Alien Authority New Structuring Law - Fng

Original Language Title: Fremdenbehördenneustrukturierungsgesetz - FNG

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87. Federal law with a BFA institution Act and a BFA Procedure Act and the asylum Act 2005, the 2005 Aliens Police Act, the settlement and residence Act, the Citizenship Act of 1985, the basic supply law - 2008 Federal 2005, and to change the introduction Act to the administrative procedure law (foreigners authority new structuring law enacted - FNG)

The National Council has decided:

Table of contents



Article 1





BFA establishment law







Article 2





BFA procedure law







Article 3





Amendment of the asylum Act 2005







Article 4





Amendment of the Aliens Police Act 2005







Article 5





Change of the settlement and residence Act







Article 6





Amendment of the Citizenship Act of 1985







Article 7





Amendment of the Basic Law of supply - Federal 2005







Article 8





Modification of the introductory act to the administrative procedure laws 2008







Article 9





Adjustment provisions





Article 1

Federal Act on the establishment and organization of the Federal Foreign beings and asylum (BFA facility Act BFA-G)

Table of contents



§ 1.





Setup







§ 2.





Organization







§ 3.





Responsibilities







§ 4.





Initial reception sites







§ 5.





State documentation







§ 6.





References







§ 7.





Linguistic equal treatment







§ 8.





Entry into force





 

Setup

§ 1. The Federal Office for foreigners beings and asylum (Federal Office) is the Federal Minister of the Interior directly subordinate agency with nationwide jurisdiction as one.

Organization

Section 2 (1) at the top of the Federal Office of the Director is. In the case of his incapacitation, the tasks of one of his two deputies are to perceive.

(2) the Federal Office is headquartered in Vienna and each one Regional Directorate in each federal State. In addition, the Director of the Federal Office may establish branch offices of the regional directorates to all applicable procedures in administrative-economic way and without unreasonable delay to perform and complete.

(3) the number of organizational units in the Federal Office, the regional directorates and the offices as well as the distribution of shops in these, are set in a business arrangement to be adopted by the Director in the interest of rapid and appropriate treatment of the business.

(4) the Director has to ensure their qualification through training and in-service training of the staff of the Federal Office.

(5) the Director of the Federal Office can staff to exercise in accordance with article 38, paragraph 1 Z 3 to 5 and paragraph 2, 39 (1) and 44 BFA procedures Act (BFA-VG), Federal Law Gazette I no. 87 / 2012 intended command and coercive power empower, if any that are suitable and specially trained. Applies for these institutions Ordinance of the Federal Minister for Home Affairs with the guidelines for the intervention of organs of public security - issued RLV, Federal Law Gazette No. 266/1993.

(6) the organs of the public security service have the Federal Office in carrying out its tasks, in particular in the initial recording Office in the authorisation procedure, to support.

Responsibilities

§ 3 (1) the Federal Office is responsible



1 enforcement of the BFA-VG, 2. enforcement of the asylum Act 2005 (AsylG 2005), Federal Law Gazette I no. 100, 3. enforcement of the 7th, 8th and 11th main piece of the Aliens Police Act 2005 (FPG), Federal Law Gazette I no. 100 and 4. the enforcement of the Basic Law of supply - Federal 2005, Federal Law Gazette I no. 100.

(2) the Federal Office is - based on individual cases - the authority responsible for exchanging information with those States, which the Dublin Regulation (§ 2 ABS. 1 Z 8 AsylG 2005) or a contract on the responsibility for the examination of an asylum application or an application for international protection is applicable.

Initial reception sites

§ 4. The Federal Minister of the Interior is authorized to establish by regulation initial reception sites. These are part of the Federal Agency.

State documentation

§ 5 (1) has the Federal Office to lead a State documentation to hold are for the proceedings before the Bundesamtrelevante facts about the situation in the countries concerned including the sources.

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



1. for the assessment, whether facts exist which suggest on the danger of persecution within the meaning of the AsylG in a given State, in 2005;

2. for the assessment of the credibility of the information of asylum seekers and foreigners and 3. in deciding whether a certain State secure in the sense of § § 4 or 4a AsylG 2005 or in the sense of § § is 19 or 21 BFA-VG.

The collected facts are to combine country-specific, scientific work (General analysis) based on objective criteria and documented in general terms. The documentation is in relation to facts, which does not correspond to the facts, correct. Analysis based at best on these facts is right to make.

(3) the Federal Administrative Court, the courts of public law and the Federal Minister for Justice shall be entitled to request the Federal Office within the State document to the collection of available information and the evaluation of existing or to collect information about a specific issue by means of mutual assistance. The Federal Agency has this request to meet.

(4) at the Federal Ministry of the Interior, an Advisory Committee (Advisory Committee for the management of the State documentation) is set up, which gives the analysis particularly recommendations for the management of the State documentation, the collection of relevant facts and the assessment of the sources used, and creating. The Federal Minister of the Interior shall appoint the Chairperson and nine members of the Council, which should have appropriate expertise in the area of asylum or aliens for a lifespan of five years; in any case, a member of the Handelshof and one representative of the High Commissioner of the United Nations for refugees and the Federal Ministry for European and international affairs in order to the Advisory Board. In addition, the Director of the Federal Agency has a seat on the Advisory Committee; It may be in this function by a legally qualified employees of the Federal Agency be represented. The work of the Advisory Board is volunteer. Necessary travel expenses are the members of the Advisory Board to replace. The travel fees rule applies to the reimbursement of travel costs in 1955, BGBl. 133. The Federal Minister of the Interior has regulation to adopt rules of procedure and to provide in this vote the deciding vote coming to the Presidency; In addition, the rules of procedure has in particular the convening, the trace and logging of sessions to govern the decision-making process in the reporting of recommendations and the criteria for the existence of a qualified opinion of reducing.

(5) the State documentation is public. Are public documents that are subject to the confidentiality or otherwise are excluded from file inspection (article 17 General administrative procedures Act 1991 (AVG), BGBl. No. 51), to exclude. Furthermore the Federal Office and the Federal Administrative Court may exclude documents that serve only the internal use of the service, from the public.

(6) the State documentation is available



1. authorities, which operate within the framework of federal enforcement;

2. the ordinary courts;

3. the administrative courts of the Federal and State Governments 4. authorities and representatives of the countries involved in the implementation of the basic supply agreement;

5. the legal counsel (sections 49 to 52 BFA-VG);

6. the courts of public law;

7. the High Commissioner of the United Nations for Refugees (UNHCR);

8. the European Court of human rights (ECHR) and the European Court of Justice (ECJ) and 9 foreign asylum and foreign authorities or foreign courts, as far as reciprocity is free of charge at the disposal. Other authorities or persons have to pay administrative charges which are to be determined by the Federal Minister of the Interior in consultation with the Federal Minister of finance by regulation for providing information.

(7) a user determines pursuant to subsection 6 Z 1, 2, 3 or 5 that information contained in the documentation of the State do not or no longer corresponds to the facts, this is to inform the Federal Office. Other people are entitled to tell these facts to the Federal Agency.

(8) the Federal Office may use third-party in the conduct of the State documentation.

References

6 references in this Federal Act on other federal laws are to be understood as references to the applicable version.

Linguistic equal treatment


§ 7. As far as this federal law to natural persons are related names only in the male form, they relate to women and men in the same way. In applying the term to certain natural persons, the respective gender-specific form is to use.

Entry into force

§ 8. This federal law shall enter into force 1 January 2014.

Article 2

Federal law, with which the General provisions on proceedings before the Federal Office for foreigners beings and asylum on the granting of international protection, granting of residence permits taking into account worthy reasons, deportation, toleration and the issuing of residence-terminating measures, as well as to the exhibition of Austrian documents for foreigners are regulated (BFA procedure law BFA-VG)

Table of contents



1 PART: GENERAL PART







1. main piece: scope and definitions







§ 1.





Scope of application







§ 2.





Definitions







2. main piece: responsibilities







§ 3.





Federal Office for foreign beings and asylum







§ 4.





Representation offices







§ 5.





National Police Directorate







§ 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.





Capacity to act







§ 11.





Deliveries







§ 12.





Notices







§ 13.





Participation of a stranger







§ 14.





Principles of enforcement







4. main piece: proceedings in front of the embassies to the exhibition of Austrian documents for foreigners according to the 11 main piece of FPG







§ 15.





 







§ 16.





 







§ 17.





 







§ 18.





 







5. main piece: safe countries of origin







§ 19.





 







§ 20.





 







§ 21.





 







section 22.





 







6 main piece: detection and discovery service







section 23.





Use of personal information







§ 24.





Criminal treatment







§ 25.





Invitation to the criminal treatment







section 26.





Central Register of foreigners; Joint information system







§ 27.





Use of data in the context of the central register of foreigners







section 28.





Main procedure file; Joint information system







section 29.





Transmission of personal data







section 30.





Reporting obligations of the authorities







§ 31.





Understanding obligations







§ 32.





Admissibility of using the data of the central login register







§ 33.





International traffic







2 PART: SPECIAL SECTION







1. main piece: authority job and organ powers







1 section: Arrest and search order







§ 34.





Detention order







section 35.





Search order







2 section: Participation and powers of the organs of public security







section 36.





Identity checks







section 37.





Power of re-entry







section 38.





Browse by person







§ 39.





Make sure evidence







section 40.





Arrest







section 41.





Rights of detainees







§ 42.





Make the application on international protection with a security authority or in institutions of the public security service







§ 43.





Survey







§ 44.





Power to the criminal treatment







§ 45.





Implementation of the demonstration







§ 46.





Acceptance of cards







§ 47.





Exercise immediate coercive power







2. main piece: legal advice







section 48.





Requirements for legal counsel and legal persons







paragraph 49.





Legal advice in the approval procedure before the Federal Office







§ 50.





Advisory support for asylum seekers in the legal proceedings before the Federal Office







§ 51.





Other legal services







§ 52.





Legal advice before the Federal Administrative Court







3. main unit: costs







section 53.





Reimbursement of costs







3 PART: FINAL PROVISIONS







§ 54.





Linguistic equal treatment







Article 55.





References







Article 56.





Entry into force







§ 57.





Enforcement













1 PART: GENERAL PART

1. main piece

Scope of application and definitions

Scope of application

§ 1. This federal law regulates the General rules for all foreigners, the are in proceedings before the Federal Office for foreign beings and asylum (Federal Office), before the embassies according to the 11 main piece of the Aliens Police Act 2005 (FPG), Federal Law Gazette I no. 100, or a procedure pursuant to section 3 para 2 Z 1 to 6 before the Federal Administrative Court, shall apply. Other procedural provisions in the asylum Act 2005 (AsylG 2005), Federal Law Gazette I remain no. 100, and the FPG.

Definitions

2. (1) within the meaning of this federal law is a legal residence: the stay of a foreigner in Germany according to § 31 para. 1 and 4 FPG.

