replaced by a line-point and the following Z 26 and 27 shall be added:

" 26.

a declaration of sponsorship: the declaration of a third party, certified by an Austrian notary or a national court and valid for at least three years, with domials or domided domials, that they are responsible for the requirements of all risks sickness insurance cover, accommodation and appropriate maintenance funds, and shall be liable for the replacement of those costs incurred by a local authority through the stay of the foreign party in the territory of the Federal Republic of Germany, as well as in the enforcement of the costs incurred by the local authorities; return decision, a residence ban, a expulsion, a Repatriation, the enforcement of the detention or as an application for the use of funds, as well as the title of social assistance or of a federal or state law which is the basic supply agreement according to Art. 15a B-VG, BGBl. I n ° 80/2004; the performance of the third party is to be described in the Declaration of Patentability, the existence of which is to be substantiated by appropriate evidence at the time of the declaration; In any event, public authorities shall not be able to justify the performance of the third party; agreements relating to the Declaration of Patentability, according to which the third party or another benefit, or any other benefit, promised or given to be given, are void.

27.

A residence-terminated measure: a return decision (§ 52 FPG), an order for expulsion (§ 61 FPG), a deportation (§ 66 FPG) and a ban on residence (§ 67 FPG). "

25. In Section 3 (1), the phrase "because of the third country security or competence of another State" through the phrase "already in accordance with § § 4, 4a or 5" replaced.

26. In § 3 para. 2, the quote shall be "§ 2 Z 23" by quoting "§ 2 para. 1 Z 23" replaced.

27. In Section 4 (1), the phrase "Foreign in a state, to" through the phrase "Third-country nationals in a State, with" and the phrase "Protection or" through the phrase "Protection does not exist or" replaced.

28. In § 4 (2) the word order shall be "a stranger" through the phrase "a third-country national" and the phrase "or by way of other states" through the phrase "or through any other third country" is replaced by the word order "-also by way of other states-" .

29. § 4 (4) reads:

" (4) Despite protection in a safe third country, the application for international protection should not be rejected as inadmissible if it is found, in the context of an examination of Section 9 (2) of the BFA-VG, that a statement relating to the rejection of the application is connected with the refusal of the Return decision would result in an infringement of Art. 8 ECHR. "

30. In § 4 (5) the word "Stranger" by the word "third country national" replaced.

31. In accordance with § 4, the following § 4a and title shall be inserted:

" Protection in the EEA State or in Switzerland

§ 4a. (1) An application for international protection shall be rejected as inadmissible if the status of the asylum-seeker has been granted to the stranger in another EEA State or Switzerland and he has found protection against persecution there. The rejection decision also states the state in which the stranger has to go back. Section 4 (5) shall apply mutatily. "

32. In § 5 (1), the quote shall be: "§ 4" by quoting "§ § 4 or 4a" replaced and the following sentence added:

"A rejection of the application has to be prevented if, in the context of an examination of § 9 paragraph 2 of the BFA-VG, it is established that an order relating to the expulsion associated with the rejection would result in an infringement of Art. 8 ECHR."

§ § 5 (3), 14 (4), 15 (1) Z 4 and 5, 15 (2), 17 (8), 19 (5) and (6), 20 (2), 22 (6) and (10), 24 (3), 25 (2), 27 (1) (2) and (4) and 34 (5) respectively, shall be the subject of the following: "Asylum court" by the word "Federal Administrative Court" replaced.

§ § 5 para. 3, 7 para. 3, 8 para. 4, 12 para. 2, 12a para. 2 and 4, 14 para. 4, 15 para. 1 Z 4 and 5, para. 2 as well as para. 3 Z 11, 15a para. 2, 17 para. 6 and 8, 18 para. 1, 19 para. 2, 5 and 6, 20 para. 2, 22 para. 6 and 7, 24 para. 1 Z 1, para. 2 and 3, and Paragraph 4 Z 2, 25 (2), 27 (2), 28 (2), 29 (3) and (4), 31 (1), 32 (4), 33 (1) (1) and (2), (3) and (4), 51 (2), 52 (1) and 53 (1) and (2) respectively, shall be the subject of the following: "Bundesasylamt" by the word "Federal Office" replaced.

35. In Section 8 (4), the phrase "from the competent authority" through the phrase "by the Federal Office or by the Federal Administrative Court" replaced.

36. In § 8 (6) the word "Expulsion from the Federal Republic of Germany" by the word "Return Decision" and the quote "§ 10 (2)" by quoting "§ 9 (1) and (2) of the BFA-VG" as well as the last sentence.

37. § 10 together with headline reads:

" Absence of a stay-ending measure

§ 10. (1) A decision under this federal law shall be taken with a return decision or an order for non-national application in accordance with the provisions of the 8. The main part of the FPG should be connected if:

1.

the application for international protection is rejected in accordance with § § 4 or 4a,

2.

the application for international protection pursuant to § 5 is rejected;

3.

the application for international protection is dismissed both in respect of the granting of the status of the right of asylum and of the granting of the status of the subsidiary entitled to protection,

4.

the status of the person entitled to asylum is recognised by a stranger, without the status of the subsidiary entitled to protection being granted, or

5.

the status of subsidiary protection is recognized by a stranger

and in the cases of Z 1 and 3 to 5 of the Office for which a residence permit pursuant to § 57 is not issued and in the cases of Z 1 to 5 there is no case of § § 8 (3a) or 9 (2).

(2) If a stranger is not legally resident in the territory of the Federal Republic of Germany and does not fall within the scope of the 6. The main section of the FPG, which is not issued by the Office for a residence permit pursuant to Section 57, is the decision taken with a return decision in accordance with the 8. The main part of the FPG.

(3) Where a third-country national's application for a residence permit is withdrawn or rejected in accordance with § § 55, 56 or 57, this decision shall be taken with a return decision in accordance with the provisions of the 8. The main part of the FPG. "

§ § 15 (1) (3) and (6), (16) and the title, 18 (2), 20 (3), 22 (1) to (5), (9), (11) and (13), 23 (together with the title), 26 (7), and (7), the title of the 5. and 6. Section of the 4. Main piece, § § 36 to 42 with headlines, the title of the 5. The main piece, § § 43 to 49, including headlines and 64 to 66a with headlines as well as § 72 Z 1 and 6 are no longer required.

39. In Section 12 (1) and (2), the word shall be "tolerated" by the word "Allowed" replaced.

40. In § 12 para. 1 the quote becomes "§ 36 (4)" by quoting "§ X BFA-VG" replaced.

41. In § 12, the following paragraph 3 is added:

"(3) The stay referred to in paragraphs 1 and 2 shall not constitute a right of residence in accordance with § 13."

42. In Section 12a (1), the quote shall be "§ 5" by quoting "§ § 4a or 5" replaced.

43. In § 12a (1) (1) (1), the phrase "upright expulsion or a return decision" through the phrase "Arrangement for expulsion pursuant to § 61 FPG or expulsion pursuant to § 66 FPG" replaced.

44. In § 12a (1) (2), the quote shall be: "§ 39 (2)" by quoting "§ 19 (2) BFA-VG" replaced.

45. In § 12a (1) (3) (3), before the word order "a competence" the phrase "in the case of § 5" inserted.

46. In § 12a (2) (1) (1) and (3) (3) (1), the word order shall 'An upright expulsion or a return decision has been adopted' through the phrase "Return decision pursuant to § 52 FPG or expulsion according to § 66 FPG exists" replaced.

47. In § 12a (3) Z 3 lit. c becomes the citation "§ 74 para. 2 Z 1 or 3 FPG iVm § 39 paragraph 2 Z 1 FPG" by quoting "§ 34 para. 3 Z 1 or 3 BFA-VG iVm § 40 Abs. 1 Z 1 BFA-VG" replaced.

48. § 12a is added in accordance with section 5 of the following paragraph 6:

" (6) Return decisions pursuant to § 52 FPG shall remain for 18 months from the date of departure of the foreign, unless a further period of time has been established in accordance with § 53 (2) and (3) of the FPG. Arrangements for expulsion pursuant to § 61 FPG and expultions pursuant to § 66 FPG shall remain in force for 18 months from the departure of the foreign. "

49. The previous § 13 receives the sales designation "(1)" and shall, in paragraph 1, the phrase "Withdrawal of the right of residence (Section 54 (1) of the FPG)" through the phrase " Loss of the right of residence (para. 2) " replaced.

50. In § 13 (1), the last sentence is deleted.

51. The following paragraphs 2 to 4 are added to § 13:

" (2) An asylum-seeker loses his right to reside in the federal territory if:

1.

has become a criminal offence (§ 2 para. 3),

2.

has been brought against the asylum seeker by the public prosecutor's office for a criminal offence which can only be committed intentionally,

3.

the asylum seeker has been subject to pre-trial detention (§ § 173 ff StPO, BGBl. No 631/1975); or

4.

the asylum seeker has been entered in the act of committing a crime (§ 17 StGB) in a fresh act.

The loss of the right of residence must be communicated to the asylum seeker with a procedural arrangement (Section 63 (2) AVG). If an asylum seeker is acquitted in the cases of Z 2 to 4, the Public Prosecutor's Office will withdraw from the prosecution of the offence (§ § 198 ff StPO) or if the criminal proceedings are terminated, his right of residence will live retrospectively with the day of the criminal offence. Loss again.

(3) If an asylum seeker has lost his right to reside in the territory of the Federal Republic of Germany in accordance with paragraph 2, he/she shall be subject to factual deportation protection (§ 12).

(4) The Federal Office shall declare the loss of the right of residence of an asylum-seeker in the final decision of the proceedings. "

52. In § § 14 (1), (2) and (4), 15 (3a), 17 (7), 19 (2), 22 (10), 27 (1) Z 2, 29 (1) and 6 (6) and (33) (3), the word shall be "Bundesasylamtes" by the word "Federal Office" replaced.

53. In § 14 (1) and (4), the word shall be "expulsion" through the phrase "Return decision in accordance with § 52 FPG or arrangement for non-national provision according to § 61 FPG" replaced.

54. In § § 14 (1a) and (2) and (33) (4), the word shall be "Asylum court" by the word "Federal Administrative Court" replaced.

55. In § 14 para. 1a, the quote "§ 41a" by quoting "§ X BFA-VG" and the quote "§ 41 (3)" by quoting "§ X BFA-VG" replaced.

56. In Section 14 (2), the word "Expulsion Decision" through the phrase "Return decision in accordance with § 52 FPG, arrangement for expulsion pursuant to § 61 FPG or expulsion decision in accordance with § 66 FPG" replaced.

57. In Section 15a (2), the Word shall be "Police Inspectorate" by the word "Service of a State Police Directorate" replaced.

58. The last two sentences are deleted in Section 15 (1) Z 4.

59. In § 15 (1) Z 7, the quote "Z 1 to 6" by quoting "Z 1, 2, 4 and 5" replaced.

60. In § § 15 (3) Z 11, 18 (1), 22 (7) and (10) and 27 (2) the word order shall be "the Asylum Court" through the phrase "the Federal Administrative Court" replaced.

61. In Section 15 (3a), the quote "§ 45" by quoting "§ 45 BFA-VG" and the quote "§ 43 (2)" by quoting "§ 42 (2) BFA-VG" replaced.

62. The title of the 4. The main item is:

"Asylum Procedure"

63. In the title of the 1. Section of the 4. The main item will be the word "Procedure" by the word "Asylum Procedures" replaced.

64. In § 17 (1) and (2), the citation shall be "§ 59" by quoting "§ 4 BFA-G" replaced.

65. In § 17 para. 2, the quote shall be "§ 43 (2)" by quoting "§ 42 (2) BFA-VG" replaced.

66. In Section 17 (3), the phrase "State Office of the Federal Asylamtes" through the phrase "Regional Directorate or Regional Directorate General" replaced.

67. In Section 17 (6), the phrase "State Office of the Federal Asylamtes" through the phrase "Regional Directorate or Regional Directorate-General" replaced.

68. In § 17 para. 6, the quote shall be "§ 45 (1) and (2)" by quoting "§ 45 (1) BFA-VG" and the quote "§ 45 para. 1 Z 2" by quoting "§ 45 (1) Z 3 BFA-VG" replaced.

69. In Section 19, Section 5, the quote shall be: "§ 64" by quoting "§ 49 BFA-VG" replaced.

70. In § 21, the phrase "Secured or referred to" by the word "According To" replaced.

71. In § 22 (7) the word "Tourist Office" by the word "State Police Directorate" replaced.

72. In § 22 (7), after the word order "of decisions" the phrase "in airport proceedings" inserted.

73. In Section 22 (8), the quote shall be "§ 76 NAG" by quoting "§ 62" replaced.

74. In § § 22 (10) and 24 (1) (1) (1), the word order shall be "the Asylum Court" through the phrase "the Federal Administrative Court" replaced.

75. In Section 22 (10), the quote shall be "§ 41a" by quoting "§ X BFA-VG" replaced.

76. In § 22, para. 12, the word "expulsion" through the phrase " Return decision or arrangement for non-national provision according to the 8. The main part of the FPG " replaced.

77. In § 24 para. 1 Z 1 the word order "the Asylum Court" through the phrase "the Federal Administrative Court" replaced.

78. In § 24 para. 2, the quote is "§ 26" by quoting "§ 34 (4) BFA-VG" replaced.

79. In § 25 (1) Z 2, the quote shall be "§ 43 (1)" by quoting "§ 42 (1) BFA-VG" replaced.

80. In the title of § 27, the word "expulsion procedure" through the phrase "Procedure for the discharge of a stay-ending measure" replaced.

81. In § 27 (1) the word order shall be "AusweisProcedures under this Federal Law" through the phrase "Procedure for the authorisation of a stay-ending measure" replaced.

82. In § 27 (1) Z 2 the turn shall be "Expulsion (§ 10)" through the phrase "Stay-ending measure" replaced.

83. In § 27 (2), (4), (5) and (8), the word shall be: "expulsion procedures" through the phrase "Procedure for the authorisation of a stay-ending measure" replaced.

84. In § 27 (2) and (8), the word order shall be "the expulsion procedure" through the phrase "a procedure for the dismissal of a stay-ending measure" replaced.

85. In § 27 (6) the word "expulsion procedure" through the phrase "Procedure for the discharge of a stay-ending measure" replaced.

86. In § 28 (1), after the word "Request" the phrase "on international protection" and after the turn "Residence authorisation card (§ 51)" the phrase " , provided that the asylum seeker is entitled to a right of residence " as well as following the phrase "It doesn't need to be." the phrase "Otherwise, the approval shall be documented with a procedural arrangement." inserted.

87. In § 29 para. 3 Z 4, the quote § § 4, 5 " by quoting "§ § 4 to 5" replaced.

88. In § 29 (4) and (5), the quote shall be "§ 64" by quoting "§ 49 BFA-VG" replaced.

89. In § 29, para. 4, the quote § § 64, 65 " by quoting "§ § 49, 50 BFA-VG" and the quote "§ 57 (1) Z 3" by quoting "§ 29 (1) Z 15 BFA-VG" replaced.

90. In § 29 para. 6 Z 1 the quote shall be "§ 44 (5)" by quoting "§ 44 BFA-VG" and the quote "§ 44 (2)" by quoting "§ 38 (1) (3), (4) and (5) of the BFA-VG" replaced.

91. In § 30, the quote "§ 10 (3)" by quoting "§ 61 (3) FPG" replaced.

92. In § 33 (1) Z 4, the quote shall be "(§ 39)" by quoting "(§ § 19 or 21 BFA-VG)" replaced.

93. In § 33, para. 2, after the quote "(§ 4)" the phrase "or in a secure EEA State or Switzerland (§ 4a)" inserted.

94. In Section 33 (4), the phrase "The Asylum Court" through the phrase "The Federal Administrative Court" replaced.

95. In § 33 (5), the word "expulsion" through the phrase " A stay-ending measure according to the 8. The main part of the FPG " replaced.

96. In § 34 (1) the quote is deleted "(Section 2 (1) (22))" .

97. In Section 34 (2) (1) (1) and (3) (3) (1) the citation is not "(§ 2 para. 3)" .

98. In the title of § 35, the word "Professional Representative Bodies" by the word "Representative authorities" and in § 35, the word shall be "Professional agency" by the word "Representative authority" replaced.

99. In § 51 (1), after the word order "to be allowed" the phrase "and the right of residence pursuant to section 13 (1) of this Regulation" inserted.

100. In Section 51 (2), the word shall be: "Withdrawal" by the word "Loss" replaced.

101. The 7. The main item with headline is:

" 7. Main item:

Residence permit for reasons worthy of consideration

1. Section:

Residence permit

Types and forms of residence permits

§ 54. (1) A residence permit for reasons worthy of consideration shall be granted to third-country nationals as:

1.

"Residence permit plus", which is required for a stay in the Federal territory and for the exercise of self-employed and self-employed gainful employment in accordance with Section 17 of the Foreigners Employment Act (AuslBG), BGBl. No 218/1975,

2.

"residence permit", which entitles the person to reside in the territory of the Federal Republic of Germany and to pursue a self-employed and self-employed activity, for which a corresponding entitlement under the AuslBG is a prerequisite,

3.

"residence permit of special protection" entitles the person to reside in the territory of the Federal Republic of Germany and to pursue an activity in a self-employed and self-employed capacity, for which a corresponding entitlement is required under the AuslBG (AuslBG).

(2) The residence permit referred to in paragraph 1 shall be issued for a period of twelve months, beginning with the date of issue. The residence permit referred to in paragraph 1 (1) (1) and (2) shall not be renewable.

(3) The loss and unusefulness of a residence permit, as well as changes to the identity data on which the content of a residence permit is based, must be reported to the Federal Office without delay by the third-country national. On request, the documents shall be re-issued with the original period of validity and in the original scope of authorization, if necessary with corrected identity data.

(4) The Federal Minister of the Interior shall determine the appearance and content of the residence permits referred to in paragraphs 1, Z 1 to 3, of the Regulation. The residence permits shall contain, in particular, the name, first name, date of birth, photograph, issuing authority and period of validity; they shall be considered as identity documents.

(5) The provisions of the 7. The main item does not apply to beneficiary third country nationals.

Residence permit for reasons of Art. 8 ECHR

§ 55. (1) A third-country national staying in the territory of the Federal Republic of Germany shall, on its own account or on the basis of a reasoned request, be granted a "residence permit plus" if:

1.

this is required in accordance with § 9 paragraph 2 BFA-VG for the maintenance of private and family life within the meaning of Article 8 of the ECHR and

2.

the third-country national has fulfilled Module 1 of the Integration Agreement in accordance with Section 14a NAG or, at the time of the decision, pursues a permitted gainful employment with the income of which the monthly de minimis limit (Section 5 (2) General Social Security Act (ASVG), BGBl. I n ° 189/1955).

(2) If only the condition of paragraph 1 (1) (1) is required, a "residence permit" shall be granted.

Residence permits in cases which are particularly worthy of consideration

§ 56. (1) Third-country nationals residing in the territory of the Federal Republic of Germany may, in particular cases worthy of consideration, on a reasoned request, even if he is in proceedings before the Federal Office of the Federal Office of the Federal Office of the Federal Office for the purposes of obtaining a residence permit. "residence permit plus" shall be issued if the third-country national, in any case,

1.

at the time of application, it has been shown that it has been consistently in the territory of the Federal Republic for five years,

2.

of which at least half, but in any case three years, of his established continuous stay in the territory of the Federal Republic of Germany has been legally resident, and

3.

Module 1 of the integration agreement according to § 14a NAG has fulfilled or has at the time of decision a permitted gainful employment with whose income the monthly de minimis limit (§ 5 para. 2 ASVG) is reached.

(2) Only the requirements of paragraph 1 (1) (1) and (2) shall be granted for the purpose of granting "residence permit".

(3) The Authority shall take into account the degree of integration of the third-country national, in particular the self-preservation capacity, education and vocational training, employment and knowledge of the German language. The proof of one or more requirements of § 60 sec. 2 Z 1 to 3 can also be provided by submitting a single declaration of sponsorship (§ 2 para. 1 Z 26). If more than one person is present in a declaration, then each of them shall be liable for the full liability amount for the undivided hand.

"Residence permit of special protection"

§ 57. (1) Third country nationals residing in the territory of the Federal Republic of Germany shall, on their own account or on a reasoned request, issue a "special protection residence permit":

1.

if the residence of the third-country national in the territory of the Federal Republic of Germany pursuant to Section 46a (1) (1) or (1a) (1a) of the FPG has been tolerated for at least one year and the conditions for such a stay are still available, unless the third-country national poses a threat to the general public or security of the Republic of Austria or has been finally convicted by a national court for a crime (§ 17 StGB). A conviction by a national court shall be held to be equivalent to a conviction by a foreign court, which corresponds to the conditions laid down in § 73 StGB (German Civil Code),

2.

in order to ensure the prosecution of criminal acts or for the enforcement and enforcement of civil claims in connection with such criminal acts, in particular witnesses or victims of trafficking in human beings or cross-border prostitution, or

3.

if the third-country national who is not legally resident or not established in the territory of the Federal Republic of Germany has been the victim of violence, an inconscient disposition according to § § 382b or 382e EO, RGBl. No 79/1896, adopted or could have been adopted and the third-country national credited with the need to grant 'special protection' for protection against further violence.

(2) With regard to the existence of the conditions set out in paragraphs 1 and 2 and 3, the Federal Office shall obtain a reasoned opinion from the competent State Police Directorate prior to the granting of the "Residence permit of special protection". Until such an opinion has been received by the Authority, the expiry of the time limits laid down in paragraph 3 and section 73 of the AVG shall be hammered out.

(3) An application pursuant to Section 1 (2) (2) shall be rejected as inadmissible if a criminal procedure has not been initiated or civil claims have not been invoked. The Authority shall take a decision on the application within six weeks.

(4) A request pursuant to Section 1 (3) (3) shall be rejected as inadmissible if an inconstic disposition pursuant to § § 382b or 382e EO is not available or could not have been issued.

Section 2:

Procedure for the issue of residence permits

Application and the most amusing procedure

§ 58. (1) The Federal Office shall examine the issue of a residence permit in accordance with § 57 of its own motion if:

1.

the application for international protection is rejected in accordance with § § 4 or 4a,

2.

the application for international protection in respect of the granting of the status of the right of asylum and the granting of the status of the subsidiary entitled to protection shall be dismissed,

3.

a stranger to the status of the asylum seeker, without the status of subsidiary protection being granted,

4.

a stranger is the status of a subsidiary entitled to protection; or

5.

a stranger is not legally resident in the federal territory and does not fall within the scope of the 6. The main part of the FPG is falling.

(2) The Federal Office shall issue a residence permit pursuant to section 55 of its own motion if a return decision has been declared inadmissible on the basis of Section 9 (1) to (3) of the BFA-VG for the duration of the decision. § 73 AVG applies.

(3) The Federal Office of the Federal Republic of Germany has to cancel the examination of the issue of a residence permit in accordance with § § 55 and 57 of the Federal Office of the European Union in the final decision of the proceedings.

(4) The Federal Office has to follow the residence permit issued by the Office pursuant to § § 55 or 57, if the point of interest (paragraph 5) of the German Federal Office for Foreign Affairs 3) in the final decision of the procedure is in legal force. Paragraph 11 applies.

(5) Applications for a residence permit in accordance with § § 55 to 57 as well as for the extension of a residence permit pursuant to § 57 are to be submitted to the Federal Office in person. In so far as the applicant is not able to act himself, his/her legal representative shall be required to submit the application.

(6) In the application, the desired residence permit according to § § 55 to 57 is to be described in detail. If, on the basis of the application or in the investigation procedure, the third-country national needs a different residence permit for his intended purpose of residence, he shall be lecturing on this circumstance; Section 13 (3) of the AVG shall apply.

(7) If an application for the granting of a residence permit is granted in accordance with § § 55, 56 or 57, the foreign holder of the residence permit shall be the subject of an application. Paragraph 11 applies.

(8) If an application for a residence permit is rejected or rejected in accordance with § § 55, 56 or 57, the Federal Office of the Federal Republic of Germany has to cancel the application in the final decision of the proceedings.

(9) An application for a residence permit pursuant to this main item shall be rejected as inadmissible if the third-country national

1.

is in a procedure according to the NAG,

2.

already has a right of residence under this federal law or the NAG, or

3.

, according to § 95 FPG, has a photo identification card for holders of privileges and immunities, or is entitled to pursue a temporary employment pursuant to § 24 FPG

insofar as this federal law does not determine otherwise. This also applies in the case of simultaneous setting of several applications.

(10) Applications in accordance with § 55 shall be rejected as inadmissible if a return decision has been passed against the applicant in a legally binding manner and from the substantiated application for the consideration of private and family life , according to Article 9 (2) of the BFA-VG, an amended situation which requires a supplementary or new consideration in accordance with Article 8 of the ECHR does not emerge. Applications in accordance with § § 56 and 57, which follow an application (subsequent application) or a final decision which has already been finalised, are to be rejected as inadmissible if a significant change from the reasoned application has been made. This is not the case.

(11) If the third-country national does not comply with his general duty of obligation to carry out his duties, in particular with regard to the identification and verification of data for the identification of the data, the third-country national shall not be required to:

1.

the procedure for the conclusion of the residence permit to be issued by the Office (par. 4) without further adjustment or

2.

to reject the application for a residence permit.

The third country national must be lecturing on this circumstance.

(12) A residence permit may be issued to third-country nationals who are the subject of the 14. They have been completed in person, only to be followed in person. Residence permits for unenduring minors may only be issued to their legal representatives. On the occasion of compliance, the third-country national has been shown to have the temporary validity, the inadmissibility of a change of purpose, the non-extensibility of the residence permits in accordance with § § 55 and 56 and the subsequent possibility of a To obtain residence permits according to the NAG.