(2) in addition, the section 2 para 1 1, 2, 8, 10, 11, 13 to 17, 18, 20 to 20, 25 and 27 and paragraph 2 apply Z AsylG 2005 and article 2 par. 3 and 4 Z 1, 2, 2a, 4, 5, 7, 11, 15, 18 and paragraph 5 Z 3 FPG.

2. main piece

Responsibilities

Federal Office for foreign beings and asylum

3. (1) authorities in Austria according to this federal law is the Federal agency with nationwide jurisdiction.

(2) the Federal Office is responsible



1. the granting and the withdrawal of the status of the person entitled to asylum and subsidiary protection liable to strangers in Austria according to the AsylG 2005, 2. the granting of residence permits taking into account worthy reasons according to the AsylG 2005, 3. the arrangement of the deportation, the finding of acquiescence and the enforcement of expulsion decisions by States in accordance with the 7 main piece of FPG, 4. the issuing of residence-terminating measures according to the 8 main piece of FPG , 5. the exhibition of Austrian documents for foreign according to the 11 main piece of the FPG and 6 the notices of payment due of costs in accordance with article 53.

Representation offices

§ 4 (1) abroad is the responsibility



1. the exhibition, the restriction of the scope, the refusal and the abduction by aliens (§ 88 FPG) and Convention travel document (§ 94 FPG), except the first exhibition, as well as 2. issuing return cards for nationals of a Member State (§ 96 FPG) the Austrian embassies.

(2) the local competence to carry out official acts referred to in paragraph 1 is aimed abroad, if not else is determined according to the place of residence of the foreigner. Each consular authorities can operate under the direction of the Federal Minister for European and international affairs.

(3) the alien has a residence in the Federal territory, the territorial jurisdiction abroad depends on the stay of the foreigner.

National Police Directorate

§ 5. FPG or section 40 and the expulsion of a foreigner in accordance with section 46 the enforcement of the detention of a foreigner in accordance with § 76 FPG, as well as to provide and the monitoring of the milder remedy pursuant to article 77 paragraph 3 1 and 2 FPG is Z the country Police Directorate, in whose area is the stranger.

Bodies of the public security service

§ 6. The organs of public security have the Federal Office in carrying out its tasks, in particular in the initial recording Office in the authorisation procedure, to support.

Federal Administrative Court

§ 7. The Federal Administrative Court rules on



1. Appeals against decisions of the Federal Office, 2. Appeals against decisions of the embassies according to the 11 main piece of FPG, 3. complaints against measures immediate command and coercive power in accordance with the 1st part of the 2nd part of the BFA-VG and the 7th and 8th main piece of FPG, 4 complaints of violation of the obligation of decision federal and 5.

Appeals against decisions of the Federal Minister of the Interior in proceedings pursuant to section 3 para 2 No. 1 to 6.

Revision

§ 8. Against findings of the Handelshof on appeals from decisions of the Federal Agency entitled to the Federal Minister of the Interior, to raise revision at the Administrative Court of the notification of the decision to the Federal Office.

3. main piece

General procedural provisions

Protection of private and family life

§ 9 (1) is by a return decision pursuant to § 52 FPG, an arrangement to the non-country accommodation in accordance with § 61 FPG, a designation pursuant to § 66 FPG or a residence ban according to § 67 FPG in the private or family life of the stranger intervened, so the issuing of the decision is allowed, if it is to achieve which in article 8 ECHR urgent objectives available para. 2.

(2) in the assessment of private and family life within the meaning of article 8 of the ECHR are to take into account in particular:



1. the type and duration of the previous stay and the question of whether the previous stay of the foreigners was illegal, 2. the actual existence of a family life, 3. the vulnerability of private life, 4. the degree of integration, 5. the links with the home country of the strangers, 6 the strafgerichtliche integrity, 7 offences against public order, in particular in the field of asylum, immigration authorities - and immigration law, 8 the question , whether the private and family life of a stranger in a time arose in which the participants their uncertain residence status were aware, 9 which is the question of whether the previous stay of the foreigner in the authorities constitutes the attributable overlong delays.

(3) about the admissibility of the return decision pursuant to § 52 FPG is at least justified, especially in light of the fact whether this is inadmissible, in accordance with paragraph 1 in the long term, to deny. The inadmissibility of a return decision pursuant to § is 52 FPG in the long term only if the otherwise imminent infringement of private and family life is based on circumstances, which are not merely temporary by their nature. This is especially the case if the return decision pursuant to § 52 FPG already alone due to the private and family life in terms of Austrian citizens or persons, a Union legal right of residence or a permanent right of establishment (sections 45 and 48 or §§ 51 ff settlement and residence Act (NAG), Federal Law Gazette I no. 100/2005) have, would be inadmissible.

(4) against a third-country nationals who are legally resident on the basis of a residence permit in Germany, a return decision pursuant to § 52 para 4 cannot be adopt iVm 53 para 1a FPG, if



1. it can be before realization of the relevant facts of the case that would have given citizenship in accordance with § 10 para 1 of the Citizenship Act of 1985 (StbG), BGBl. No. 311, or 2. is he small grew up in Germany and here for many years legally established.

(5) against a third-country nationals, which is five years, but not yet eight years was continuously and legally based in the Federal territory, before realization of the relevant facts of the case may due to lack of own funds to his or her maintenance, due to lack of adequate health insurance protection, lack of own accommodation or because of the possibility of the financial burden of a local authority a return decision pursuant to § 52 para 4 conjunction with 53 par. 1a FPG will not be adopted. This applies only if the third-country nationals makes credible the means for his or her maintenance and its health insurance protection using its own forces to secure or to teach other own accommodation, and this seems not hopeless.

(6) against a third country nationals who already eight years was continuously and legally based in the Federal territory before realization of the relevant facts of the case, a return decision pursuant to § 52 para 4 must be taken only FPG if the requirements pursuant to article 53, paragraph 3 are FPG. Article 73 Penal Code (StGB), Federal Law Gazette No. 60/1974 applies.

Capacity to act

§ 10 (1) for the admission of the ability to act in proceedings before the Federal Office before the embassies according to the 11 main piece of the FPG and in a procedure pursuant to section 3 para 2 is no. 1 to 6 before the federal administrative court regardless of the nationality of the foreigner Austrian law.

(2) in proceedings before the Federal Office and the Federal Administrative Court, each parent for himself to the representation of the child is entitled. The statements by both parents in marital children, conflict with the time earlier explanation is relevant; the abandonment of an appeal can not be placed against the declared will of a parent. The representation of the illegitimate child is with conflicting explanations of the parents of the mother, if not the father alone is entrusted with the custody.

(3) a mature minors, whose added interests can not be perceived by his legal representative is entitled to make an application for international protection, to introduce and to put procedural main piece of the FPG in accordance with 8 to his advantage. Legal representative for proceedings before the Federal Office and the Federal Administrative Court is using the application for international protection in the first place of recording (§ 17 par. 2 AsylG 2005) the legal adviser (§ 49), after approval of the procedure and after assignment to a care place the locally competent youth welfare institution of the Federal State, in which the minors of a supervision authority was assigned to. Contradicts the legal adviser (§ 49) before the first hearing in the procedure of approval of a recent survey (§ 19 ABS. 1 AsylG 2005) this is a consenting minor, in the presence of legal counsel to repeat.

(4) is against a minor, the added interests can not be perceived by his legal representative and has not tabled a request for international protection, a procedure for the termination of stay according to the 8 initiated main piece of the FPG is so from this date for all other procedural steps before the Federal Office and the Federal Administrative Court of the youth welfare institution in whose jurisdiction the minor resides, legal representative.

(5) eludes the mature minor to the procedure referred to in article 24, paragraph 1 AsylG 2005 or no legal representative can be other reasons after para 3 determine the youth welfare institution which last came to the legal representation, legal representative according to paragraph 3 again a legal representative has been determined. The legal representation held in the previous procedure of only the legal adviser (§ 49), this legal representative remains until the legal representation for the first time drops to a youth welfare carrier pursuant to paragraph 3.

(6) an underage minor, whose added interests can not be perceived by his legal representative is entitled to make an application for international protection, as well as to put procedural main piece of the FPG in accordance with 8 to his advantage. The legal adviser (§ 49) from arriving in the first recording point of legal representative is a minor minor, whose added interests can not be perceived by his legal representatives. Such aliens may only be interviewed in the presence of the legal counsel (paragraph 49) (§ 19 ABS. 1 AsylG 2005) are. In addition the par. 3 and 5 shall apply.

Deliveries

§ 11 (1) the first recording job, where the asylum seeker resides or the accommodation of asylum seekers is supplied, are delivery point for a personal service under the Federal Act on the service of official documents - ZustG, Federal Law Gazette No. 200/1982. A contact point in accordance with § 19a section 2 Registration Act 1991 (MeldeG), Federal Law Gazette No. 9/1992, is in proceedings before the Federal Agency no place of delivery within the meaning of the ZustG.

(2) charges in the authorisation procedure only the asylum seekers are personally and - as far as a representation exists according to § 10 or is procedural acts, where the legal adviser (§ 49) present must be a legal adviser to place (paragraph 49). The asylum seekers has also an estates agent who is by the legal adviser (§ 49) loads and the State of play as soon as possible to communicate if the asylum seeker so desires.

(3) in the case of deliveries of reverse or repellent decisions associated with an enforceable residence-terminating measure, is, as far as the asylum seekers at the time of delivery of de facto deportation (§ 12 AsylG 2005) or a right of residence pursuant to § 13 AsylG 2005 comes to anyway, to refer to the asylum seekers as receiver. Is if a delivery to a place of delivery (§ 2 Z 4 ZustG) made, it has to by organs of public security take place, as far as not was granted a period of voluntary departure and delivery is not carried out by its own organs of the Federal agency or the Handelshof. A possibly necessary deposit has to be made at the nearest station a National Police Directorate. The asylum seekers has a delivery agent, is to deliver on this. Periods dependent on the delivery begin to run only with delivery to the delivery agent.


(4) paragraph 2 and 3 shall not apply for applications by asylum seekers, who have a right of residence based not on the provisions of the 2nd and 3rd main piece of AsylG 2005 at the time of the intended delivery.

(5) a notification on the basis of information of the stranger to his age on a legal adviser (paragraph 49) or youth welfare carrier (§ 10) as the legal representative, is entered this is also effectively causes if the stranger at the time of delivery is of legal age.

(6) delivery to residents who only have a primary residence confirmation in accordance with § 19a MeldeG and are therefore a reporting obligation pursuant to § 13 para 2, can be done especially through the organs of public security on the occasion of this reporting obligation. Also, the notification of the decision referred to in Article 12a para 4 AsylG can be 2005 by organs of the public security service.