(13) Applications for a residence permit in accordance with § § 55 to 57 shall not give rise to a residence or a right of residence. Applications for a residence permit in accordance with § § 55 and 57 do not preclude the granting and implementation of measures to terminate the residence permit. They can therefore be used in procedures after the 7. and 8. The main part of the FPG does not have a suspensive effect. However, in the case of applications for a residence permit in accordance with § 56, the Federal Office shall, pending a final decision on this application, have to wait for the removal of the deportation order to be implemented by a return decision, if:

1.

a procedure for the authorisation of a return decision has not been initiated until after an application has been submitted in accordance with Section 56; and

2.

the granting of a residence permit in accordance with § 56 is probable, for which the requirements of § 56 (1) Z 1, 2 and 3 are to be met in any case.

Extension procedure of residence permit "Residence permit special protection"

§ 59. (1) Applications for the renewal of a residence permit in accordance with § 57 shall be submitted to the Federal Office before the expiry of the period of validity of the residence permit, but not earlier than three months before that date. Thereafter, applications shall be considered as initial applications. Without prejudice to the provisions of the FPG, the applicant shall continue to be legally resident in the territory of the Federal Republic of Germany until a final decision on the application has been filed. On a timely request, the third-country national may, on the basis of a reasoned request, be provided with a one-off confirmation in the travel document, which shall not be valid for a period of validity of three months. This confirmation entitles you to visa-free entry into the Federal Republic. The Federal Minister of the Interior is authorized to regulate the form and content of the confirmation by regulation.

(2) The period of validity of an extended residence permit shall begin with the day following the last day of the last residence permit, if no more than six months have passed since. The lawful residence in the territory of the Federal Republic in the period between the expiry of the last residence permit and the beginning of the period of validity of the extended residence permit shall be issued at the same time as it is issued by the Office for free of charge. to determine.

(3) Applications submitted after the expiry of the period of validity of the residence permit shall be deemed to be extended applications only if:

1.

the applicant, at the same time as the application, makes it credible that he was prevented from having an unforeseen or unwavable event in time to submit the request for renewal, and that he would not be guilty of any fault or only a lesser degree of vision. meets, and

2.

the application shall be submitted within two weeks of the removal of the obstacle; Section 71 (5) of the AVG shall apply.

The period between the expiry of the term of validity of the last residence permit and the position of the application fulfilling the conditions of Z 1 and 2 shall be deemed to be a legitimate and uninterrupted period in accordance with the residence permit so far held. Stay.

(4) The Federal Office shall inform the locally competent authority immediately after the NAG that:

1.

the condition of § 57 is still available;

2.

the applicant has complied with Module 1 of the Integration Agreement according to § 14a NAG, and

3.

the conditions laid down in § 60 (2) (1) to (4) are fulfilled.

If the requirements of Z 2 or Z 3 are not met, the Federal Office shall issue the residence permit in accordance with § 57. The decision shall be taken immediately, but at the latest within 4 months from the date of submission of the application.

General eligibility requirements

§ 60. (1) A residence permit shall not be issued to a third-country national if:

1.

there is an upright return decision against him in accordance with § § 52 iVm 53 (2) or 3 FPG, or

2.

is subject to a return decision by another EEA State or Switzerland.

(2) The residence permit referred to in § 56 may only be granted to a third-country national if:

1.

the third-country national has a legal right to accommodation, which is considered to be a family comparable to a family comparable to that of a family,

2.

the third-country national has a health insurance cover covering all risks, and this insurance in Austria is also subject to benefits,

3.

the residence of the third-country national could not lead to any financial burden on a local authority (Article 11 (5) NAG), and

4.

the granting of a residence permit does not significantly impede the relations of the Republic of Austria with another State or any other subject of international law.

(3) A residence permit shall be issued to a third-country national only if the residence of the third-country national does not conflict with public interests. The residence of a third-country national shall be contrary to the public interest where:

1.

which has a close relationship to an extremist or terrorist group and does not, in view of its existing structures or any developments in its environment, do not have extremist or terrorist activities. can be excluded, or

2.

in the case of § § 56 and 57, the stay of which would endanger public order or security.

Invalidity, impunity and deprivation

§ 61. (1) A residence permit shall become invalid if a decision to terminate the residence is enforceable or becomes legally binding against third-country nationals. This means that the loss of the right of residence is in place. A residence permit lives up to the law, provided that within its original period of validity the decision to terminate the residence is subsequently remedied in the legal way.

(2) The residence permit shall be subject to the following conditions:

1.

a residence permit or documentation is issued to the third-country national in accordance with the NAG,

2.

the third-country national becomes Austrian, EEA citizen or Swiss citizen, or

3.

the third-country national is subsequently granted the status of the applicant for asylum or of the subsidiary entitled to protection in the legal way.

(3) Invalid or non-object documents shall be delivered to the Federal Office. Any authority conducting an official act in accordance with a federal law and bodies of the public security service are empowered to collect documents to be delivered; authorities in accordance with the NAG and citizenship authorities shall be obliged to do so. Documents drawn up shall be submitted to the Federal Office without delay.

(4) Third-country nationals who are in possession of a residence permit may be withdrawn if they have a legally enforceable, enforceable return decision of another EEA State with an acute risk to the public security and order, or national security, and the return decision

1.

is based on the criminal conviction of an intentional crime threatened with at least one year's imprisonment;

2.

, because there is a reasonable suspicion that the third-country national has committed offences in accordance with Z 1 or that there are concrete indications that he was planning such offences in the territory of an EEA State, or

3.

, because the third-country national has failed to comply with the entry and residence provisions of the issuing State.

(5) The withdrawal of the residence permit referred to in paragraph 4 shall be inadmissible if, by means of the execution of the return decision, Articles 2 and 3 of the ECHR, Protocol No 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms on the abolition of the right to repatriation the death penalty, BGBl. No 138/1985, or Protocol No 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms, on the complete abolition of the death penalty, BGBl. III. No 22/2005, would be infringed.

(6) The withdrawal shall be admissible only if it is urgently required to achieve the objectives set out in Article 8 (2) of the ECHR.

Section 3:

Right of residence for displaced persons

Right of residence for displaced persons

§ 62. (1) The Federal Government, in agreement with the Main Committee of the National Council, may, in agreement with the Main Committee of the National Council, be directly affected by this Regulation for periods of armed conflict or other circumstances which endanger the safety of whole populations. Groups of strangers who otherwise do not find protection (displaced persons) grant a temporary residence permit in the federal territory. Until the entry into force of this Regulation, the stay of displaced persons in the territory of the Federal Republic of Germany is tolerated. This is to be confirmed to the stranger by the authority.

(2) In the Regulation referred to in paragraph 1, the entry and duration of the residence of the strangers shall be settled in the light of the circumstances of the particular case.

(3) If a permanent integration is required as a result of the longer duration of the circumstances referred to in paragraph 1, it may be specified in the Regulation that certain categories of residents may apply for a residence permit. can be effectively placed domestily and that the residence permit can be issued to them in spite of the fact that a reason for failure has been found.

(4) The right of residence granted by the Regulation shall be confirmed by the authority in the travel document of the foreign person. If he does not have a travel document, he is to issue an identity card for his or her ex-officals.

(5) The identity card is to be designated as a "passport for displaced persons", can be extended and is sufficient for the fulfilment of the passport obligation. The Federal Minister of the Interior shall lay down, by means of a regulation, the form and content of the card, as well as the confirmations referred to in paragraphs 1 and 4. "

102. The previous heading of the 8. Main item and the heading of the 1st, 2nd and 3. Section of the previous 8. The main item will be deleted and the following new heading of the 8. Main piece inserted in accordance with § 62:

" 8. Main item:

United Nations High Commissioner for Refugees, Return and Integration Aid "

103. In Section 63 (2) (2), the word order shall be "The imposition of a return ban" through the phrase "Order for the Non-National Application" replaced.

104. Section 63 (4) shall be followed by the following: "for refugees" the phrase 'in order to carry out his duties within the framework of his mandate' inserted.

105. In Section 67 (1), the word shall be: "Procedure" by the word "Asylum procedure" replaced.

106. In Section 67 (2), the quote shall be: "§ 64" by quoting "§ 49 BFA-VG" replaced.

107. Section 72 Z 2 reads as follows:

" 2.

with regard to Section 75 (7) and (16) of the Federal Chancellors,

108. Section 72 Z 5 reads as follows:

" 5.

with regard to Section 35 (1) of the Federal Minister for European and International Affairs, "

109. In § 72 Z 7, lit. a the word "and" is replaced by one point, and there is no lit. b.

110. Section 73 shall be added after paragraph 10 of the following paragraph 11:

" (11) § § 1 Z 2 to 4, 2 para. 1 Z 6, 20 to 20c and 25 to 27, § 3 para. 1 and 2, 4 para. 1, 2, 4 and 5, § 4a including the title, 5 para. 1 and 3, 7 para. 3, 8 para. 4 and 6, 10 including the title, 12 para. 1 to 3, § § 12a, 13, 14, 15 para. 1 Z 4, 5 and 7 and 2 and 3 Z 11 as well as (3a), 15a (2), the title of the 4. Main piece, the headline of the 1. Section of the 4. Main piece, § § 17 (1) to (3) and 6 to 8, 18 (1), 19 (2), (5) and (6), 20 (2), (21), 22 (6) to (8), (10) and (12), § 24 (1) (1) and (2), (3) and (4) (2), (2), (2) and (2), (2) and (2), (1) and (2), (1) and (2), 29 (1), (3) to ( 6, 1 and 6, § § 30, 31 (1), 32 (4), 33 (1) and (4) and (2) to (5), 34 (1), (2) (1) and (3) (1) and (5), § § 35, including the title, 51 (1) and (2), 52 (1), 53 (1) and (2), the title of the 7. Main piece, the headline of the 1. Section of the 7. Main piece, § § 54 to 57 with headlines, the title of the second section of the 7. Main piece, § § 58 to 61 with headlines, the title of the 3. Section of the 7. Main piece, § 62 with headline, the headline of the 8. Main piece, § § 63 (2) (2) and (4), 67 (1) and (2) and 72 (2), (5) and (7), as well as the table of contents in the version of the Federal Law BGBl. I No 87/2012 will be 1. Jänner 2014 in force. § § 15 (1) Z 3 and 6, 16 including heading, 18 para. 2, 20 para. 3, 22 para. 1 to 5, 9, 11 and 13, § § 23 with title, 26 with title, 27 para. 7, the title of the 5. and 6. Section of the 4. Main piece, § § 36 to 42 with headlines, the title of the 5. Main piece, § § 43 to 49 including headlines and 64 to 66a including headlines as well as § 72 Z 1 and 6 in the version prior to the Federal Law BGBl. I No 87/2012 will expire on 31 December 2013. '

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 50/2012, shall be amended as follows:

1. In the table of contents are the entries for § § 3 and 4:

" § 3.

Authorities and bodies of the public security service

§ 4.

Community Watchmaking Bodies "

2. In the table of contents are the entries for § § 9 and 10:

" § 9.

Complaints

§ 10.

Revision "

3. In the table of contents, the entry to the second section of the 2. Main item:

" 2. Section: Special procedural rules for the 3. to 6. and the 12. to 15. Main piece "

4. In the table of contents the entry is to § 11:

" § 11.

Proceedings before the Austrian representative authorities in visa matters "

5. In the table of contents the entry is to § 12:

" § 12.

Special provisions for minors in respect of the 3. to 6. and 12. to 15. Main piece "

6. The following entries are inserted in the table of contents after the entry to § 15:

" § 15a.

EEA citizens and Swiss citizens

§ 15b.

Beneficiary third-country nationals "

7. The following entries shall be inserted in the table of contents after the entry to § 27:

" 3a. Section: Special Bewilligungen "

§ 27a.

Re-entry during the period of validity of a travel ban or a stay ban

§ 27b.

Special authorisation after refoulement, deportation and expulsion "

8. In the table of contents, the entry is 5. Main item:

" 5. Main item: Powers of the institutions of the Civil Security Service for Foreign Police and Rejection "

9. In the table of contents the entry is to § 39:

" § 39.

Arrest and holding "

10. In the table of contents there is no entry to the 6. the main item and is inserted after the entry to § 40 of the following entry:

" 6. Main item: refoulement, transit securing, return and transit "

11. The following entries are inserted in the table of contents after the entry to § 45:

" § 45a.

Prohibition of refoulement and deportation

§ 45b.

Passing through

§ 45c.

Pass-through Agreement "

12. In the table of contents the entries for § § 48 and 49 are deleted.

13. In the table of contents there is no entry to the 7. Main piece and after the entry to § 45c the following entry is inserted:

" 7. Main item: Deportation and Duldung "

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

§ 50.

Prohibition of deportation "

15. In the table of contents, the entry is 8. Main item:

" 8. Main item: Residence-end measures against foreigners "

16. In the table of contents, the entry is 1. Section of the 8. Main item:

" 1. Section: Measures to be taken against third-country nationals "

17. In the table of contents there is no entry to § 54.

18. In the table of contents there is no entry to § 55a.

19. In the table of contents there is no entry to § 57.

20. In the table of contents there is no entry to the second section of the 8. Main piece.

21. In the table of contents the entry is to § 61:

" § 61.

Arrangement for non-national provision "

22. In the table of contents, the entry for the 3. Section of the 8. Main piece and the entries to § § 62 to 64.

23. In the table of contents, the entry is 4. Section of the 8. Main item:

" 4. Section: Measures to end the residence of EEA citizens, Swiss citizens and beneficiaries of third-country nationals who are entitled to stay in the European Union.

24. In the table of contents the entries for § § 65, 65a and 65b.

25. In the table of contents there is no entry to § 68.

26. In the table of contents there is no entry to the 6. Section of the 8. Main piece.

27. In the table of contents the entries for § § 72 and 73 are deleted.

28. In the table of contents there is no entry to the 7. Section of the 8. Main piece and the entries for § § 74 and 75.

29. In the table of contents the entry is to § 81:

" § 81.

Repeal of the Detention Period and the Yellowish Remedy "

30. In the table of contents there is no entry to the 9. The main piece and the entries to § § 82 and 83.

31. In the table of contents, the entry for the 10. Main piece and the entries to § § 84 to 86.

32. In the table of contents there is no entry to § 101.

33. In the table of contents the entry is to § 102:

" § 102.

Transfer of personal data "

34. In the table of contents there is no entry to § 103.

35. The entry in the table of contents is § 110:

" § 110.

Obligation to understand the Federal Office and the establishment and residence authorities "

36. § 1 (1) reads:

" (1) This federal law governs the exercise of the foreign police, the refusal, the release of measures to be taken, the deportation, the culpation, the execution of the return decisions of the EEA States and the issuance of Documents for strangers. "

37. § 1 (2) reads:

" (2) On asylum seekers (§ 2 paragraph 1 Z 14 of the Asylum Act 2005 (Asylum G 2005), BGBl. I n ° 100) are not to be applied to § § 27a, 41 to 43 and 76 (1). In addition, § § 39 and 76 shall not apply to foreign persons who have been granted the status of the person entitled to asylum or of the subsidiary entitled to protection. "

38. In § 1 para. 3, the quote becomes § § 39 (2) (2) (2) " by quoting "§ § 39 (3)" replaced.

39. In § 2 para. 1, the quote shall be "(§ 72)" by quoting "(§ 27a)" and the quote "(§ 73)" by quoting "(§ 27b)" replaced.

40. § 2 para. 2 reads:

" (2) Foreign police are

1.

the issuing of entry titles,

2.

the prevention of the illegal entry of aliens,

3.

the monitoring of the residence of strangers in the federal territory,

4.

the issuance of certificates of safety,

5.

the deportation and the transit of strangers; and

6.

the prevention and termination of criminal acts in accordance with this federal law. "

41. In § 2 (4), Z 13 is deleted.

§ 3 together with the headline is:

" Authorities and bodies of the Civil Security Service

§ 3. (1) Within the framework of the 3. to 6. and 12. to 15. The main section of this federal law is the bodies of the Public Security Service for the State Police Directorates as the authorities of the first instance acting on their behalf or on their own.

(2) Within the framework of the 7th, 8th and 11. The main body of this federal law is the bodies of the public security service for the Federal Office of Foreign Affairs and Asylum (Bundesamt) acting as the authority of the first instance on its mission or on its own.

(3) It is the responsibility of the security authority to participate in proceedings in accordance with this Federal Act and its enforcement by means of its official doctors, in whose sprengeling the stranger keeps up. Section 7 (4) Security Policy Act-SPG, BGBl. No 566/1991.

(4) In cases where the locally competent State Police Directorate is unable to take the necessary measures in good time, the bodies set aside or under the authority of the public security service shall be authorised to do so outside the framework of the authority of the authority responsible for: they have been given or subjected to acts of office after the 3. to 6. and 12. to 15. Lead the main piece. These shall be deemed to be the official acts of the locally competent State Police Directorate; the issuing institution shall immediately notify this authority of the official act.

(5) Institutions of the Civil Security Service, which shall be responsible for the performance of tasks after the 3. to 6. and 12. to 15. The main part of the territory of the Federal State of their authority shall be considered to be the institution of the competent authority in the course of such acts; they shall inform them without delay of their intervention and shall be informed of their instructions and of the competent authority. Orders bound. "

43. § 4 together with the headline is:

" Community Wax Body

§ 4. At the request of a congregation, the members of their community guard can be placed under the authority of the police director of the State Police Department for the purpose of concerned with the local police. They intervene in the execution of these tasks for the State Police Directorate and may exercise the powers after the 3. to 6. and 12. to 15. Serve the main part of this federal law. At the request of the congregation or in the event of non-performance of the tasks assigned to the congregation body, the subposition shall be repealed by regulation of the State Police Director. "

44. In § 5 (1), (2), (3) and (6), the word order shall be "Tourist Office of the First Instance" through the phrase "State Police Directorates" replaced.

45. In § 5 (1), the Z 2 is deleted.

(46) In § 5, the following paragraph 1a is inserted:

" (1a) The Federal Office is responsible for

1.

the arrangement of deportation, the determination of the Duldung and the enforcement of decisions taken by the EEA States in accordance with the provisions of the 7. Main item,

2.

the dismissal of measures to be taken in accordance with the 8. Main item and

3.

the exhibition of Austrian documents for strangers according to the 11. Main piece.

47. In the sections § 5 (3), 14 (1), 105 (2), the word order shall be "Tourist Office of the First Instance" through the phrase "State Police Directorate" replaced.

48. In § 5 (3) the word "Authorities" by the word "State Police Directorates" replaced.

49. In Section 5 (5), the phrase "as the Tourism Authorities of the First Instance" through the phrase "Authorities as the State Police Directorates" replaced.

50. In § 6 (1), after the word order "domestic" the following phrase " for the 3. to 6. and 12. to 15. The main part of this federal law " inserted.

51. In § 6, the following paragraph 1a is inserted:

" (1a) domestic authority after the 7th, 8th and 11. The main piece is the Federal Office with federal responsibility. "

52. In Section 6 (2), the phrase "this federal law" through the phrase " the 3. to 6. and 12. to 15. The main part of this federal law " replaced.

53. In § 6 (4), the word order is deleted "as well as for deportation other than the cases of paragraph 4a" .

54. In § 6, paragraphs 4a and 5 are deleted.

55. In § 6 (6) the word "Tourist Office" by the word "State Police Directorate" replaced.

56. In § 6 para. 8, the quote shall be "§ 74 (3)" by quoting "§ 45b (3)" replaced.

57. In § 7 Z 2, the quote "(§ 72)" by quoting "(§ 27a)" replaced.

58. In Section 8 (1), the phrase "this federal law" through the phrase " the third section of the 4. Main piece of this federal law " and the word "Professional agency" by the word "Representative authority" replaced.

59. § § 9 and 10 together with headings are:

" Complaints

§ 9. (1) The administrative courts of the Länder shall decide on complaints against decisions of the State Police Directorates.

(2) The Federal Administrative Court shall decide on complaints against decisions of the Federal Office.

(3) The Federal Administrative Court shall decide on complaints against decisions of the representative authorities.

(4) If the appellant is not entitled to enter Austria, oral proceedings by the Federal Administrative Court can be maintained if the facts are finally established.

Revision

§ 10. Against the findings of the administrative courts of the Länder on complaints against decisions of the regional police directorates, the Federal Minister of the Interior has the right to appeal to the Administrative Court after the recognition of the recognition of the National Police Directorates Revision to be raised. "

60. In the title of the 2nd section of the 2nd main piece, after the word "Rules of Procedure" the phrase " for the 3. to 6. and the 12. to 15. Main piece " .

61. The title of § 11 reads:

"Proceedings before the Austrian representative authorities in visa matters"

62. In Section 11 (4), the word "Appellate Authority" by the word "appeal instance" replaced.

63. In the title of § 12, after the word "Minors" the phrase " for the 3. to 6. and the 12. to 15. Main piece " .

64. § 12 (1) and (2) are:

" (1) For the entry of the ability to act according to the 3. to 6. and 12. to 15. The main item shall be governed by Austrian law, irrespective of the nationality of the foreign person, unless otherwise specified.

(2) Minor stranger, who is the 16. They are completed in accordance with the 3rd year of life. Section of the 4. Main item capable of action. "

65. In Section 12 (3), the phrase "Underage Foreign" by the word "Foreign" and the turn " 16. Life Year " through the turn " 18. Life Year " is replaced by the last sentence.

66. In § § 12 (4) and (12a), the word order shall be "this federal law" through the phrase " the 3. to 6. and 12. to 15. Main piece " replaced.

67. § § 12 (4), 12a, 39 (6), 45 (2), 100 (2) and 113 (6) respectively, the phrase "the Authority" through the phrase "the State Police Directorate" replaced.

68. In the title of the 3. The main piece will be after the word "Foreign Police" the phrase "as well as the rejection" .

§ § 13 (1) and (3), 32 (3), 79 (4), 98 (1) and (2), (1) and (4), (1) and (4), (1) and (4), (104) (1) and (4) (1) and (105) (1) "Tourist Office" by the word "State Police Directorates" replaced.

70. In Section 13 (1), the phrase "in this federal law" through the phrase " after the 3. to 6. and 12. to 15. Main piece " replaced.

71. In Section 13 (3), the phrase "from this federal law" through the phrase " after the 3. up to 6 and 12. to 15. Main piece " replaced.

72. In Section 14 (1), the phrase "this federal law" through the phrase " the 3. to 6. The main piece or the 12. to 15. Main piece " replaced.

73. In § 14, paragraph 2 is deleted.

74. In § 15 (1) the word "need" by the word "need" and the phrase "and departure from the federal territory" through the phrase "Federal territory and departure from this" replaced.

75. In § § 15 (4) (4) and (31) (1a) (2), the citation shall be "(§ 48 (1))" by quoting "(§ 45b (1))" replaced.

76. In § § 18 (1) Z 1, 19 with the title and 39 para. 2 Z 3, the word shall be given in each case "Declaration of acceptance" by the word "Takeover Declaration" replaced.

77. In § 18 (1) Z 2, after the phrase "Law on the establishment of a law of establishment and residence" the phrase "or Asylum G 2005" inserted.

78. In § 18 (1) Z 3, the quote shall be "(§ 48)" by quoting "(§ 45b)" replaced.

79. In § 21 (7) (1) (1), after the word "Foreign" the phrase "a final return decision or" inserted.

80. In § § 24 (4) and 120 (2) (2) (2), the word shall be given in each case "Bundesasylamt" by the word "Federal Office" replaced.

81. In § 25 (7), the quote "(§ 99 (1) (6))" by quoting "(§ 99 (1) (7) and (4))" replaced.

82. In Section 26 (2), the phrase "the Tourism Authority" through the phrase "the State Police Directorate" replaced.

83. In § 27 (1), after the word "Foreign" the phrase "a return decision," inserted.

§ 27 (3), 38 (3), 78 (6), (7) and (8), 79 (1), 105 (1), (4), (5) and (10), (106), (107) (1) and (2), 109, 110 and 113 (3), respectively, shall be the subject of the following: "Tourist Office" by the word "State Police Directorate" replaced.

85. According to § 27, the title of the 3a. Section of the 3. Main piece inserted:

" 3a. Section:

Special Bewilligations "

§ 27a (3) (new), 56 (2) (2) (2) (2) (2) (2) (2) (2) (2) (2) and (77) (3) (2), respectively, "at a police command" through the phrase "at a service of a state police directorate" replaced.

87. In Section 27b (1), the quote shall be § § 65 and 65a " by quoting "§ § 15a and 15b" replaced.

88. In Section 27b (2), the quote shall be: "§ 72 (3), 5 and 6" by quoting "§ 27a (3), (5) and (6)" replaced.

89. In § 30, paragraph 4 is deleted.

90. In § 31 (1) (1) (1), after the phrase "the entry title" the phrase "or the visa-free stay" inserted.

91. In Section 31, Section 1, Z 4, the word order shall be "Asyllegal Provisions" through the turn "The Asylum G 2005" replaced.

92. In § 31 (1a) Z 4, the quote shall be § § 55 or 55a " by quoting "§ 55" replaced.

93. In Section 31 (3) (1), the word order shall be "an upright residence ban in accordance with § 60" through the phrase "an upright return decision pursuant to § 52" replaced.

94. In § 31 (3), Z 3 is deleted.

(95) In § 31, the following paragraph 4 is added:

" (4) Children who do not have Austrian citizenship are legally resident in the territory of the Federal Republic of Germany during the first six months of their life, provided that the mother or any other person, who is responsible for the care and upbringing of the child, is legally resident in the territory of the Federal Republic of Germany. is established in the territory of the Federal Republic of Germany, as long as the person concerned remains legally established, in the case of derivation from the father, moreover, only if he or she has the right to care and education alone. In addition, such children are legally resident during the first six months of life, if and as long as the care and upbringing of such children is given to an Austrian citizen with a main residence in the federal territory alone. "

96. In Section 32 (1), the phrase "the authorities" through the phrase "the State Police Directorates" replaced.

97. In § 32 (2), Z 1 is deleted.

98. In § 32 (4), after the word order "Law on the establishment of a law of establishment and residence" the following phrase ", a residence permit after the asylum seeker 2005" inserted.

99. In the title of the 5. The main piece will be after the word "Security Service" the phrase "for foreign police and refoulement" .

100. In Section 34 (1), Z 2 and 3 are deleted.

101. Section 36 (1) shall not apply to Z 1.

102. In § § 37 (1) Z 1 and 99 (1) Z 2, the phrase "according to this federal law" through the turn "pursuant to § 39" replaced.