(7) a stranger, whose de facto deported shall be repealed (section 12a paragraph 2 AsylG 2005) or not becomes a de facto deportation (section 12a paragraph 1 or 3 AsylG 2005) and against an upright residence-terminating measure is enforced, is proven to instruct, that he can use for delivery a delivery agent and that he has to disclose his whereabouts and address the Federal Office abroad and to report changes as soon as possible (§ 15 para 1 No. 4) AsylG 2005). In addition, the mailing address of the Federal Agency and the Handelshof is him to communicate. A written leaflet in a language he understands is him as far as possible, be issued. Deliveries have the Federal Office in these cases, as far as possible, on the last or the Federal Administrative Court known delivery address to be carried out; is the delivery address abroad, the delivery by making the decision at that address is regarded as causes. § Apply 24 AsylG 2005.

(8) the stranger has a delivery agent, delivering a thrust detention notice also at the time as a place where a copy is actually come to the strangers shall apply. The delivery of a further copy on the ad litem is to get immediately in these cases.

(9) the third-country nationals, who has filed an application for a residence permit at the Federal Agency, the Federal Agency has a delivery address and in the case of their change during the procedure the new delivery address immediately to announce. The personal service of a summons or a procedural order to once again is not possible, the procedure to set if the third-country nationals with application was informed of this fact.

Notices

§ 12 (1) the decisions of the Federal Agency and the Handelshof have the verdict and the appeal in one of the Fremdenverständlichen language or in a language to include in which reasonably can be assumed, that he understands it. An incorrect translation constitutes only the right to be reinstated AVG under the conditions of § 71.

(2) the application for international protection in accordance with § 4 is AsylG 2005 as inadmissible rejected as statutory provisions and a are the decision of the Federal Office one held this language translation of the relevant also in the official language of the safe third country enclose written confirmation that the application for international protection because of the protection existing in the safe third country has not been tested and that the tabled complaints a suspensive effect was not recognized to against the decision of the Federal Office.

Participation of a stranger

Section 13 (1) the stranger has to the proceedings before the Federal Agency, in particular to participate in a criminal treatment.

(2) a stranger has only a primary residence confirmation in accordance with § 19a MeldeG, so he has starting with the first working day after the exhibition the main residence confirmation of contact point in accordance with 2 MeldeG nearest Service Center a national police headquarters to report section 19a, para 1 No.; Fourteen active This shall not apply in the case of asylum-seekers in the admission procedure. A breach of this reporting obligation does not exist if for the strangers meet was demonstrably impossible or unreasonable.

(3) manages the stranger not, a claimed and to prove dubious minority to which he refers in a procedure before the Federal agency or the Federal Administrative Court on the basis of the previously present findings of the investigation through safe certificates or other appropriate and equivalent Bescheinigungsmittel can the Federal agency or the Federal Administrative Court in the framework of a multifactorial study methodology the age of diagnosis (§ 2 ABS. 1 Z 25 AsylG 2005) also performing radiological examinations , in particular X-ray examinations, map. Each method has to be made of possible interference with the lowest. The participation of a stranger at a radiological examination is not with coercive measures to enforce. After the age of diagnosis still reasonable doubt, is to assume his minority for the benefit of strangers.

(4) manages a stranger not a claimed relationship to which he refers in proceedings before the Federal agency or the Federal Administrative Court, to prove through safe certificates or other appropriate and equivalent Bescheinigungsmittel, has him carrying out of a DNA analysis to the Federal agency or the Federal Administrative Court upon his request and at his expense. The stranger is to teach about this possibility. The lack of desire of strangers on carrying out of a DNA analysis is not the stranger's refusal to contribute to the clarification of the facts of the case. Only the information about the family relationship may be processed in the proceeding; possibly also detailed data is to delete. The Federal agency or the Federal Administrative Court has to reimburse the costs of DNA analysis at the request of the alien, if the alleged relationship was determined by the DNA analysis-based advice and staying of foreigners in Germany.

(5) in the context of assessing the credibility of the claim of a stranger, caution is to take on the participation in the proceedings.

Principles of enforcement

§ 14. The Federal Agency, the National Police Directorate and the organs of public security have articles 2, 3 and 8 of the Convention in the exercise of their duties according to this federal law, the AsylG 2005 and 7, particularly to note 8 and 11 main piece of FPG.

4. main piece

Proceedings before the embassies to the exhibition of Austrian documents for foreigners according to the 11 main piece of FPG

Applicant under the guidance of the authority have section 15 (1) in proceedings before the embassies for the determination of the relevant facts of the case to submit necessary documents and evidence itself. Para 2 and 3 AVG apply the articles 13 para 3, 37, 45.

(2) via written or niederschriftlichen application by the party, the decision pursuant to § 14 is also in writing to be issued; Here are the relevant statutory provisions to lead; except the decision a further justification is not required.

§ 16. The copy requires the designation of representative authority, the date of the decision and the signature of the approving manager. the seal of the Republic of Austria can be used in place of the signature, provided that the identity of the approvers in the Act is understandable. Delivery is by passing in the consular authorities or by post means to be carried out.

§ In the case of beneficiary third country nationals are 17 decisions pursuant to § 15 in writing in a way to execute, that the person concerned can understand the content and effect. The reasons of public order, accurately and comprehensively to communicate security or public health, that underlie the decision relating to him, are the persons concerned, unless reasons of security to oppose the Republic Austria of this communication. The Appeals Board also is to specify in the written copy of the explanatory statement.

§ 18 is issued the decision in the matter within six months after the introduction of the request, in the cases of § 15 how the written copy not within two months after the request, the responsibility for the decision or copies on written request to the Federal Minister of the Interior. Such a request is to engage directly with him. Sections 15 to 17, he has to apply for the decision or execution. The request is reject, if the delay not only on a fault of the representative authority is due.

5. main piece

Safe countries of origin

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


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

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

(4) other safe countries of origin are



1. Australia;

2. Iceland;

3. Canada;

4. Liechtenstein;

5. New Zealand;

6 Norway;

7. the Switzerland.

§ 20. The Federal Government is authorized to determine by regulation that asylum applicants who are from one State of origin referred in section 19 subsection 4, the suspensive effect no longer can be deprived of complaints.

§ 21. The Federal Government is authorized to determine, by regulation, that others called States are considered in article 19 para 4 as safe countries of origin.

section 22. In regulations made pursuant to sections 20 and 21 is in particular on the existence or absence of State persecution, to be taken into account protection from private persecution and legal protection against any violations of human rights.

6 main piece

Detection and discovery service

Use of personal information

The Federal Agency and the Federal Administrative Court may use PII only 23 (1), as far as this is necessary for the fulfilment of the tasks assigned to them.

(2) the Federal Office and the Federal Administrative Court may process only personal information third parties, if its from eligibility from the total amount of stored data is not provided. This does not preclude a Beauskunftung of the total number of records relating to these third parties together with an indication of the respective contracting authority of this processing insofar as this takes place only within the framework of the processing of data of a stranger, an official act immediately refers.

(3) data determined according to this Federal Act are physically not later than to delete,



1. If the person concerned the nationality of a Member State is awarded, 2 or 3 ten years after final decision of proceedings before the Federal agency or the Federal Administrative Court or after withdrawal, setting or abstraction an application if the death of the person concerned is known the Federal agency or the Federal Administrative Court and five years have gone by since then. This does not apply if there is a permanent ban or a permanent ban on residence against the persons concerned.

Criminal treatment

24. (1) the Federal Office is empowered them to treat a stranger who has reached the age of 14, when



1. it is a request for international protection, 2. the status of asylum beneficiaries pursuant to § 3 para 4 AsylG 2005 should be granted, 3. a residence permit pursuant to the provisions of the 7 main piece of AsylG 2005 should be granted, 4. He is in detention is located, 5 he was arrested under this Federal Act, 6 against him was issued in a measure terminating a residence, suspected of 7 , it was adopted a still applicable entry or residence ban against him under a different name, 8 a fiancé or a Convention travel document to be issued, or 9 finding its identity is otherwise not possible.

(2) the criminal treatment and person identification can be carried out by organs of public security. You to intervene in this case for the Federal Agency.

(3) the representative authorities are empowered them to treat strangers in the cases of paragraph 1 Z 8.

(4) sections 64 and 65 paragraph 4, 5, first sentence, and paragraph 6 Security Police Act (SPG), Federal Law Gazette No. 566/1991, as well as § 73 para 7 SPG apply. A person finding can be made in the cases of paragraph 1 Nos. 1 to 5 and 8.

Invitation to the criminal treatment

Section 25 (1) has the Federal Office to inform a stranger, it has to undergo a criminal treatment, to solicit and him about the reason of the criminal treatment. A written leaflet about is him to follow, that is drafted in a language which he understands or a language in which reasonably be assumed can that he understands it. The interested party has to participate in the criminal treatment.

(2) the party concerned in the case of section 24 para 1 fails to Nos. 4 and 5 of the prompt, the organs of public security are authorized to demonstrate those concerned to carry out the criminal treatment before the Federal agency or to a service center to be determined by the Federal Office of National Police Directorate; the detention for this purpose is only as long as permitted by law, as a successful of criminal treatment in accordance with § 78 SPG appears not hopeless.

(3) the person concerned except in the cases of § 24 para 1 does not comply Z 8 of the prompt, is him, if he is not in custody, to impose the obligation to cooperate with notice. The decision can be a charge (§ 19 AVG) be connected to the criminal treatment. § Apply 78 SPG.

(4) criminal data of stranger, a security authority lawfully processed according to the SPG, may be determined in the cases of § 24 para 1 Z 1 to 8 of the Federal Office and are processed according to the provisions of this Federal Act. The stranger is to set about this discovery in a way the circumstances in knowledge.

Central Register of foreigners; Joint information system

Section 26 (1) the Federal Minister for Home Affairs is empowered, a central register of foreigners as a joint information system (§ 4 Z 13 DSG 2000) to operate. The Federal Minister of the Interior has both the function of the operator in accordance with § 50 DSG 2000 as well as a service provider within the meaning of § 4 sub-para. 5 data protection Act 2000 (DSG 2000), Federal Law Gazette I no. 165/1999 from. Data protection clients are the Federal Office, the Federal Administrative Court and the authorities after the NAG and the National Police Directorate.

(2) personal data which are processed in accordance with paragraph 1 are for access of the Federal Office, the Handelshof, the authorities after the NAG and the National Police Directorate as contracting locking, as soon as the conditions for storage have fallen away or otherwise no longer needed the data. After a period of two years, the data are physically to delete. During this time, the block for purposes of auditing the correctness of intended other storage referred to in paragraph 1 can be lifted.

(3) the Federal Agency, the Federal Administrative Court and the authorities after the NAG as well as the National Police Directorate are client committed, permanent, processed in accordance with paragraph 1 personal data to which access is not locked and the six years have remained unchanged, to review whether not the conditions referred to in paragraph 2 for a lock already exists. Such records are after another three months in accordance with para block 2 for access, except where the principal would have previously confirmed that the basic key for storing persists or not other deletion obligations according to § 23 paragraph 3.

(4) If criminal data in the central register of foreigners are processed, they are in the local application to delete.