103. In Section 37 (1) Z 2 the turn-of-the-turn "Deportation," .

104. In section 38 (1) and (3), the turn-over "Deportation," as well as the phrase "or the asylum seeker 2005" .

105. In section 38 (1) and (3), the word order shall be "according to this federal law" through the phrase " after the 3. to 6. and 12. to 15. Main piece " replaced.

106. Section 38 shall not apply to paragraph 2.

107. The heading of § 39 reads as follows:

"Arrest and holding"

108. In Section 39 (1), the word order shall be "arrest authority" through the phrase "arrest state police directorate and stop for up to 24 hours" replaced.

109. Section 39 (2) shall be referred to after the word "arrest" the following phrase "and stay up to 48 hours" as well as the Z 1 and 2.

110. Section 39 (3) reads as follows:

" (3) The institutions of the public security service are authorized to provide a foreign for the purpose of the national police directorate to be arrested and to be held for up to 24 hours if

1.

is not lawfully entered into the federal territory and will be entered within seven days,

2.

had to be withdrawn from the Republic of Austria on the basis of a readmission agreement within seven days of entry into the Federal Republic of Austria,

3.

within seven days after his visa-free or visa-free stay in the federal territory is no longer lawful, or

4.

during an exit process in the event of a non-lawful stay in the territory of the Federal Republic of Germany. "

111. Section 39 (4) will quote the " 1 Z 1, para. 2 Z 2 and para. 3 " by quoting " 1 or 3 " replaced.

112. Section 39 (5) reads as follows:

" (5) The competent State Police Directorate shall be notified of the arrest without any unnecessary delay. The holding of a stranger is permissible in the cases of paragraph 3 up to 48 hours if this is ordered by the State Police Directorate for the protection of the deportation. The arrested stranger shall be confirmed in writing of his request for his arrest. "

113. In § 39, the following paragraph 5a is inserted:

" (5a) If a repatriation in accordance with § 45 cannot be concluded during a holding pursuant to paragraph 5 and is based on reasons not to be represented by the State Police Directorate, a holding up to a maximum of 120 hours is only possible. allowed, if the State Police Directorate so to secure the return with mandate notice (§ 57 AVG) "

114. In § 39 paragraph 6 the quote becomes "§ 74 (3)" by quoting "§ 45b (3)" and the phrase "the Drawling" through the phrase "this in order to secure the transit" replaced and after the word "Deprivation Of Liberty" the phrase "up to 48 hours" inserted.

115. In § § 39 (6), 45 (1), 45b (1) new and 113 (1) new and 113 (1), the term of the word shall be "the Authority" through the phrase "the State Police Directorate" replaced.

116. The previous heading of the 6. The main item is deleted and the following new heading of the 6. Main item inserted in accordance with § 40:

" 6. Main item:

Refoulement, transit securing, deportation and transit "

117. In Section 41 (2) (2), the word order shall be "no authorisation for re-entry (§ 72)" through the phrase "no visa for re-entry (§ 27a)" replaced.

118. In sections 41 (3), 43 (3) and 45 (3) and 45 (3), the term of the word shall be "the independent administrative senate" through the phrase "the administrative court of the country" replaced.

119. In Section 43 (1) (3), the following shall be referred to: "Flight transitvisum" 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 " inserted.

120. In § 44, the word shall be: "Authority" by the word "State Police Directorate" replaced.

121. In Section 45 (1), the word in Z 2 is deleted "or" and becomes in Z 3 the point by the turn " , or " and the following Z 4 are added:

" 4.

during an exit process in the event of a non-lawful stay in the territory of the Federal Republic of Germany. "

122. In accordance with Article 45 (3), the following paragraph 4 is added:

"(4) The Federal Office shall be informed without delay of the repatriation of a stranger as not possible."

123. In accordance with § 45, the following § 45a and heading is inserted:

" Prohibition of rejection and repatriation (prohibition of refoulement)

§ 45a. (1) The suspension of entry, rejection or repatriation of foreign nationals to a State is inadmissible if this is the case when Art. 2 or 3 of the European Convention on Human Rights (ECHR), BGBl. No 210/1958, or Protocol No 6 or No 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms, on the abolition of the death penalty, or a serious threat to life or to life for them as a civil person, Insecurity would be linked to indiscriminate violence in the context of an international or national conflict.

(2) The refusal or repatriation of strangers to a State or the removal of entry from a State shall be inadmissible if there are valid grounds for believing that their life or their freedom on the grounds of their race, their freedom, and their freedom, are Religion, nationality, membership of a particular social group or its political views would be threatened (Art. 33 Z 1 of the Convention on the Legal Status of Refugees, BGBl. N ° 55/1955, as amended by the Protocol on the Status of Refugees, BGBl. No 78/1974), unless there is an alternative domestic escape alternative (§ 11 Asylum G 2005).

(3) The refusal or repatriation to a State shall be inadmissible for as long as the recommendation of a provisional measure by the European Court of Human Rights is contrary.

(4) The refusal or deportation of strangers whose application for international protection has been rejected in accordance with the Asylum Act 2005 on the grounds of Austria's lack of jurisdiction shall be deemed not to be possible in the third country, the To inform the Federal Office immediately.

(5) Strangers who rely on one of the hazards referred to in paragraphs 1 to 3 may not be rejected or deferred until they have had the opportunity to explain the reasons for their refusal. In such cases, the State Police Directorate shall be informed of the facts and shall then have to decide on the refusal. "

124. § § 48 and 49, together with headings, are given the paragraphs 45b and 45c, including headings.

125. In § 45b paragraph 1 (new) the quote is "§ 49" by quoting "§ 45c" replaced.

126. In § 45b paragraph 2 (new) the quote is "§ 50 (1) or (2)" by quoting "§ 45a (1) or (2)" replaced.

127. In accordance with Section 45b (2) (new), the following paragraph 3 is added:

" (3) A takeover order shall be issued for a stranger to be carried through. This will be carried out in the exercise of administrative authority and is to be informed. "

128. The previous heading of the 7. The main item is deleted and the following new heading of the 7. Main piece inserted according to § 45c:

" 7. Main item:

Deportation and Duldung "

129. In Section 46 (1), the turn-of-the- "Expulsion (§ § 61, 66, § 10 AsylG 2005)" through the phrase "Arrangement for expulsion, expulsion" replaced.

130. In § § 46 (1) the word order shall be "the Authority" through the phrase "the Federal Office" replaced.

131. In Sections 46 (2), (2a) and (4), 46a (2), (2) and (3), (2), (2), (2), (66) (2), (2), (2), (2), (2), (2), (2), (2), (1 "the Authority" through the phrase "the Federal Office" replaced.

132. In Sections 46 (2a) and (3), 46a (2), 55 (4), (4), 58 (1), 60 (1), 77 (1), 80 (1), 6 to 8, 81 (3), 94 (3), 94a (1) and (2) respectively, the word sequence shall be: "The Authority" through the phrase "The Federal Office" replaced.

133. Section 46 (2a) does not include the word order "who have their stay in their official area and" as well as the penultimate sentence.

134. In § § 46 (3) and 77 (1) the word shall be given in each case "they" by the word "it" replaced.

135. In Section 46 (5), the phrase "the independent administrative senate" through the phrase "the Federal Administrative Court" replaced.

136. In sections 46a (1a), 55 (2), 56 (4) and (6), 58 (2), 71 (4) and 6, 77 (3) (1) and (6), the term of the word shall be given in each case. "from the Authority" through the phrase "from the Federal Office" replaced.

137. In accordance with Article 46a (1b), the following paragraph 1c is inserted:

"(1c) The residence of foreign nationals in the Federal Republic of Germany is also tolerated if the Federal Office has determined that the release of a return decision with regard to § 9 (1) to (3) BFA-VG is temporarily inadmissible."

138. In Section 46a (2), the word order shall be "according to this federal law or after the conclusion of a procedure after the asylum seeker 2005" through the phrase "in front of the Federal Office" replaced.

139. In Section 46a (3), the word order shall be "the card without delay of the Authority" through the phrase "the card immediately to the Federal Office" replaced.

140. In Section 46a (3), the word order shall be " Withdrawn cards shall be submitted without delay to the authority in whose local area of action the institution has been engaged. The latter shall forward the card to the competent authority. " through the phrase "Cards accepted by the institutions of the public security service shall be submitted immediately to the Federal Office." replaced.

141. In Section 46b (1), the phrase shall be "Member State of the European Economic Area" through the turn "EEA State" as well as in paragraph 2, the phrase "the Tourism Authority" through the phrase "the Federal Office" replaced.

142. In Section 46b (3), the quote shall be: "§ § 52, 54 and 66" by quoting "§ § 52 and 66" replaced.

143. In the heading of § 50, the word sequence shall be deleted " , Deportation and Rejection " .

144. In Section 50 (1), the word sequence shall be deleted "rejection, the hindment of entry, deportation, or" .

145. In Section 50 (2), the word order shall be "Rejection or repatriation of strangers to a state or to the hindment of entry from a state" through the phrase "Deportation to a State" replaced.

146. In § 50, paragraph 4 is deleted.

147. In § 51, the fourth and sixth paragraphs are deleted.

148. The title of the 8. The main item is:

"End-of-stay measures against foreign residents"

149. The title of the 1. Section of the 8. The main item is:

"Measures to be taken against third-country nationals"

150. Section 52 (1) reads as follows:

" (1) In the case of a third-country national, the Federal Office shall issue a decision to return a decision if it is to:

1.

is not legally resident in the federal territory, or

2.

has not been legally resident in the federal territory and the return decision procedure has been initiated within six weeks of leaving the country. "

151. In § 52, the previous para. 2 and 3 will be awarded the sales designation "(6)" and "(7)" and shall be inserted in the following paragraphs 2 to 5:

" (2) In the case of a third-country national, the Federal Office shall issue a decision of return under one (§ 10 Asylum G 2005) with a decision to return a decision to return to a third country.

1.

that the application for international protection is rejected on the grounds of third country security,

2.

that the application for international protection is dismissed both in respect of the granting of the status of the right of asylum and of the granting of the status of the subsidiary entitled to protection,

3.

the status of the person entitled to asylum is recognised without the status of the subsidiary entitled to be granted, or

4.

it is granted the status of the subsidiary entitled to protection

and no case of § § 8 (3a) or 9 (2) Asylum Act 2005 and does not have a right of residence under other federal laws. This shall not apply to beneficiary third-country nationals.

(3) In the case of a third-country national, the Federal Office shall issue a return decision under one of the persons concerned if the application for a residence permit is rejected or rejected in accordance with § § 55, 56 or 57 Asylum Act 2005.

(4) In the case of a third-country national who is legally resident in the territory of the Federal Republic of Germany, the Federal Office shall issue a decision to return a return decision if:

1.

, a reason for failure to enter into force in accordance with § 60 Asylum Act 2005 or § 11 para. 1 and 2 NAG, which would be contrary to the granting of the last-granted residence permit, entry title or the permitted visa-free entry, shall be subsequently entered into or known to the contrary,

2.

he has been granted a residence permit in accordance with Article 8 (1) (1), (2) or (4) of the NAG, he is available for work placement and, in the first year of his establishment, he has not been employed for more than four months in a non-self-employed activity,

3.

he has been granted a residence permit pursuant to § 8 paragraph 1 Z 1, 2 or 4 NAG, he is established for more than one year but shorter than five years in the federal territory and for the duration of one year is almost uninterrupted in any permitted employment has gone down,

4.

the granting of a further residence permit is contrary to a reason for failure (Section 11 (1) and (2) of the NAG); or

5.

Module 1 of the integration agreement according to § 14a NAG was not fulfilled in due time for reasons which are to be exclusively represented by the third-country national.

If, according to the NAG, the authority is aware of facts which justify a return decision, it shall be obliged to inform the Federal Office of the facts after the relevant documents have been received. In the case of the renewal procedure in accordance with § 24 NAG, the Federal Office only has to pay tribute to all the circumstances which the third-country national could and must have already demonstrated in the course of such a procedure with the authority after the NAG.

(5) In the case of a third-country national who has been legally established in the long term before the relevant facts have been obtained and who has a residence permit entitled "permanent residence-EC" or "permanent residence-family member", the Federal Office of the Federal Republic of Germany to issue a return decision if the conditions under Section 53 (3) justify the assumption that its further stay constitutes a present, sufficiently serious risk to public order or security "

152. In accordance with Section 52 (7) (new), the following paragraphs 8 to 11 are added:

" (8) The return decision shall be enforceable in the case of § X BFA-VG or with the entry of the legal force and obligates the third-country national for immediate departure in the country of origin, a transit country in accordance with EU-law or bilateral readmission agreements or other agreements or any other third country, provided that it has not been granted a period of time for voluntary departure. In the case of a complaint against a return decision, Section 66 (4) of the AVG is to be applied even if it is no longer in the territory of the Federal Republic at the time of the appeal decision.

(9) The Federal Office of the Federal Republic of Germany has, by means of a return decision, at the same time established that a deportation of a third-country national in accordance with Section 46 is admissible in one or more specific states, unless this is due to the third-country national's shall not be possible.

(10) The deportation of a third-country national in accordance with § 46 may also be carried out by states other than those established in paragraph 9.

(11) The fact that a procedure for the authorisation of a return decision has been found to be inadmissible pursuant to Article 9 (3) of the BFA-VG does not prevent it from re-establishing such a decision in the context of a further procedure to carry out an assessment in accordance with § 9 (1) BFA-VG, if the foreigner has, in the meantime, re-established a conduct that would justify the release of a return decision. "

153. In Section 53 (1), the word order shall be "a travel ban under one" through the phrase "from the Federal Office with a decision of a travel ban under one" replaced.

154. In Article 53, the following paragraph 1 is inserted after paragraph 1:

"(1a) A travel ban shall be issued subject to the provisions of para. 2 and 3 for a period of 18 months."

155. In Section 53 (2), the word sequence shall be deleted "subject to the provisions of paragraph 3 above," and the word shall be "at least" through the phrase "more than" as well as the phrase "whether the stay" through the phrase "the extent to which the stay" replaced.

156. In Section 53 (2) (6), the word order shall be deleted " Unless he has legally entered into the labour market and has spent more than six months in the territory of the Federal Republic of Germany within the last year, " he said. .

157. Section 54, together with the headline.

158. In Article 55, the following paragraph 1 is inserted after paragraph 1:

"(1a) A period for voluntary departure does not exist for the cases of a rejecting decision in accordance with § 68 AVG and if a decision is to be carried out on the basis of a procedure in accordance with § X BFA-VG."

159. In Section 55 (2), the word "Erlassung" by the word "Legal Force" replaced.

160. In Section 55 (4), the quote shall be: "§ 57" by quoting "§ X BFA-VG" and the word "vocation" by the word "Complaint" replaced.

161. § 55a and headline shall be deleted.

162. In Section 56 (1), the word order shall be "the Authority" through the phrase "the Federal Office or the Federal Administrative Court" replaced and after the word "third-country nationals" the phrase "with Mandatsbescheid" inserted.

163. In Section 56 (1), the quote shall be: § § 55 or 55a " by quoting "§ 55" and the word "they" through the phrase "the Federal Office" replaced.

164. In § § 56 (2) (3) and (4), 71 (2) (2) (3) and (77) (3) (3) (3) (3) the "at the authority of the Authority" through the phrase "at the Federal Office" replaced.

165. In Section 56 (2), the word in Z 3 shall be: "or" by a dash and in Z 4 the point by the word "or" and the following Z 5 shall be added:

" 5.

To obtain accommodation in the Federal Office of certain Quarters. "

166. In sections 56 (4), 71 (4) and 77 (6) and 77 (6), the term of the word shall be "a police commando to be determined" through the phrase "a service to be determined by a State Police Directorate" and the phrase "the responsible police command" through the phrase "the competent service of a State Police Directorate" replaced.

167. Section 57 with title shall be deleted.

168. In § 58 (1) the word shall be deleted "foreign police" and in Section 58 (2), the phrase " against which a enforceable expulsion according to § 10 Asylum Act 2005 was issued, except after a refusing decision in accordance with § 5 Asylum Act 2005 or after each further, a refusing decision in accordance with § 5 Asylum Act 2005 following, Rejected decision pursuant to Section 68 (1) of the AVG, " through the phrase 'whose application for international protection has been rejected-or has been rejected and against which a enforceable return decision or a enforceable expulsion has been issued' and the quote "§ 74" by quoting "§ 34 BFA-VG" is replaced by the last two sentences.

169. In § 59, the first and second paragraphs are deleted.

170. In Section 59 (3), the word "Foreign" by the word "third-country nationals" replaced.

171. Section 59 (5) reads as follows:

" (5) If a third-country national already has a right to return decision on the right of return, all subsequent acts of the procedure shall be required after the 7th, 8th., 8. and 11. The main part or the Asylum Act 2005 shall not be a new return decision, unless new facts have emerged in accordance with Section 53 (2) and (3). "

172. § 59 is added after paragraph 5 of the following paragraph 6:

" (6) If the third-country national applies an application for international protection, a return decision shall not be carried out temporarily,

1.

until a complaint against a refusing decision is not granted the suspensive effect (Section X of the BFA-VG), or

2.

until a complaint against a dismissive decision is dislodged (Section X of the BFA-VG).

In the case of a subsequent application in accordance with § 2 (1) Z 23 Asylum G 2005, § 12a Asylum Act 2005 shall apply. "

173. In Section 60 (1), the quote shall be: "§ 53 (1) and (2)" by quoting "§ 53 (1a) and (2)" replaced.

174. In § 60, the second, fourth and fifth paragraphs are deleted.

175. In Section 60 (3) (2), the quote shall be: § § 41a (9) and (10), 43 (2) and (4) and (69a) NAG " by quoting § § 55 to 57 Asylum G 2005 " replaced.

176. The title of the second section of the 8. The main piece is omitted.

177. Section 61, together with the headline, reads:

" Arrangement for the Non-National

§ 61. (1) The Federal Office shall arrange for a non-national application against a third-country national, if:

1.

the application for international protection pursuant to § § 4a or 5 Asylum G 2005 is rejected or after any further, a refusing decision in accordance with § § 4a or 5 Asylum Act 2005 the following, refusing decision pursuant to § 68 paragraph 1 AVG or

2.

it has lodged an application for international protection in another Member State and that Member State is responsible for examining this application in the form of a contract or under the Dublin Regulation. This shall not apply to beneficiary third-country nationals.

(2) An arrangement for expulsion has the effect of allowing the third-country national to be deported to the destination State. The order shall be maintained within 18 months from the departure of the third-country national.

(3) If the implementation of the order for non-national provision for reasons which lie in the person of the third-country national would constitute an infringement of Article 3 of the ECHR and these are not permanent, the implementation shall be for the necessary time .

(4) The arrangement for the non-national application shall come out of force if the asylum procedure is authorised in accordance with § 28 Asylum Act 2005. "

178. The title of the 3. Section of the 8. The main piece and the sections § 62 to 64, together with the title, are deleted.

179. In the title of the 4. Section of the 8. The main piece is omitted from the word sequence "as well as family members of EEA citizens, Swiss citizens and Austrians who are not legally resident in the Union."

180. Sections 65 and 65a, together with headings, are given the sections 15a and 15b, together with the headings.

181. Section 65b and title shall be deleted.

182. Section 66 shall not apply to paragraph 4.

183. In Article 67 (2), the following shall be referred to: "can" the phrase " , subject to paragraph 3, " inserted.

184. Section 67 shall not apply to paragraph 5.

185. Section 68 with headline shall be deleted.

186. In Sections 69 (1), 70 (1) and (4) (4) and (4) and 71 (4) and (6) respectively, the term of the word shall be "the stranger" through the phrase "EEA citizen, Swiss citizen or beneficiaries of third country nationals" replaced.

187. In Section 69 (1), the quote shall be: "§ 73" by quoting "§ 27b" replaced.

188. In Section 69 (2) the phrase shall be: "A expulsion and a ban on residence are" through the phrase "A ban on residence is" and the word "their" by the word "his" replaced.

189. In Sections 69 (3) and 71 (3), (4) and (6), the word shall be given in each case. "Foreign" through the phrase "EEA citizens, Swiss citizens or beneficiary third country nationals" replaced.

190. In § 70, paragraph 2 is deleted.

191. The title of the 6. Section of the 8. The main piece is omitted.

192. § § 72 and 73, together with the headings, are given the section 27a and 27b together with the headings.

193. The title of the 7. Section of the 8. The main piece, as well as § § 74 and 75, together with headlines, are deleted.

194. In Section 76 (1), after the phrase "a return decision" the phrase " , an order for non-national provision " inserted and omitted the word sequence " , the deportation or transit " .

195. In section 76 (2) and (2a), the phrase shall be "The locally competent tourist authority" through the phrase "The Federal Office" replaced.

196. In Section 76 (2) the phrase shall be: "Expulsion according to § 10 Asylum Act 2005" through the phrase "Return decision, for the release of an order for non-national provision" replaced.

197. In section 76 (2) Z 1, the turn "Expulsion (§ 10 AsylG 2005)" through the turn "Return Decision" replaced.

198. In Section 76 (2) (2), the phrase shall be: "according to the provisions of the Asylum Act 2005, an expulsion procedure" through the phrase "A procedure for the release of a stay-ending measure pursuant to § 27 Asylum Act 2005" replaced.

199. In Section 76 (2) (3), the following shall be referred to: "Return Decision" the phrase " , a enforceable order for non-national provision " inserted.

200. In Section 76 (2a) (1), the phrase shall be: "against the asylum seeker one with a rejecting decision in accordance with § 5 Asylum Act 2005" through the phrase "against him a recalling decision in accordance with § § 4a or 5 Asylum Act 2005 and a enforceable order for non-national provision or a" replaced.

201. In Section 76 (2a) Z 4, the word order shall be "according to the provisions of the Asylum Act 2005, an expulsion procedure" through the phrase "in accordance with § 27 Asylum Act 2005 a procedure for the release of a stay-ending measure" and the turn "§ 15 para. 1 Z 4 penultimate sentence Asylum G 2005" through the turn "§ 13 (2) BFA-VG" replaced.

202. In Section 76 (2a), the word order shall be set out in the final paragraph "the procedure for the release of an expulsion pursuant to § 10 Asylum Act 2005" through the phrase "a procedure for the dismissal of a stay-ending measure" replaced.

203. The last two sentences are deleted in Section 76 (3).

204. In § 76, paragraphs 4 and 7 are deleted.

205. In Section 76 (5), after the word order "a return decision" the phrase "an order for non-national provision," inserted.

206. In Section 77 (2), the quote shall be: "§ 99 (1) (1)" by quoting "§ 24 (1) Z 4 BFA-VG" replaced.

207. In Section 77 (4), the phrase "to the Authority" through the phrase "to the Federal Office" replaced.

208. In Section 77 (5), the word sequence shall be deleted " , repatriation or transit " .

209. In § 77, the following paragraphs 8 and 9 are added:

" (8) The other means is to be ordered with a decision; this is to be issued in accordance with § 57 AVG, unless the foreigner is not only in prison in the short term when the proceedings are initiated for his release. Non-enforceable cases in accordance with § 57 AVG shall be deemed to have been revoked 14 days after being released.

(9) The State Police Directorates may make provision concerning the premises for accommodation in accordance with Section 3 (1) (1) of the Directive. "

210. In § 78 (1) the first two sentences are:

" The detention is to be carried out in the detention rooms of the police directorate. If a State Police Directorate is unable to carry out the detention, a State Police Directorate, which has access to the detention centre, is required to request its enforcement. "

211. In § 78 (1), the word "Authority" by the word "Safety Authority" replaced.

212. Section 78 shall not apply to paragraph 2.

213. In section 78 (4), the word order shall be deleted " , repatriation or transit " .

214. Section 78 (5) reads as follows:

"(5) The State Police Directorates have to ensure that so many detention spaces are available in each country than the average level of detention imposed there."

215. In Section 78 (6), the word order shall be "the return decision, the expulsion or the ban on residence" through the phrase "the measure to end the stay" replaced.

216. In Section 80 (5), the word "expulsion" through the phrase "Residence-terminated measure" and the quote "§ 37 Asylum G 2005" by quoting "§ X BFA-VG" and the word "Asylum court" by the word "Federal Administrative Court" replaced.

217. In Section 80 (5), the word order shall be "the Asylum Court" through the phrase "the Federal Administrative Court" replaced.

218. In Section 80 (6), the quote shall be: "§ 82 (1) (3)" by quoting "§ X BFA-VG" replaced.

219. In Section 80 (7), the word order shall be "from the locally competent independent administrative senate" through the phrase "by the Federal Administrative Court" , the phrase "the independent administrative senates" through the phrase "the Federal Administrative Court" and the phrase "It has it" through the phrase "The Federal Office of the Federal Republic of Germany" as well as the phrase "The Independent Administrative Senate" through the phrase "The Federal Administrative Court" replaced.

220. The heading of § 81 reads as follows:

"The lifting of the jelly and the gelinderen remedy"

221. In Section 81 (1) (2), the word order shall be "the independent administrative senate" through the phrase "the Federal Administrative Court" replaced.

222. In § 81, the following paragraph 4 is added:

" (4) The more successful means shall be repealed by means of a formless communication, if:

1.

it may no longer be maintained in accordance with § § 77 iVm 80; or

2.

the Federal Administrative Court has determined that the conditions for its continuation are not available.

If the more successful means has been unformably lifted, the decision on which it is based shall be deemed to have been revoked; the Federal Office shall have the right to make this informed. "

223. The title of the 9. The main piece and the sections 82 and 83 together with headlines are no longer required.

224. The headline of the 10. The main section and sections 84 to 86, together with headlines, are no longer required.

225. In Section 93 (1) (3), the word order shall be "the Authority" through the phrase "of the Federal Office or of the representative authority" replaced.