(5) § 23 paragraph 3 applies data processed in the central register of foreigners.

Use of data in the context of the central register of foreigners

Section 27 (1) the Federal Minister for Home Affairs, the Federal Office, the representative authorities, the Federal Administrative Court and the authorities NAG after as well as the National Police Directorate may



1 names 2. gender, 3. earlier, 4. date of birth and place of birth, 5 residential addresses, 6 nationality, 7 names of the parents, 8 alias data, 9 exhibition exhibition data and numbers medical documents, 10. any notes about the danger in intervention including sensitive data, unless they are used to protect vital interests of others is necessary 11 data, for the entry and residence and for the admissibility of the detention in remand are decisive , 12 wanted data on the arrest under this Federal Act, 13 photographs, 14 Papillar line prints of fingers, 15 signature, 16 verbal description of external physical characteristics, 17 multifactorial survey on the age of diagnosis, 18 results of a DNA analysis to detect a kinship relationship and 19 the social security number of a stranger in the foreign register (section 26) jointly process.


(2) questions from the register of foreigners are allowed only if the stranger is determined at least by name, a number associated with it, or a Papillar line imprint. Data may be used for purposes of § 32 para 2 request criterion validity entry and residence permits. As far as not an imprint of Papillar line is used as a selection criterion, Papillar line prints and signature may be only beauskunftet if this represents a necessary condition for the performance of a public task.

(3) third-party personal data may be processed only if their from eligibility from the total amount of stored data is not provided. This does not preclude a Beauskunftung of the total number of records relating to these third parties together with an indication of the respective contracting authority of this processing insofar as this takes place only within the framework of the processing of data of a stranger, an official act immediately refers.

(4) alphanumeric data, photographs, Papillar line imprints and signatures are physically separated to process. Each query and transfer of personal data from the central collection of information shall be recorded that the admissibility of the carried out using operations is verifiable so. The log records are to be kept three years.

Main procedure file; Joint information system

Section 28 (1) the Federal Office and the Federal Administrative Court are empowered, the measured process data, process information about applications, to process decisions and remedies, together. The Federal Minister of the Interior carries it for the Federal Agency and the Federal Administrative Court both the function of the operator in accordance with § 50 DSG 2000 as also the service provider within the meaning of § 4 Z 5 DSG 2000 in.

(2) the Federal Office and the Federal Administrative Court are empowered by the authorities after the NAG as well as processed by the National Police Directorate processes data to determine if this is strictly necessary for the fulfilment of their tasks.

(3) questions from the central file of procedure are allowed only as far as this task entrusted to main piece of the FPG is required one by this federal law, the AsylG 2005 or the 7th, 8th and 11th to the care and the stranger is determined at least by name, a number associated with it, or a Papillar line imprint.

(4) § 23 para 3 apply data processed in the central procedure file.

Transmission of personal data

Section 29 (1) the data processed in accordance with sections 27 para 1 as well as 28 may be transferred following recipients, unless they need it to fulfill the tasks assigned to them:



1. the security authorities (§ 4 SPG), 2. the public prosecutor authorities, 3. the civil and criminal courts, 4. administrative courts of countries, 5. the Office of the High Commissioner of the United Nations for refugees in Austria, 6 the parties to an agreement for establishing the State responsible for examining an asylum application or an application for international protection or the authorities of the States to apply the Dublin Regulation have , 7 foreign authorities responsible for enforcement of the Geneva Convention, when establishing identity and granting asylum without a delivery on these authorities is not possible and ensure that such data are available not the authorities of that State, in which asylum seekers or the refugee claims to fear persecution, 8 the Austrian embassies, 9 the authorities after the NAG , 10 the citizenship authorities, 11 the civil status authorities, 12 the 13 authorities entrusted with the enforcement of the aliens Employment Act the financial law enforcement, 14 the youth welfare institutions, 15 the legal advisers (paragraphs 49 to 52).

In addition, transfers are allowed only if this is an express statutory authorization.

(2) which may in accordance with article 27, paragraph 1 Z 1 to 11 and data processed in accordance with § 28 following recipients delivered these, as far as they need to carry out the tasks entrusted to them:



1. institutions of the Federal and State Governments, the tasks for the fulfilment of the basic supply agreement to understand, the labour market service and the care and integration assistance facilities of authorities, 3. entrusted 2. area health insurers and the main Association of Austrian social security institutions, and 4. the Federal Ministry for European and international affairs.

(3) allowed Z 1 to 9 and 11 data processed in accordance with article 27, paragraph 1 the login authorities provided these are, as far as they need to fulfil the tasks assigned to them.

Reporting obligations of the authorities

30. (1) the security authorities have to transmit criminal data prepared for them by strangers the Federal Office, of which the Federal Office in the context of criminal treatment in accordance with § 24 has identified different data of same type.

(2) the security authorities are the Federal Office and - as far as an appeal is pending - the Federal Administrative Court by the suspicion of committing an offence to tell strangers under notification of significant circumstances.

(3) the representative authorities (article 35, paragraph 1 AsylG 2005) have to inform the Federal Office all official acts with respect to persons over which they have knowledge of proceedings pending in the Federal territory because an application for international protection.

(4) the authorities of the Federal, State and municipal, the offices of the public employment service as well as the carriers of social security, that legally have data, are authorized and obliged to transmit these data the Federal Office if this needs the data to carry out an action or proceedings before the Federal Office on request. A denial of the information is not allowed. The data are immediately to delete when they are no longer needed for the fulfillment of the specific purpose.

(5) the criminal courts have surveys by charges of intentionally committed criminal acts, the resignation of the trace of the crime, the setting of the criminal proceedings, the acquittal, final convictions in connection of the judgment copy, the imposition and lifting of pre-trial detention, the prisons and the judicial prison houses the beginning and the end of a prison sentence of strangers to inform the Federal Office. This communication by electronic transmission of this data to the Federal Office must be in accordance with the technical possibilities (§ 15 para 1 b HCP). The forwarding of the information to another instance of any competent incumbent on the Federal Office.

(6) the citizenship authorities have to notify the Federal Agency the award of citizenship to a stranger.

(7) the civil status authorities have requests on marriage or on grounds of a registered partnership of third-country nationals who are not beneficiaries of third-country nationals, to inform the Federal Office.

(8) the district administrative authorities have requests for change of name and the civil courts to communicate requests for adoptions by foreigners the Federal Office.

(9) the driving licence authorities have to notify the Federal Agency the exhibition of a driver's license to a stranger.

Understanding obligations

Section 31 (1) has a notification pursuant to § 30 para 5 to submit the Federal Office the Federal Administrative Court, insofar as the proceedings of this.

(2) the Federal Office and in cases no. 2 the Federal Administrative Court, if the process before this is pending, the Directorate of the national police to communicate:



1. from the violation of a reporting obligation pursuant to § 15a AsylG 2005, 2nd by the breach of a reporting obligation pursuant to § 13 para 2, when against the asylum seekers to the issuing of a residence-terminating measure in accordance with § 27 2005 was initiated proceedings AsylG and 3rd from committing an offence under the FPG.

(3) the Federal Minister for Home Affairs is obliged to inform the citizenship authorities return decisions that override and bans on stay informed. For this, he told them on the occasion of lock according to § 26 para 2 the basic data set of strangers and data of of override that decision to submit.

(4) information relating to residence-terminating measures is the competent authority for the implementation of the administrative penal proceedings after the aliens Employment Act (aliens), Federal Law Gazette No. 218/1975, (§ 28 aliens) to provide.

Admissibility of using the data of the central login register

Section 32 (1) in a query after the Registration Act opened the Federal Office in the central register can be provided from eligibility from the total set of all data that is processed in the central register next to the name even after the home address, if this is necessary for the performance of the tasks entrusted to the Federal Agency.

(2) the Federal Minister for Home Affairs is empowered to match the data processed in the central register registered the person records that foreigners whose residence permit is no longer valid. A upright login exists despite expired validity of the residence permit he has to communicate the Federal Office.


(3) the Federal Minister of the Interior has to undergo this scrutiny practicality a year after inclusion of the measures referred to in paragraph 2 and to report the data protection Council.

International traffic

33. (1) unless the Federal Government pursuant to article 66 (2) is authorized B-VG for the conclusion of international treaties, can complete them under the condition that reciprocity is granted and is privacy levels comparable to Austria, intergovernmental agreements on the submission of data in accordance with articles 27 or 28, which are required for the purposes referred to in section 29. This is to reserve the transfer of this data to the Federal Minister of the Interior and to provide that the deletion of data from under the same substantive conditions such as in Germany and that nationals of the Contracting States from the scope of these agreements are excluded.

(2) personal data of strangers that were submitted on the basis of an agreement concluded in accordance with paragraph 1 from abroad may be processed in the central collection of information.

(3) the transfer of personal data of foreigners to their country of origin is not permitted, unless it is data, which are required to obtain a replacement travel document.

(4) the transfer of personal data of an asylum advertiser in the State of origin is not allowed, without prejudice to paragraph 5. However, data that are required in order to obtain the necessary entry permits, may be transmitted if the application - has been if also not legally binding - off or rejected or a de facto deportation not comes to the asylum seekers. The fact that an application for international protection has been made, may not emerge in such a transfer.

(5) the transmission of personal data to the country of origin for the purposes of the security police and the criminal justice is however allowed, if



1. This is a safe country of origin, 2. the requirements of article 27 par. 3 2005 a procedure for the issuing of a residence-terminating measure was initiated Z 2 to 4 AsylG or 3rd in first instance - if also not legally binding - back of the application for international protection or both was dismissed in regard to the granting of the status of the asylum owner as also the status of the subsidiary protection beneficiary. The fact that an application for international protection has been made, may not emerge in such a transfer.

2 PART: SPECIAL SECTION

1 main pieces:

Body powers and authority order

1 section:

Arrest and search order

Detention order

34. (1) the Federal Office can arrange the arrest of a stranger (detention order), if this



1 2 injured requirements pursuant to § 56 para 2 or 71 FPG, or 2 is not legally resident in the Federal territory and does not fall within the scope of the 6th main piece of the FPG.

(2) the Federal Office may order the arrest of a stranger without issuing a thrust detention notice when to assume on the basis of certain facts is that there are the conditions for the issuing of a residence-terminating measure and



1. the stranger without adequate excuse of a charge made to his own hands, this coercive means was threatened, did not order or 2. the stay of aliens not could be determined.

(3) a detention order may be issued against an alien even.



1. If the conditions to impose detention FPG or releasing to the arrangement means in accordance with article 77, paragraph 1 FPG which pursuant to section 76 and the demonstration before the Federal Office is not for any other reason;

2. If he committed to leaving the country (§ 52 para 8 and 70 para 1 FPG) is not fulfilled;

3. If against the stranger an order for deportation (§ 46 FPG) should be adopted or 4 If, without adequate excuse of a charge issued to him on own behalf pursuant to § 46 para 2a FPG, in this coercive measures, he was threatened for questioning to clarify his identity and origin, in particular for the purpose of obtaining a replacement travel document to the competent foreign authority by the authority , did not result.

(4) the Federal agency may order the detention of an asylum advertiser, when he



1 is has withdrawn the proceedings (section 24 para 1 AsylG 2005), or 2. which pursuant to § 24 para 4 Z 2 AsylG 2005 unjustifiably has removed from the initial recording site.

(5) the arrest order is issued in exercising administrative regulatory authority; He is on record to make. The detention on the basis of an arrest order must exceed 72 hours and is to end after carrying out the necessary procedural steps.

(6) in the cases of paragraph 1 to 4 is the parties on his desire to deliver a copy of the arrest order immediately or within the next 24 hours.

(7) the detention of a stranger, a detention order was issued against the, is notified to the Federal Agency. This has to be communicated, if the stranger in an initial recording or regional Directorate is.

(8) a detention order shall be revoked if



1. the procedure for the granting of the status of the person entitled to asylum was discontinued and the continuation of the proceedings is no longer permitted (section 24 para 2 AsylG 2005), 2. the asylum seekers from private announces his whereabouts the Federal agency or the Federal Administrative Court and not on the basis of certain facts is, he will again evade the procedure or 3. the asylum seekers in the admission policies of its own reflected a at the initial point of the recording and is not likely to take on the basis of certain facts , he will be from this again unjustly removed.

(9) the Federal Office has the issuing and revoking an arrest order to announce the National Police Directorate.

Search order

35. (1) is to assume that a foreigner against whom a detention order has been issued or detention should be imposed, is in certain premises, can the Federal Office, if it is deemed necessary to the enforcement of the arrest order or the enforcement of the thrust detention notification, place the order the organs of public security, to enter premises and to search on the basis of certain facts.

(2) the order referred to in paragraph 1 is made in the exercise of administrative authority the power to command. Was searching is concerned at the request of the intervening organ of the public security service as soon as possible, in any case within 24 hours, to confirm in writing.

2 section:

Participation and powers of the organs of public security

Identity checks

36. (1) the organs of public security are authorized to determine the identity of a person,



1. when to assume on the basis of certain facts is that exists against them an arrest order (section 34) or 2 if to assume on the basis of certain facts is, would you as a stranger outside the are, their stay is limited to the.

(2) the identification is collecting the names, date of birth, nationality and the residential address of a person in whose presence. It has to be done with the reliability offered by the occasion.

(3) the organs of public security have people whose Identität should be determined, to inform them. Every person concerned is obliged to participate in determining his identity and to tolerate the immediate enforcement of the identification.

Power of re-entry

37. (1) the organs of public security are authorized to enter land, rooms, facilities, jobs and vehicles, as far as a search order (§ 35) and it is necessary for the enforcement of this order.

(2) in the cases of paragraph 1 is immediately or within the next 24 hours, a certificate of the entering and the reasons of entering to ensure the parties at his request.

Browse by person

38. (1) the organs of public security are authorized for the purpose of securing of evidence (§ 39) to browse the clothing and carried containers of a stranger, if



1 this under this Federal Act is arrested, 2. is suspected, that this is not lawful in the Federal area resident and evidence with him has, the for its deportation of importance, 3. this the primary recording location is, 4. its screening pursuant to § 45 para 1 is omitted or 5 this brings an application for international protection, unless in cases of Z 3 to 5 can not be excluded , that leads with foreign objects and documents that may shed light on his identity, his nationality, his itinerary, or his escape reasons, and also not on call shall submit them. Before a search is to ask the stranger, voluntarily give out any accompanying evidence.

(2) in addition, the organs of public security are authorized to search, if it can be to assume on the basis of certain facts relating to an agreement that the asylum seekers leads documents and items whose publication he Z is 5 AsylG 2005 obliged pursuant to § 15 para 1 and are these not voluntarily out at prompt the clothing and carried containers of an asylum advertiser.

Make sure evidence

39. (1) the organs of public security are authorized to ensure objects and documents that are needed for a procedure before the Federal agency or for a deportation pursuant to § 46 FPG as evidence, for the time being.

(2) evidence are items or documents that are required in the course of the enforcement of a return decision, an expulsion or a residence ban, in particular for obtaining a replacement travel document for the expulsion.

(3) on the securing of evidence a written confirmation to follow out; is the affected the evidence for passed the Federal Office and from this, once they no longer for procedures or required for a deportation are to reset the person concerned, unless they were to ensure another federal law.

Arrest

40. (1) the organs of public security are authorized to arrest a foreigner for the purpose of the demonstration before the Federal Office



1 against a detention order (section 34) is 2. when these requirements pursuant to § 56 para 2 or 71 paragraph 2 injured FPG or 3 which is not legally resident in the Federal territory and does not fall within the scope of the 6th main piece of FPG.

(2) the organs of public security are authorized to take asylum seekers or foreigners who have made an application for international protection, for the purpose of the demonstration before the Federal Office, if



1. this stranger not to stay in the country is entitled, 2 against them was an enforceable - if not final--terminating a residence activity according to the 8 was enacted main piece of FPG, 3. against these after § 27 AsylG 2005 initiated proceedings for the issuing of a residence-terminating measure, 4 against them prior to submission of the application for international protection was enacted an enforceable residence-terminating measure according to the 8 main piece of the FPG or 5 on the basis of the results of the survey. , to accept the screening and treating criminal is, will reject the request of strangers on international protection due to lack of jurisdiction in Austria for testing.

(3) in the cases of paragraph 1 and 2, the arrest may be omitted if it is ensured that the stranger immediately leaves the Federal territory at an external border.

(4) the Federal Office is without contact undue delay about the arrest took place. The detention of a stranger is in the cases of paragraph 1 Nos. 2 and 3 and paragraph 2 up to 48 hours and, in the cases of paragraph 1 Z 1 to 72 hours allowed. In addition, detention only in accordance with § 77 para 5 is FPG or in remand pursuant to § 76 FPG possible. Carrying out of the arrest about his desire to confirm in writing is the detained foreigners.

(5) the organs of public security are authorized to prevent asylum seekers, who are not entitled to stay in the country until this - as far as this is allowed - been Gypsies treated (section 44) and searched (§ 38) leaving the original recording spot.

(6) during the admissibility of securing the rejection in the airport procedure, the organs of public security are authorized to prevent a rejected asylum seekers in the Federal territory to travel as far as it is not allowed to him.

Rights of detainees

41. (1) is any arrested pursuant to section 40 para 1 and 2 first to teach in a language which he understands of the reasons for his arrest.

(2) at the request of such detained, the consular representation of the country of his origin is immediately of his detention to teach. § 36 para 4 SPG apply VStG and § 47.

Make the application on international protection with a security authority or in institutions of the public security service

A stranger who is entitled to reside in Austria, a request for international protection with a security authority is section 42 (1) or it is a body of the public security service, prompting, to introduce this motion within fourteen days in an initial place of recording. The submission of the application by means of a written notification to note is the Federal Office.

(2) is a stranger, which is not allowed an application for international protection with a security authority or an organ of the public security service, to stay in Austria, he is of organs of public security to secure the return decision to demonstrate the arrangement to the non-country accommodation or the designation of the primary recording location. Also is a stranger, who has made an application for international protection pursuant to paragraph 1 and before insertion and abstraction (§ 25 para 1 AsylG 2005) the application for international protection but after his right of residence enter is, to demonstrate the first recording point.

Survey

§ 43. The organs of public security have a stranger,



1. the the first recording point is;

2. the demonstration is omitted pursuant to § 45 para 1 or 3 of a request for international protection brings and this procedure still no survey has undergone, a first survey (§ 19 ABS. 1 AsylG 2005) to undergo.

Power to the criminal treatment

§ 44. The organs of public security have a stranger who has reached the age of 14 and



1 to present of the primary recording location is possible to treat 2. its screening is omitted pursuant to § 45 para 1 or 3 has introduced a request for international protection, as far as this is not already done.

Implementation of the demonstration

45. (1) before is carrying out the demonstration before the Federal Office to announce this to the Federal Agency. This can have, that the demonstration has to be avoided, if



1. This is not required for the further proceedings or 2nd question strangers on thrust, criminal or pre-trial detention is suspended or 3 due to unforeseeable circumstances in particular the supply of the asylum advertiser at the initial point of the recording is not possible.

(2) at the latest at the same time with the screening (§ 42 para 2) have the log of survey, as well as a report from the time, place and circumstances of submission and information on information on the nationality and the itinerary, in particular the place of crossing the border, arise, to submit the presenter organs of public security the Federal Office.

(3) the demonstration referred to in paragraph 1, does not take place so the Protocol is para. 2 of the survey and the report as soon as possible to provide the Federal Agency.

Acceptance of cards

§ 46. The organs of public security and the security authorities (§ 4 SPS) are authorized in 2005 to remove cards in accordance with sections 50 to 52 AsylG anyone, if



1. the cards were withdrawn (section 53 para 1 AsylG 2005);

2. to reset them (section 53 para 2 AsylG 2005) or 3 these are held by persons, for which the card is not issued, unless unless it's legal representatives of minors.

Accepted cards are to submit the Federal Office.

Exercise immediate coercive power

Section 47 (1) enforcement of powers according to this main piece of the organs of public security for the exercise of direct coercive power are authorized; the organs of public security have to threaten the parties concerned the exercise of direct coercive power and to advertise. You have to stop the exercise as soon as the aspired success was achieved, which shows that he cannot be achieved in this way or the aspired success disproportionate to the procedure required for the enforcement is. A threat of life or sustainable health is in any case inadmissible.

(2) Nos. 3 to 5 and paragraph 2, would be to enforce a power pursuant to section 38, subsection 1 39 para 1 as well as 44 the overcoming of resistance of the person concerned required have the authorized organs of the Federal Office (§ 2 para 5 BFA-G) to request an organ of the public security service to the completion of the official act.

2. main piece

Legal advice

Requirements for legal counsel and legal persons

48. (1) have legal advisers to prove:



1. successful completion of law studies, 2. through the successful completion of studies with minimum duration of four years, including a three-year activity of the aliens or 3 one of at least five years continuous activity in the area of the aliens.

(2) legal advisor are independent and have their tasks to carry out instruction-free. You have to carry their consulting work objectively and to the best of our knowledge and are required in carrying out their responsibilities to maintain official secrecy.


(3) a legal adviser is to provide guarantee for the duration of his contract for its reliability and to include that's suitable any behavior



1. the conscientious performance of his/her duties to restrain, 2. to give the impression of a conflicting duties carrying out his duties or 3. compromising the secrecy.

(4) the selection of legal advisers in accordance with sections 49 to 51 shall be the Federal Minister of the Interior, the selection of counsel pursuant to section 52 shall be the Chancellor.

(5) the duration of the respective legal advice depends on the contract to be concluded with the Federal Minister of the Interior or the Chancellor. Re-appointment established no permanent contract as legal counsel. A counsel repeatedly and persistently commits breaches of his obligations, may be terminated his contract with immediate effect.