226. In Section 93 (2), the word order shall be "the Authority" through the phrase "the Federal Office" replaced.

227. In Section 93 (3), the word order shall be "to submit to the Authority," through the phrase "to be presented to the Federal Office." replaces and eliminates the word sequence " in their local area of activity the institution has been taken in. This has to pass on the tourist pass to the authority that has the withdrawal. "

228. In Section 94 (3), the word "her" by the word "him" replaced.

229. In Section 94a (6) (2), the word order shall be "the Authority" through the phrase "the Federal Office" replaced.

230. In Section 94a (6), the word order shall be "shall be immediately notified to the Authority" through the phrase "the Federal Office shall be immediately" replaced.

231. In § 99 (1), Z 1 and 4 to 6 are deleted.

232. In section 99 (1) (7), the citation is not required "(§ 72)" .

233. In section 99 (2), the quote shall be: " 1 Z 6 and 7 " by quoting " 1 Z 7 " replaced.

234. In Section 99 (3) (3), the word order shall be " 1 to 3 neither a return decision, a ban on residence nor an expulsion or a deportation " through the phrase " 1 Z 2 or 3 a return not " replaced.

235. In § 99 (3), the Z 4, 6 and 7 are deleted.

236. Section 99 (3) Z 5 reads as follows:

" 5.

five years have passed since the rejection or repatriation. "

237. In Section 99 (5), the quote shall be: " 1 Z 1, 2, 3 and 6 " by quoting " 1 Z 2 and 3 " replaced.

238. In Section 100 (3), the quote shall be: "§ 99 (1) (6) and (7)" by quoting "§ 99 (1) Z 7" replaced.

239. In Section 100 (4), the quote shall be: "§ 99 (1) (1) to (6) and (8)" by quoting "§ 99 (1) (2), (3) and (8)" replaced.

240. Section 101 with headline shall be deleted.

241. The heading of § 102 reads as follows:

"Transmission of personal data"

242. In § 102, the sections 1 to 3 and 5 are deleted.

243. Section 102 (4) of the " 1 " by quoting "§ 27 (1) BFA-VG" replaced.

244. Section 103 including the title shall be deleted.

245. In Section 104 (2), the word order shall be "Tourist police authorities are authorized by the resident authorities, by the Federal Asylate Office and by the Asylum Court" through the phrase "State police directorates are authorized by the authorities according to the NAG, the Federal Office and the Federal Administrative Court" replaced.

246. In Section 105 (2), the word order shall be "the Tourism Authority" through the phrase "the State Police Directorate" and the phrase "The Tourism Authority" through the phrase "The State Police Directorate" replaced.

247. Section 105 (2) and (5) shall apply in each case to the last sentence.

248. In § 105, paragraphs 3 and 6 to 9 are deleted.

249. In § 106, the turn " 5. to 9. Main piece " through the turn " 5. or 6. Main piece " replaced.

250. Section 108 (1) reads as follows:

" (1) In so far as the Federal Government is authorized to conclude governmental agreements pursuant to Art. 66 (2) B-VG, it may conclude intergovernmental agreements on the transfer of the data referred to in paragraph 2 of those persons who, in accordance with § § 114 or 117 have been punished by a final sentence, to certain recipients. Provision should be made for reciprocity to be granted and for a deletion in the case of a contracting State within six months also to delete the data transmitted to the other contracting state. "

251. In § 108, paragraph 2, the quote shall be: " 1 Z 2 " by quoting " 1 " replaces and eliminates the word sequence "the return decision or the residence ban," .

252. In the title of § 110, after the word "Obligation to understand" the phrase "the Federal Office and" inserted.

253. In § 110, after the word "splits" the phrase "the Federal Office or" and after the phrase "to collect and" the phrase "the Federal Office and" as well as following the phrase "Deadline, has" the phrase "the Federal Office and" replaced.

254. In Section 112 (2), the turn-of-the- "§ 50 (1)" through the turn "§ § 45a (1) or 50 (1)" replaced.

255. In Section 113 (1) (1) (1), the phrase is deleted "the return decision, the expulsion, the ban on residence, or" .

256. In § 113, the second and seventh paragraphs are deleted.

257. In Section 113 (4), the word sequence shall be deleted "or with the deportation" as well as the Z 2.

258. Section 113 (6) reads as follows:

" (6) The costs, the replacement of which the State Police Directorate has to prescribe, are to be raised by the State Police Directorate, in whose Sprengel the foreigner is holding. § 79 AVG is to be applied in a reasonable way. The Federal Government shall bear the costs incurred in accordance with paragraph 1 (1) (1) to (4). "

259. In Section 120 (2) (2) (2), the word "Asylum court" by the word "Federal Administrative Court" replaced.

260. In § 120 subsection 5 Z 5 the quote is § § 55 or 55a " by quoting "§ 55" replaced.

261. In Section 121 (1), the quote shall be: "§ 46a (1a), 54 (4), 56, 63 (4) or 71" by quoting "§ § 46a (1a), 56 (2) (2) (1) to (4) or 71" and the quote "§ § 54 (4), 56 (3), 63 (5) or 71 (3)" by quoting "§ § 56 (3) or 71 (3)" replaced.

262. In Section 121 (2), the turn of the "§ § 15 para. 1 Z 4 penultimate sentence or" through the turn "§ 13 para. 2 BFA-VG or §" replaced.

263. Section 121 (3) Z 1 reads as follows:

" 1.

Obligations which the Authority has granted to the Authority in the event of authorisations in accordance with § § 27 a or 27b, shall be disregarded or "

264. In Section 121 (4), after the quote, "§ 36 (1)" the twist "or § 37 (1) BFA-VG" inserted.

265. In Section 121 (6), the quote shall be: "§ 120 para. 1, 2, 3 or 4" by quoting "§ 120 para. 1, 1a, 2, 3 or 4" replaced.

266. Section 126 shall be added in accordance with paragraph 10 of the following paragraph 11:

" (11) § § 1 para. 1 to 3, 2 para. 1 and 2, § § 3 and 4 including headlines, 5 para. 1 to 3, 5 and 6, 6 para. 1 to 2, 4, 6 and 8, 7 Z 2, 8 para. 1, 9 and 10 together with headlines, the title of the second section of the second main piece, the headlines of § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § 11 and 12, § 11 (4), 12 (1) to (4), 12a, the title of the 3. Main piece, § § 13 (1) and (3), 14 (1), 15 (1) and 4 (Z) 4, 15a and 15b together with headlines, 18 para. 1, 19 with title, 21 (7) Z 1, 24 (4), 25 (7), 26 (2), 27 (1) and (3), the title of the 3a. Section of the 3. § § 27a and 27b together with headlines, § § 31 (1) (1) and (4), (1a) (2) and (4), subsection (3) (1) and (4), 32 (1), (3) and (4), the title of the 5. Main piece, § § 37 (1) (1) and (2), 38 (1) and (3), 39, together with the title, the title of the 6. Main piece, § 41 (2) (2) and (3), 43 (1) (3) and (3), (3), (44), (45) (1) to (4), 45a to 45c, together with headlines, the title of the 7. Main piece, § § 46 (1) to (5), 46a (1a) to (3), 46b (1) and (3), the title of § 50, § 50 (1) and (2), the title of the 8. Main piece, the headline of the 1. Section of the 8. Main item, § § 52, 53 (1) to 2, 55 (1a), 2 and 4, 56 (1), (2), (4) and (6), 58 (1) and (2), 59 (3), (5) and (6), 60 (1) and (3) (2), (61) and the title, the title of the 4. Section of the 8. § § 66 (2), 67 (2), 69 (1) to 3, 70 (1) and 4 (3), 71 (1), 2 (2) and (3) and (3), (4) and (6), § 72 (3), 76 (1) to (3) and (5), 77 (1), (2), (3) and (4) to (6), (8) and (9), § 78 (1) and (4) to (8), 79 (1) and (4), Section 81, section 81 (1) 2 and (2) to (4), 93 (1) and (3), (2) and (3), 94 (3), 94a (1), (2) and (6), (1) and (2), 99 (1), (2) and (3), (3) and (5) and (4) and (5), § 100 (1) to (4), the title § 102, § 102 (4), 104 (1) and (2), 105 (1), (2), (4), (5) and (10), 106, 107 (1) and (2), 108 (1) and (2), 109, 110, including the title, 112 (2), 113 (1) and (3), (4) and (6), (2), (2) and (2), and Subsection 5, Z 5, 121 (1) to 4 and 6, and the table of contents in the version of the Federal Law BGBl. I No 87/2012 will be 1. Jänner 2014 in force. § § 2 (4) Z 13, 5 (1) Z 2, 6 (4a) and 5, 14 (2), 30 (4), 31 (3) Z 3, 32 (2) Z 1, 34 (1) Z 2 and 3, 36 (1) Z 1, 38 (2), 39 (2) Z 1 and 2, the title of the 6. Main piece, § § 48 and 49 with headlines, the title of the 7. § § 50 (4), 51 (4) and (6), § § 54 including title, 55a and title, 57 including headlines, 59 para. 1 and 2, 60 para. 2, 4 and 5, the title of the 2. and 3. Section of the 8. Main piece, § § 62 to 64 including headlines, 65 to 65b with headlines, 66 para. 4, 67 para. 5, 68 with title, 70 para. 2, the title of the 6. Section of the 8. Main piece, § § 72 and 73 with headlines, the title of the 7. Section of the 8. Main section, sections 74 and 75 with headings, 76 (4) and (7), 78 (2), the title of 9. Main piece, § § 82 and 83 with headlines, the title of the 10. Main piece, § § 84 to 86 including headlines, 99 para. 1 Z 1, 4 to 6 as well as para. 3 Z 4, 6 and 7, § § 101 including heading, 102 para. 1 to 3 and 5, 103 including the heading, 105 para. 3 and 6 to 9, 113 para. 2 and 7 in the version before the BGBl. I No 87/2012 will expire on 31 December 2013. '

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 50/2012, shall be amended as follows:

1. In the table of contents, the following entry is inserted after the entry in Section 3:

" § 3a.

Revision "

2. In the table of contents there is no entry to § 44b.

3. In the table of contents there is no entry to § 69a.

4. In the table of contents the entries for the 7. The main part of the second part and the entries in § § 73 to 75.

5. In the table of contents the entries for the 8. The main part of the second part and § 76.

6. In § 2 para. 1 Z 11, after the parenthesis "(§ 24)" the phrase "according to this federal law" inserted.

7. § § 2 (1) Z 18, 3 (5), 11 (1) Z 3, 19 (10), 41a (11), 43 (4) and 5, 44b, 69a, together with the title, the title of the 7. Main part of the second part, § § 73 to 75 with headlines and the title of the 8. The main part of the second part as well as § 76 with headline are deleted.

8. In Section 2 (7), the phrase "foreign police decision" through the phrase "Decision according to the FPG" replaced.

9. In § 3 (2), the word "Appointments" by the word "Complaints" and the phrase "the Federal Minister for the Interior" through the phrase "the locally competent administrative court of the country" is replaced by the last sentence.

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

" Revision

§ 3a. Against the findings of the administrative courts of the Länder concerning complaints against decisions of the Governor of the Land, the Federal Minister of the Interior has the right to appeal to the Administrative Court after the recognition of the recognition to the Governor of the State. Revision. "

11. In § 8 (1) Z 10, the staple citation shall be "(§ § 58 to 69a)" by the citing quote "(§ § 58 to 69)" replaced.

12. In § 10 (1), after the word order "against strangers" the phrase "a return decision," and after the word "Period of validity" the phrase "the return decision," inserted.

13. According to Article 10 (1), the following paragraph 1a is inserted:

"(1a) The residence permit in accordance with § § 41a (3) and (9) and 43 (3) shall be invalid if the third-country national is subsequently granted the status of the right of asylum or of the subsidiary entitled to protection in the legal proceedings."

14. In Section 11 (1) (1) (1), the phrase is deleted "or an upright return ban in accordance with § 54 FPG" and will turn the turn "§ 63 or 67 FPG" through the phrase "§ 67 FPG" replaced.

15. In Section 12 (4), the word order is deleted "; no appeal is admissible against this decision" .

16. In Section 12 (6), the word "vocation" by the word "Complaint" and the phrase "the Appellate Authority" through the phrase "the administrative court of the country" replaced.

17. In Section 12 (7), the phrase is deleted "; on the other hand, no appeal is allowed" .

18. In Section 12 (8), the phrase "to be granted visa-free travel in accordance with § 30 (4) FPG" through the phrase "which are legally resident in accordance with § 31 (4) FPG" replaced.

19. In § § 21 (6) and 64 (5), the word order shall be "foreign police measures" through the phrase "of measures under the FPG" and the phrase "foreign police procedures" through the phrase "Procedure according to the FPG" replaced.

20. In Section 24 (1), the phrase "foreign police provisions" through the phrase "the provisions of the FPG" replaced.

21. In Section 25 (1), the phrase "foreign police opinion" through the phrase "Opinion of the Federal Office for Foreign Affairs and Asylum" and the quote "(§ 61 FPG)" by quoting " (§ 9 BFA-procedural law (BFA-VG), BGBl. I No 87/2012) " as well as the phrase "the competent police authority responsible for the completion of the stay" through the phrase "the Federal Office of Foreign Affairs and Asylum" replaced.