(6) the Federal Minister of the Interior and the Federal Chancellor also legal persons can entrust with the provision of legal advice in accordance with sections 49 to 52.

(7) the entrustment is only permitted, if the legal person in particular



1 2 on a sufficient number of interpreters to support which can access legal advice has a sufficient number of legal advisors to the comprehensive legal advice in the Federal territory, 3. ensure regular training for the legal adviser employed by you, has 4 of the necessary financial and technical resources, which will ensure a comprehensive legal advice and interpretation performance in Germany and 5 about the organizational capacity has required , a legal advice system to administer.

When the entrustment is sure that to select entities guarantee a proper discharge of their duties, in particular on the basis of their respective fields of activity, as well as their financial and economic capacity of.

(8) the legal person has to deal with just such legal advisers, which fulfil the conditions referred to in paragraphs 1, 2 and 3 and immediately is their employment on which to report the place betrauende legal person.

(9) the Federal Minister of the Interior and the Federal Chancellor can pick up the entrustment of individual legal entities with immediate effect and revoke the powers so granted, the entity no longer meets a requirement referred to in paragraph 7 or a her with the execution of the legal advice or advisory support officer commits repeated and persistent breaches of duty. In these cases, no claims against the Federal claims to the legal person which go beyond compensation for closed deliberations.

Legal advice in the approval procedure before the Federal Office

§ 49. (1) in the authorisation procedure is an asylum seekers a legal adviser amtswegig for free the page to ask.

(2) Legal Adviser have asylum seekers before each of a notice according to § 29 par. 3 Z 2005 following questioning in the authorisation process their asylum procedure and their prospects for granting of the status of the person with right of asylum or the subsidiary protection entitled to advise 3 to 6 AsylG; are you giving interpreter for this purpose if required by the Federal Office and to provide the previous investigation result in the entire circumference. Legal advisers are obliged to participate in all have to maintain party hearing in the authorisation procedure.

(3) in the case of unaccompanied minor asylum seekers, the legal adviser as the legal representative in the admission procedure for each survey in the initial recording and in any hearing has to take part.

(4) the Federal Agency sets the jurisdiction of legal advisers for each initial recording depending on the placement of the application. The transfer of tasks to other legal counsel can be done in individual cases, and only with the consent of this Advisor. A legal person with the provision of legal advice in the authorisation procedure is entrusted, the Federal Administrative Court in the cases of § 10 par. 3, 5 and 6 and the Federal Office have, albeit to deliver the legal adviser is, to deliver only the legal person.

(5) the Federal Minister of the Interior ordered the amount of remuneration of legal advisers for the time and effort. A legal person with legal advice in the authorisation procedure is entrusted, the Federal Minister of the Interior ordered the amount of compensation for the time and effort for legal counsel including the costs of interpretation in the form of lump sums per beratenem asylum seekers. The compensation has to be aligned with the information previously collected offer of the responsible entity.

Advisory support for asylum seekers in the legal proceedings before the Federal Office

Section 50 (1) in legal proceedings before the Federal Office can be set up an advisory support. The working there legal counsel support and advise asylum seekers in the approved procedure free of charge in accordance with the actual possibilities, as well as in the Beischaffung of an interpreter and if necessary for the performance of return counselling. Advisory support is not a legal entitlement.

(2) the selection and order of the legal advisor for the respective regional Directorate is the responsibility of the Federal Minister of the Interior; also the number of consulting hours to be performed is to determine in the order.

(3) the legal advice has to be carried out in accordance with the actual possibilities and only in the official hours of the Federal Office.

(4) the Federal Minister of the Interior ordered the amount of remuneration of legal advisers for the time and effort. A legal entity with the Advisory support in the legal proceedings before the Federal Office is responsible, the Federal Minister of the Interior ordered the amount of compensation for the time and effort for the consultative support including interpretation costs in the form of lump sums per beratenem asylum seekers. The compensation has to be aligned with the information previously collected offer of the responsible entity.

(5) the legal adviser have monthly about the nature and duration of the carried out consultations to report to the Director of the Federal Office.

Other legal services

51. (1) a stranger on the basis of an order of arrest pursuant to §§ 34 3 is arrested 1 Z 1 Z 1 iVm 40 para, free this is a legal adviser amtswegig before the authority to the side to make.

(2) legal advisers have the detained foreigners to advise and to assist in the Beischaffung of an interpreter. Counsel are entitled and obliged upon request of the foreigner at all procedural acts which serve the respect of party hearing, to take part and have the leadership of the process so to participate in, that there is no unnecessary delay. § Apply 7 AVG.

(3) is stopped the stranger in criminal or pre-trial detention, the legal advice on the place of residence of the foreigner has to take place.

(4) the Federal Minister of the Interior ordered the amount of remuneration of legal advisers for the time and effort. Is a legal person with legal advice, the Federal Minister of the Interior ordered the amount of compensation for the time and effort for the legal advice including interpretation costs in the form of lump sums per beratenem strangers. The compensation has to be aligned with the information previously collected offer of the responsible entity.

Legal advice before the Federal Administrative Court

52. (1) has the Federal Agency the foreigners or asylum seekers when issuing a return decision, to inform you that a legal adviser amtswegig is provided free him to the side of the order of detention, as well as in reverse or repellent decisions on applications for international protection, which are of no repeated applications, by procedural order. At the same time, the Federal Agency has to the appointed legal adviser or the responsible entity thereof.

(2) legal counsel support and advise foreigners or asylum-seekers when a complaint and appeal referred to in paragraph 1 before the Federal Administrative Court, as well as the Beischaffung of an interpreter. Counsel have to defend strangers in an appeal against a decision of return at their request. Legal advisers have in any case to present the prospect of success in their appeal the advised.

(3) the Federal Chancellor prescribes the amount of remuneration of legal advisers for the time and effort. Is a legal person with legal advice before the Federal Administrative Court, the Chancellor ordered the amount of compensation for the time and effort for legal counsel including the costs of interpretation in the form of lump sums per beratenem foreigners or asylum seekers. The compensation has to be aligned with the information previously collected offer of the responsible entity.

3. main piece

Cost

Reimbursement of costs

53. (1) there are following costs incurred by the Federal Government, to replace the foreigners:



1. costs incurred in the enforcement of a residence-terminating measure after the 8 main piece of the FPG, 2. interpreting costs within the framework of procedural acts in accordance with the 7th and 8th main piece of FPG.


(2) a person who employs an alien violates article 3 par. 1 aliens, conjunction with 53 para has in the case of issuing a return decision pursuant to sections 52 to replace 1 and 2 Z 7 FPG against these strangers, the costs referred to in paragraph 1. The contractor and all subcontractors are liable jointly and severally, insofar as they have knowingly condoned the employment of aliens by a subcontractor violates article 3 par. 1 aliens or the contractor of its monitoring duty according to § 26 para 6 is not aliens.

(3) the transport operators which FPG does not fulfil his obligations in accordance with § 111 paragraph 2 to 6, has to replace the costs which arise in connection with the deportation of aliens in accordance with section 46, FPG. This includes in particular costs, by the arrival of aliens at the border crossing points to the execution of the exit



1. for accommodation, adult food and any medical care;

2. the authority or the Federal Government if necessary enforce the return decision pursuant to § 52 FPG and the prohibition of stay in accordance with section 67 FPG arising, including the cost for enforcement of detention, interpretation costs, the cost of the ticket and the cost of monitoring bodies.

(4) the costs referred to in paragraph 1, replacing to impose the Federal decision has, are of the country Police Directorate, in whose area the stranger is, to introduce and accrue to the Federal Government. § 79 AVG shall apply accordingly. Costs referred to in paragraph 1, which are uncollectible, carries the Federal Government.

3 PART: FINAL PROVISIONS

Linguistic equal treatment

§ 54. As far as this federal law to natural persons are related names in the male form, they relate to men and women in the same way. In applying the term to certain natural persons, the respective gender-specific form is to use.

References

Article 55. As far as other federal laws is referenced in this federal law provisions, these are to apply in their respectively valid version.

Entry into force

56. (1) this federal law 1 January 2014 into force.

(2) regulations or Government agreement on the basis of this Federal Act can be issued already as of the day following his announcement or completed; It may enter into force at the earliest with the entry into force of this federal law.

Enforcement

§ 57. It is entrusted with the execution:



1. with regard to articles 20, 21 and 33 § 1 the Federal Government, 2. with respect to the sections 7 and 52 of the Federal Chancellor, 3. with regard to article 30 par. 3 of the Federal Minister for European and international affairs, 4th in the rest of the Federal Minister of the Interior.

 

Article 3

Amendment of the asylum Act 2005

The asylum Act 2005 (AsylG 2005), Federal Law Gazette I no. 100, last amended by Federal Law Gazette I no. 50/2012, is amended as follows:

1. in the table of contents, the following entry are inserted after the entry for section 4:



'Section 4a.





Protection in the safe state of the EEA or of Switzerland"




2. in the table of contents is the entry for section 10:



"§ 10.





Issuing a residence-terminating measure"




3. in the table of contents is the entry to the heading of the 4 main piece:



"4. showpiece: asylum procedural law"




4. in the table of contents is the entry to the 1st section of the 4th main piece:



"Section 1: common asylum procedure"




5. in the table of contents is the entry to articles 16, 23 and 26.

6. in the table of contents is the entry for section 27:



"§ 27.





Initiation of proceedings for the issuing of a residence-terminating measure"




7. in the table of contents, the entries for the 5th and 6th section of the 4th main piece, as well as the entries to articles 36 to 42 are eliminated.

8. in the table of contents of the entry of the 5th main piece and the entries to articles 43 and 49 are eliminated.

9. in the table of contents is the entry to the heading of the 7 main piece:



"7 main piece: residence permit consideration worthy reasons"




10. in the table of contents is the entry to the 1st section of the 7 main piece:



"Section 1: residence"




11. in the table of contents, sections 54 to 57 entries are:



"§ 54.





Types and form of residence permit







Article 55.





Residence permit for reasons of article 8 of the ECHR







Article 56.





Residence permits in cases of particularly worthy of consideration







§ 57.





"Resident special protection"





12. in the table of contents is the entry to the 2nd section of the 7 main piece:



"Section 2: procedures for the granting of residence permits"




13. in the table of contents are the entries to articles 58 to 60:



"section 58.





Application and official-procedures







section 59.





Extension methods of the residence permit "permit special protection"







section 60.





General requirements for grant







section 61.





Invalidity, abstraction and withdrawal"





14. in the table of contents is the entry to the section 3 of the 7 main piece:



"Section 3: right of residence for internally displaced persons"




15th the entry to § 62 is in the table of contents:



"§ 62.





Right of residence for internally displaced persons"




16th the entry to the 8 main piece is in the table of contents:



' 8 main piece: High Commissioner of the United Nations for refugees, return and integration help '




17. in the table of contents, the entries to the 1 up 3 section of the 8 main piece are eliminated.

18. in the table of contents entries to §§ 64-66a are eliminated.

19. in article 1 the phrase "with a designation of" by the word order is in no. 2 "with a stay-terminating measure in accordance with the Aliens Police Act 2005 (FPG), Federal Law Gazette I no. 100," replaced.

20. in article 1, is no. 3 and is attached following Z 4:



"3. the granting of residence permits for reasons worthy of consideration;

4. the special procedural provisions for obtaining a decision according to Z 1-3."

21. in article 2, paragraph 1 Z 6 is the phrase "85/1999, as amended by BGBl. III No. 4 / 2003 and BGBl. III No. 20 / 2004" is replaced by the phrase "132/2009".

22. in article 2, paragraph 1 the phrase is replaced in Z 20 "which is not member of the European Union" by the phrase "other than a Member State of the EEA Agreement or the Switzerland".

23. under article 2, paragraph 1, Z 20 inserted following Z 20a to 20 c:



"20a. stranger: who does not have Austrian nationality;"

20. third-country nationals: a stranger, which is not EEA nationals or Swiss citizens;

20 c. beneficiary third-country nationals: the spouse, registered partner, own relatives and relatives of the spouse or registered partner of an EEA citizen or Swiss citizen or Austrian, who made their Union legal or the attention to them on the basis of the freedom of movement agreement EC Switzerland right of residence of more than three months in the direct descending line up to the age of 21 years, moreover, where maintenance is actually granted them ", and in this respect these third-country nationals of the Union legally resident citizens of EEA or Swiss citizen, from which derives its Union law favoring, accompanied their own relatives and relatives of the spouse or registered partner in direct ascending line, where maintenance is actually granted them, or follow him;"

24. in article 2, paragraph 1 the point in Z 25 is replaced by a semi-colon and following Nos. 26 and 27 are attached:



"26 a sponsorship statement: by an Austrian notary public, or a domestic court certified and for at least three years valid declaration liable third parties whose residence or seat at home, for the needs of a sickness insurance covering all risks, an accommodation and appropriate himself to come up and for the reimbursement of those costs which a local authority by the stay of aliens in the Federal territory, as well as in the enforcement of a return decision" , a residence ban, an expulsion, a retraction, the enforcement of the detention or as a reimbursement for the use of releasing resources, as well as the title of social assistance or a federal or provincial law I no. 80/2004, implementing the basic supply agreement pursuant to article 15a B-VG, Federal Law Gazette, arise; the means of substantiating the performance of the third party are in the sponsorship Declaration to call; their presence is by suitable evidence at the time of the Declaration to prove; Medium no suitable resources are public anyway, to justify the performance of the third party; Agreements relating to the sponsorship Declaration, according to which a performance or an other benefit should be promised the third party or another or provides, are null and void.

27.

"a residence-terminating measure: a return decision (§ 52 FPG), an arrangement to the non-country accommodation (§ 61 FPG), expulsion (§ 66 FPG) and a ban on residence (§ 67 FPG)."

25. in article 3, paragraph 1, the phrase "because of third-State security or jurisdiction of another State" by the word order is "already referred to in articles 4, 4a or 5" replaced.

26. in section 3, paragraph 2, the quote is "§ 2 Z 23" by the quote "§ 2 paragraph 1 Z 23" replaced.

27. in article 4, paragraph 1, the phrase is "stranger in a State, to" by the phrase "third-country nationals in a State with" and the phrase "protection or" by the phrase "there is no protection or" replaced.

28. in section 4, paragraph 2, the phrase is "a stranger" by the phrase "a third-country national" and the phrase "or in the way of other States" by the phrase "or on other third-party statehood" replaces and eliminates the phrase - even in the way of other States.

29 paragraph 4 section 4:

"(4) Despite protection in a safe third country, the application for international protection is not as inadmissible must be rejected if BFA-VG is determined in conjunction with article 9, paragraph 2, that a return decision associated with a rejection would lead to a violation of article 8 of the ECHR."

30. in article 4, paragraph 5, the word "Stranger" is replaced by the word "third country nationals".

31. According to § 4, 4a the following paragraph and heading shall be inserted:

"Protection in the EEA country or of Switzerland

Section 4a. (1) an application for international protection is inadmissible must be rejected if the strangers in another EEA country or of Switzerland was awarded the status of asylum-eligible and he there found protection from persecution. With the decision to refuse, it is also to determine in which country the stranger back to go has become. § 4 paragraph 5 shall apply mutatis mutandis."

32. in article 5, paragraph 1, the quote "section 4" by the citation replaced "paragraphs 4 or 4a" and added the following sentence:

"A rejection of the application has to be avoided, if BFA-VG is determined in conjunction with article 9, paragraph 2, that an arrangement linked with a rejection would lead to the non-country skidding to a violation of article 8 of the ECHR."

33. in § 5 para 3, 14 para of 4, 15 par. 1 Z 4 and 5, 15 para of 2, 17 paragraph of 8, 19 para 5 and 6, 20 para of 2, 22 para 6 and 10, 24 paragraph of 3, 25 para of 2, 27 para 1 subpara 2 and paragraph 4 as well as 34 para. 5 respectively, the word "asylum Tribunal" by the word "Federal" replaced.

34. in § 5 para 3, 7 para of 3, 8 paragraph of 4, 12 para 2, 12a para. 2 and 4, 14 para of 4, 15 paragraph 1 Z 4 and 5, paragraph 2 and paragraph 3 Z 11, 15a para of 2, 17 para. 6 and 8, 18 para of 1, 19 paragraph 2, 5 and 6, 20 para 2, 22 para 6 and 7 , 24 par. 1 Z 1, 2 para and 3 para 4 Z 2, 25 para of 2, 27 paragraph of 2, 28 paragraph of 2, 29 par. 3 and 4, 31 para 1, 32 para of 4, 33 para 1 subpara 1 and par. of 2, 35 par. 3 and 4, 51 para 2, 52 (1) and 53 is par. 1 and 2 each replaced the word "Federal Asylum Office" by the word "Federal".

35. in article 8, paragraph 4, the phrase "by the authority discerning to" is replaced by the phrase "by the Federal agency or by the Federal Administrative Court".

36. in article 8, paragraph 6, the word "Expulsion from the Federal territory" by the word "Return decision" and the quote "section 10 para 2" by the quote is "§ 9 para 1 and 2 BFA-VG" replaces the last sentence and it eliminates.

37. paragraph 10 together with the heading:

"Issuing a residence-terminating measure

§ 10 (1) is a decision under this Federal Act to connect, with a return decision or an order to the except the country market in accordance with the 8 main piece of the FPG if



1. the application for international protection in accordance with paragraphs 4 or 4a is rejected, 2. the application for international protection in accordance with § 5 is rejected, 3. the application for international protection as regards both dismisses the granting of the status of the asylum owner as also the granting of the status of the subsidiary protection beneficiary, 4 recognized from a stranger of the status of the person entitled to asylum, unless it comes to the granting of the status of the subsidiary protection beneficiary or 5 is recognized from a stranger of the status of the subsidiary protection beneficiary and the cases of the Nos. 1 and 3 to 5 officio a residence permit in accordance with section 57 is not granted, as well as in the cases of the Z 1-5 no case of §§ 8 par. 2 exists paragraph 3a or 9.

(2) shall by virtue a residence permit according to § 57 be granted a stranger who is not legally resident in the Federal territory and does not fall within the scope of the 6th main piece of FPG, is this decision with a return decision in accordance with the 8 to connect the main piece of the FPG.

(3) if the application of a third-country nationals for a residence permit pursuant to sections 55, 56 or 57 back - or rejected this decision with a return decision in accordance with the 8th should be connect main piece of the FPG."

38. articles 15, paragraph 1 Z 3 and 6, 16 along with heading, 18 para of 2, 20 para of 3, 22 para 1 to 5, 9, 11 and 13, 23 including heading, 26 including the heading, 27 paragraph 7, which along with heading of the 5th and 6th section of the 4th main piece, paragraphs 36 to 42 with headlines that heading of the 5th main piece, sections 43 to 49, including headings and 64-66a headings and section 72 Z 1 and 6 accounts for.

39. in article 12, paragraph 1 and 2 respectively the word "tolerated" replaced by the word "permissible".

40. in article 12, paragraph 1, the quote "§ 36 paragraph 4" the quotation is "§ X BFA-VG" replaced.

41. in article 12 the following paragraph 3 is added after para. 2:

"(3) the stay referred to in paragraphs 1 and 2 is no right of residence pursuant to § 13."

42. in Article 12a, paragraph 1 the quote "section 5" by the quote is substituted "sections 4a or 5".

43. in Article 12a, paragraph 1 Z 1 is the phrase "upright expulsion exists or is a return decision" by the phrase "arrangement to the non-country accommodation in accordance with § 61 FPG or expulsion in accordance with § 66 FPG" replaced.

44. in Article 12a, paragraph 1 Z 2 is the quote "§ 39 para 2" by the quote "section 19 para 2 BFA-VG" replaced.

45. in Article 12a para 1 No. 3, the phrase "in the case of section 5" is inserted before the phrase "jurisdiction".

46. in section 12a paragraph 2 Z 1 and 3 Z 1 respectively is the phrase "Upright expulsion consists or a return decision was adopted" "Return decision FPG or expulsion in accordance with § 66 FPG is according to § 52" replaced by the word order.

47. in section 12a paragraph 3 No. 3 lit. c is the quote "section 74 paragraph 2 Z 1 or 3 FPG iVm § 39 para 2 Z 1 FPG" by the quote "section 34 para 3 Z 1 or 3 BFA VG in conjunction with article 40, paragraph 1 Z 1 BFA-VG" replaced.

48. the section 12a is added 6 the following paragraph after paragraph 5:

"(6) return decisions according to § stay 52 FPG 18 months from the departure of the foreigner upright, unless it was a beyond period pursuant to § 53 para 2 and set 3 FPG. FPG and expulsions in accordance with section 66 FPG remain arrangements to the non-country accommodation in accordance with § 61 18 months from the departure of the foreigner upright."

49. the previous section 13 is paragraph labeled "(1)" and is the phrase in paragraph 1 "deprivation of the right of residence (article 54, paragraph 1 FPG)" is replaced by the phrase "Loss of the residence law (para. 2)".

50. in article 13, paragraph 1, the last sentence is omitted.

51. be added according to para 1 following paragraph 2 to 4 section 13:

"(2) an asylum seeker loses his right to stay in the country, if"



1 this became delinquent is 2 against the asylum seekers for a legal offence can be committed only intentionally, a prosecution is brought by the public prosecutor's Office, 3. against the asylum seekers detention was imposed (§ 2 para 3), (§§ 173 ff StPO, BGBl. No. 631/1975) or 4. the asylum seekers in the Commission of a crime (section 17 StGB) is been entered red-handed.