22. In § 27 (2), the quote shall be "§ 11 (1) (3) to (6)" by quoting "§ 11 (1) Z 4 to 6" replaced.

23. In § 27 (3) Z 3 the phrase "foreign police action" through the phrase "Measure according to FPG" replaced.

24. In Section 28 (1), the phrase "§ 64 FPG for the release of a expulsion or the requirements of § 63 FPG for the release of a residence ban, these measures may, however, with regard to § 61 FPG" through the phrase "§ 52 (5) FPG for the release of a return decision, this measure may, however, with regard to § 9 BFA-VG" replaced.

25. In § 30a, the quote "§ 69a (1) Z 3" by quoting "§ 57 (1) Z 3 Asylum G 2005" replaced.

26. In § 36 (2), the word "Bundesasylamt" through the phrase "Federal Office of Foreign Affairs and Asylum" and the word "Asylum court" by the word "Federal Administrative Court" and the word "Tourist Office" by the word "State Police Directorates" replaced.

27. In § 37 (1) the word "Tourist Office" by the word "State Police Directorate" and the quote "§ 102 (1) FPG" by quoting "§ 27 (1) BFA-VG" replaced.

28. In Section 37 (3), the word order shall be "the Appellate Authority" through the phrase "the competent administrative court of the country" replaced.

29. In Section 37 (4), the phrase "the competent tourist authority" through the phrase "the Federal Office of Foreign Affairs and Asylum" , the phrase "the Tourism Authority" through the phrase "the Federal Office for Foreign Affairs and Asylum" and in each case the phrase "the Tourism Authority" through the phrase "the Federal Office of Foreign Affairs and Asylum" replaced.

30. In § 38 (3) and (4), the citation shall be "§ 102 (1) (1) to (11) FPG" by quoting "§ 27 (1) Z 1 to 11 BFA-VG" replaced.

31. § 41a (3) reads as follows:

"(3) Third-country nationals are to be granted a residence permit" Red-White-Red-Card plus " on the basis of a notice issued by the Federal Office for Foreign Affairs and Asylum pursuant to Section 59 (4) of the Asylum Act 2005. The residence permit shall be issued immediately, but at the latest within eight weeks from the date of the notification of the Federal Office for Foreign Affairs and Asylum. Section 20 (2) shall apply mutatily. "

32. § 41a (9) and (10) are:

"(9) In the case of third-country nationals residing in the territory of the Federal Republic of Germany, a residence permit" Red-White-Red-Card plus " shall be issued on the basis of a reasoned request, if:

1.

for a period of twelve months on a "residence permit plus" in accordance with § § 55 (1) or 56 (1) Asylum Act 2005,

2.

for a period of twelve months on a "residence permit" in accordance with § § 55 (2) or 56 (2) Asylum Act 2005 or

3.

on a settlement permit in accordance with § 43 (3)

, and module 1 of the integration agreement has fulfilled or at the time of the decision to take up gainful employment, with their income the monthly de minimis limit (§ 5 para. 2 General Social Security Act-ASVG BGBl. I n ° 189/1955).

(10) Third-country nationals residing in the territory of the Federal Republic of Germany are, in spite of the absence of a grant in accordance with Article 11 (1) (4) (4) to (6), despite the absence of a condition pursuant to Article 11 (2), of their own motion or on a reasoned request, which shall be subject to the following conditions: to issue a "Red-White-Red-Card plus" residence permit if the local authority is to be present in the country where:

1.

it is an unaccompanied minor stranger who is not accompanied by a full-year person legally responsible for him, or

2.

for a minor, a right of residence cannot be derived in accordance with Section 23 (4) NAG

and the minor is not merely temporarily in the custody of foster parents or the child under the law of a court decision, by virtue of a law or by an agreement of the biological parents with the youth welfare service for the protection of the child's child Youth welfare carrier is located. The foster parents shall be considered to be legal representatives within the meaning of § 19. This residence permit shall be granted free of charge. "

Section 43 (3) reads as follows:

"(3) In the case of third-country nationals residing in the territory of the Federal Republic of Germany, a residence permit entitled" settlement authorisation " shall be issued on a reasoned request if they have been granted for twelve months

1.

a "residence permit plus" pursuant to Article 55 (1) of the Asylum Act 2005,

2.

a "residence permit plus" pursuant to Section 56 (1) of the Asylum Act 2005,

3.

a "residence permit" in accordance with § 55 (2) of the Asylum Act 2005 or

4.

a "residence permit" pursuant to § 56 (2) Asylum Act 2005

"

34. § 44a reads:

" § 44a. In a procedure for the granting of a residence permit in accordance with § 41a (9) Z 1 or 2 or § 43 (3), § 24 (1) and (2) shall apply mutatis mutuelly. "

35. In § 45 (2), after the word order "A residence permit (§ 8 para. 1 Z 10)" the phrase " , a residence permit entitled "Residence permit special protection" (§ 57 Asylum Act 2005) " is inserted and the following sentence is added:

"Third country nationals entitled to establish a settlement are the period of immediately preceding legal residence in the Federal territory on the basis of a" residence permit plus "(Section 54 (1) (1) of the Asylum Act 2005) or of a" Residence permit " (Section 54 (1) (2) of the Asylum Act 2005) to be applied in full to the five-year period. "

36. In § 45 (8), the word "Bundesasylamtes" through the phrase "Federal Office for Foreign Affairs and Asylum" and the word "Bundesasylamt" through the phrase "Federal Office of Foreign Affairs and Asylum" replaced.

37. In § 45 (8) the word "Asylum court" by the word "Federal Administrative Court" and the phrase "the Asylum Court" through the phrase "the Federal Administrative Court" replaced.

38. In § 48 (2), after the phrase "A residence permit (§ 8 para. 1 Z 10)" the phrase " , a residence permit entitled "Residence permit special protection" (§ 57 Asylum Act 2005) " is inserted and the following sentence is added:

"Third country nationals entitled to establish a settlement are the period of immediately preceding legal residence in the Federal territory on the basis of a" residence permit plus "(Section 54 (1) (1) of the Asylum Act 2005) or of a" Residence permit " (Section 54 (1) (2) of the Asylum Act 2005) to be applied in full to the five-year period. "

39. In Section 55 (3), the phrase "the competent tourist authority" through the phrase "the Federal Office of Foreign Affairs and Asylum" and the phrase "The competent tourist authority" through the phrase "The Federal Office of Foreign Affairs and Asylum" replaced.

40. In § 55, para. 4, the quote is "(§ 66 FPG)" by quoting "(§ 9 BFA-VG)" and the phrase "the Tourism Authority" through the phrase "the Federal Office of Foreign Affairs and Asylum" replaced.

41. In Section 81 (5), the following phrases shall be added: "according to this federal law" and "this federal law" through the phrase " according to the federal law in the version of the BGBl. I n ° 100/2005 "as well as the phrase" in the version of the Federal Law Gazette (BGBl) after the expression (§ § 14 et seq.) ". I No 100/2005 ".

42. § 82 is added in accordance with paragraph 16 of the following paragraph 17:

" (17) § § 2 para. 1 Z 11 and para. 7, 3 para. 2, 3a including the title, 8 para. 1 Z 10, 10 para. 1 and 1a, 11 para. 1 Z 1, 12 para. 4 and 6 to 8, 21 para. 6, 24 para. 1, 25 para. 1, 27 para. 2 and 3 Z 3, 28 para. 1, 30a para. 1, 36 para. 2, 37 para. 1, 3 and 4, 38 Paragraphs 3 and 4, 41a (3), (9) and (10), 43 (3), 44a, 45 (2) and (8), 48 (2), 55 (3) and (4), 64 (5) and 81 (5) and the table of contents as amended by the Federal Law BGBl (Bundesgesetz BGBl). I No 87/2012 will be 1. Jänner 2014 in force. § § 2 (1) Z 18, 3 (5), 11 (1) Z 3, 19 (10), 41a (11), 43 (4) and (5), 44b, 69a, together with the title, the title of the 7. Main part of the second part, § § 73 to 75 with headlines and the title of the 8. Main part of the second part as well as § 76, together with the headline in the version before the Federal Law BGBl. I No 87/2012 will expire on 31 December 2013. '

Article 6

Amendment of the Citizenship Act 1985

The State Citizenship Act 1985 (StbG), BGBl. N ° 311, as last amended by the Federal Law BGBl. I No 38/2011, shall be amended as follows:

1. In § § 10 (2) Z 4 and 15 (1) (1) Z 1 the quote shall be: "§ § 63 or 67 FPG" by quoting "§ 67 FPG" replaced.

2. In § 10 sec. 2 Z 6 the turn is § § 62 or 66 FPG or § 10 Asylum Act 2005 (Asylum G 2005), BGBl. I. No. 100, " by quoting "§ 66 FPG" replaced.

3. In Section 11a (4) (1), the word shall be: "Bundesasylamt" by the word "Federal Office of Foreign Affairs and Asylum" replaced.

4. In § 41, para. 4, after the word order "the authority (§ 39) thereof" the phrase "the Federal Office of Foreign Affairs and Asylum," inserted and the word "Tourist Office" by the word "State Police Directorate" as well as the quote "(§ 105 para. 4 FPG and § 37 paragraph 2 NAG)" by quoting " (Section 30 (6) of the BFA procedural law, BGBl. I N ° 87/2012, § 105 (4) (FPG) and § 37 (2) NAG) " replaced.

5. § 64a is added in accordance with section 13 of the following paragraph 14:

" (14) § § 10 (2) Z 4 and 6, 11a (4) Z 1, 15 (1) (1) (1) (1) and (4) (4) of the BGBl version. I No 87/2012 will be 1. Jänner 2014 in force. "

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 38/2011, shall be amended as follows:

1. In § 2 para. 7, the quote shall be "§ 16 Asylum G 2005" by quoting " § 10 BFA-procedural law (BFA-VG), BGBl. I No 87/2012 " replaced.

2. In § 4 (3) the word "Bundesasylamt" through the phrase "Federal Office of Foreign Affairs and Asylum (Bundesamt)" and the quote "§ 45 (1) Z 2 Asylum G 2005" by quoting "§ 45 (1) Z 3 BFA-VG" replaced.

3. In § § 6 (3) and 9 (1), the word shall be given in each case. "Bundesasylamt" by the word "Federal Office" replaced.

4. In § 8 (1a) the word order shall be " (§ 101 Foreign Police Act 2005-FPG, BGBl. I n ° 100) the data processed pursuant to Section 102 (1) (1) (1) to (11) of the FPG and the Federal Asylate Office and the Asylum Court pursuant to Section 56 (1) Asylum G 2005 " through the phrase "(§ 26 BFA-VG) the data processed in accordance with § 27 (1) Z 1 to 11 BFA-VG as well as by the Federal Office and the Federal Administrative Court in accordance with Section 28 (1) of the BFA-VG" replaced.

5. In Section 9 (2), the word "Appointments" by the word "Complaints" and the phrase "The Independent Administrative Senates in the Countries decide" through the phrase "The Federal Administrative Court decides" replaced.

6. In Section 9 (3), the phrase "Can the Independent Administrative Senates in the Countries of the vocation" through the phrase "may the Federal Administrative Court of the complaint" replaced.

7. In § 9, paragraph 3a is deleted.

8. § 9 (3b) reads:

" (3b) Against the findings of the Federal Administrative Court on complaints against the authority of the Authority of the first instance, the Federal Minister of the Interior has the right to appeal to the Federal Office for the Administrative Court after notification of the recognition to the Federal Office of the Federal Office of the Federal Republic of Germany "

9. In § 9 (4), the word "District Administrative Authority" by the word "State Police Directorate" replaced.

10. In § 9a, the word shall be "Tourist Office" by the word "State Police Directorates" replaced.

11. In Section 11 (3), the turn shall be "according to § 29 FrG" through the phrase "pursuant to § 62 Asylum Act 2005" replaced.

12. § 16 is added in accordance with paragraph 15 of the following paragraph 16:

" (16) § § 2 para. 7, 4 para. 3, 6 para. 3, 8 para. 1a, 9 para. 1, 2, 3, 3b and 4, § § 9a and 11 para. 3 in the version of the BGBl. I No 87/2012 will be 1. Jänner 2014 in force. Section 9 (3a) in the version before the BGBl. I No 87/2012 will expire on 31 December 2013. '

Article 8

Amendment of the Introductory Act to the 2008 Administrative Procedure Law

The Introductory Act to the 2008 Administrative Procedure Law (EGVG), BGBl. I n ° 87, as last amended by the Federal Law, BGBl. I No 50/2012, shall be amended as follows:

1. Art. I para. 2 Z 30 reads:

" 30.

of the Federal Office for Foreign Affairs and Asylum; "

2. The Art. V shall be added to the following paragraph 5:

" (5) Art. 2 Z 30 in the version of the Federal Law BGBl. I n ° 87/2012 is 1. Jänner 2014 in force. "

Article 9

Adjustment provisions

(1) Where reference is made in federal laws to the term "Bundesasylamt" (Bundesasylamt) in the respective grammatical form, the term "Bundesasylamt" shall have effect from 1. January 2014, the phrase "Bundesamt für Xenwesen und Asyl" (Federal Office of Foreign Affairs and Asylum) in the respective grammatical correct form.

(2) This does not apply to the use of this term in conclusion and transitional provisions as well as in in-and out-of-force rules.

Fischer

Faymann