The loss of the right to stay is the asylum seekers with procedural order (§ 63 para 2 AVG) to communicate. Is an asylum seekers in cases of 2 to 4 Z is acquitted, the Prosecutor resigns from the pursuit of the crime (§§ 198 ff StPO) or is set the criminal proceedings, his right of residence shall revive retroactively with the days of the loss.

(3) an asylum seekers lost his right to stay in Germany in accordance with paragraph 2, de facto deportation (§ 12) comes to him.

(4) the Federal Agency has to deny in the proceedings final decision over the loss of the right of stay in an asylum advertiser."

52. in §§ 14 ABS. 1, 2 and 4, 15 paragraph 3a, 17 paragraph of 7, 19 paragraph of 2, 22 para of 10, 27 para 1 Z 2, 29 par. 1 and 6 Z 6 and 33 § 3 is each "Federal Asylum Office" by the word "Federal" replaced.

53. in article 14, paragraph 1 and 4 is the word "Expulsion" by the phrase "return decision pursuant to § 52 FPG or arrangement to the non-country accommodation in accordance with § 61 FPG" replaced.

54. in paragraphs 14, par. 1a and 2 and 33 par. 4 is replaced the word "asylum Tribunal" by the word "Handelshof".

55. in article 14, par. 1a is the quote "section 41a" by the quote "§ X BFA-VG" and the quote "section 41 paragraph 3' by the quote" § X BFA-VG "replaced.


56. in article 14, paragraph 2, the word "Expulsion decision" by the phrase is "return decision pursuant to § 52 FPG, arrangement to the except the country market in accordance with § 61 FPG or expulsion decision pursuant to § 66 FPG" replaced.

57. in § 15a paragraph 2 the word "Police station" is substituted with the word "Departments of national police headquarters".

58. in article 15, paragraph 1, the last two sentences are eliminated No. 4.

59. in article 15, paragraph 1, no. 7 is replaced by the quote "Z 1, 2, 4 and 5" the quote "Z 1 to 6".

60th in the sections 15 para 3 Z 11, 18 para of 1, 22 para 7 and 10 and 27 paragraph 2 the phrase "the asylum Court" is substituted with the phrase "the Federal Administrative Court".

61. in article 15, paragraph 3a is the quote "section 45" by the quote "section 45 BFA-VG" and the quote "§ 43 para 2" by the quote "§ 42 para 2 BFA-VG" replaced.

62. the title of the 4th main piece is as follows:

"Asylum procedural law"

63. in the heading of the 1st section of the 4th main piece, the word is "Procedure" replaced by the word "Asylum".

64. in article 17, paragraph 1 and 2 is the quote "section 59" by the quote "section 4 BFA-G" replaced.

65. in § 17 paragraph 2 is the quote "§ 43 para 2" by the quote "§ 42 para 2 BFA-VG" replaced.

66. in article 17, paragraph 3, the phrase "Branch of the Federal Asylum Office" is replaced by the phrase "Regional Directorate or a branch of the Regional Directorate".

67. in article 17, paragraph 6, the phrase "Branch of the Federal Asylum Office" is replaced by the phrase "Regional Directorate or a branch office of the Regional Directorate".

68. in article 17, paragraph 6, the quote "§ 45 para 1 and 2" by the quote is "§ 45 para 1 BFA-VG" and the quote "§ 45 para 1 No. 2" by the quote "§ 45 para 1 Z 3 BFA-VG" replaced.

69. in article 19, paragraph 5 is the quote "article 64" by the quote "paragraph 49 BFA-VG" replaced.

70. in article 21 the phrase replaced "Seized or in accordance with" by the word "According to".

71. in article 22, paragraph 7, the word "Aliens police authority" is replaced by "national police headquarters".

72. in article 22, paragraph 7, the phrase "in the airport procedure" is inserted after the phrase "of decisions".

73. in article 22, paragraph 8, the quote "section 76 NAG" is replaced with the quote "section 62".

74. in articles 22 para 10 and 24 para 1 Z 1 respectively the phrase "the asylum Court" by the phrase "the Federal" replaced.

75. in section 22 para 10 is the quote "section 41a" by the quote each "§ X BFA-VG" replaced.

76. in article 22, paragraph 12, the word "Expulsion" is replaced by the phrase "Return decision or order to the except the country market in accordance with the 8 main piece of the FPG".

77. in article 24, paragraph 1 Z 1, the phrase "the asylum Court" is replaced by the phrase "the Federal Administrative Court".

78. in section 24 para 2 is the quote "section 26" with the quote "§ 34 ABS. 4 BFA-VG" replaced.

79. in article 25, paragraph 1 Z 2 is the quote "§ 43 para 1" by the quote "§ 42 para 1 BFA-VG" replaced.

80. in the heading of section 27 "Expulsion procedures" is replaced by the phrase "Procedure for the issuing of a residence-terminating measure".

81. in article 27, paragraph 1, the phrase "Expulsion procedures under this Federal Act" is replaced by the phrase "Procedures for the issuing of a residence-terminating measure".

82. in article 27, paragraph 1 Z 2, the phrase "Expulsion (§ 10)" is replaced by the phrase "stay-terminating measure".

83. in article 27, paragraph 2, 4, 5 and 8 the word "Expulsion procedures" is substituted with the phrase "Procedures for the issuing of a residence-terminating measure".

84. in article 27, paragraph 2 and 8, the phrase "of the expulsion procedure" is replaced by the phrase "proceedings for the issuing of a residence-terminating measure".

85. in article 27, paragraph 6, the word "Expulsion procedures" is replaced by the phrase "Procedure for the issuing of a residence-terminating measure".

86. in article 28, paragraph 1, the phrase "international protection" and after the phrase "Stay permit card (paragraph 51)" is the phrase after the word "Application" ", if the asylum seekers a right of residence is entitled to" inserted after the phrase "we need then not." the phrase "otherwise is admission with procedural order to document.".

87. in article 29, para. 3 Z 4 is the quote "§§ 4, 5" replaced by the quote "§§ 4 to 5".

88. in section 29 para 4 and 5 is the quote "article 64" by the quote "paragraph 49 BFA-VG" replaced.

89. in article 29, paragraph 4, the quote is "sections 64, 65" by the quote "§§ 49, 50 BFA-VG" and the quote "§ 57 para 1 No. 3" by the quote "article 29, paragraph 1 Z 15 BFA-VG" replaced.

90. in article 29 paragraph 6 Z 1 is the quote "section 44 para. 5" by the quote "section 44 BFA-VG" and the quote "section 44 para 2" by the quote "article 38, paragraph 1 Nos. 3, 4 and 5 BFA-VG" replaced.

91. in section 30 is the quote "§ 10 ABS. 3" by the quote "§ 61 para 3 FPG" replaced.

92. in article 33, paragraph 1 Z 4 is the quote (§ 39) through the quote "(§§ 19 oder 21 BFA-VG)" replaced.

93. in article 33, paragraph 2, the phrase "or in a safe state of the EEA or Switzerland (Section 4a)" is inserted after the quote (§ 4).

94. in article 33, paragraph 4, the phrase "the asylum Court" is replaced by the phrase "The Federal Administrative Court".

95. in article 33, paragraph 5, the word "Expulsion" is replaced by the phrase "residence-terminating measure according to the 8 main piece of the FPG".

96. in article 34, paragraph 1, the quote of "(§ 2 Abs. 1 Z 22) does not apply".

97. in article 34 paragraph 2 Z 1 and 3 Z 1 eliminates both the quote "(§ 2 Abs. 3)".

98. in the heading of section 35 is the word "Vocational representation authorities" by the word "Embassies" and in section 35 the word "Vocational representation authority" is replaced by the word "Diplomatic mission".

99. in article 51, paragraph 1 "to admit is" inserted after the phrase the word sequence "and comes to a right of residence pursuant to § 13 ABS. 1".

100. in article 51, paragraph 2, the word "Withdrawal" is replaced by the word "Loss".

101. the 7 main piece along with heading is as follows:

"7 main piece:"

Residence permit consideration worthy reasons

1 section:

Residence permit

Types and form of residence permit

54. (1) residence permit consideration worthy reasons third-country nationals issued as:



1. "resident plus", which entitled aliens Employment Act (aliens), Federal Law Gazette No. 218/1975 for a stay in the Federal territory and to exercise a self-employed and paid employment in accordance with article 17, entitled "Residence permit", which is prerequisite to a stay in the Federal territory and to exercise a self-employed and paid work, for the permission to the aliens, 2. 3 "resident special protection", to a stay in the Federal territory and to exercise an independent and a dependent employment , for a permission for the aliens prerequisite, entitled.

(2) residence permit referred to in paragraph 1 are starting to exhibit with the date of issue for a period of twelve months. Residence permits are not renewable pursuant to paragraph 1 Nos. 1 and 2.

(3) the loss and the uselessness of a residence permit, as well as changes of the contents of a residence document underlying identity data which has immediately to report the Federal third-country nationals. At the request of the documents with the original duration and the original authorization amount are if necessary with corrected identity data to exhibit again.

(4) the Federal Minister of the Interior sets the appearance and the content of the residence permit referred to in paragraph 1 No. 1 to 3 by regulation. The residence permit shall in particular name, first name, date of birth, photograph, contain authority issuing the certificate and validity; they are considered identity documents.

(5) the provisions of the 7 main section do not apply to beneficiaries of third-country nationals.

Residence permit for reasons of article 8 of the ECHR

55. (1) in the Federal territory of residing third-country nationals is on its own initiative or at the reasoned request of a "residence permit plus" to grant, if



1 § 9 ABS. 2 BFA-VG to maintain the private and family life within the meaning of article offered 8 of the ECHR is of third-country nationals in the module 1 of the integration agreement in accordance with § 14a NAG meets 2nd and has, or at the time of the decision permitted gainful employment politics, with their income the monthly salary limit (§ 5 para 2 General Social Insurance Act (ASVG), Federal Law Gazette I no. 189/1955) is reached.

(2) only the requirement of paragraph 1 No. 1, a "resident" to grant is.

Residence permits in cases of particularly worthy of consideration


Section 56 (1) in the Federal territory of residing third-country nationals may in particularly worthy of consideration cases upon a reasoned request, even if it is in a procedure for the issuing of a residence-terminating measure before the Federal Office, a "resident plus" be granted if the third-country nationals anyway,



1 at the time of submission of evidence for five years consistently in the Federal territory up to size 2 of them, at least half, anyway, but three years, his established continuous stay in the Federal territory has been legally-3 NAG module 1 of the integration agreement in accordance with § 14a meets and has, or at the time of the decision permitted gainful employment politics, with their income the monthly salary limit (§ 5 ABS. 2 ASVG) is reached.

(2) only the requirements of paragraph 1 are Z 1 and 2, is a "resident" to grant.

(3) the authority has the degree of integration of third-country nationals, in particular the ability of self preservation, the education, to take account of the employment and the knowledge of the German language. Proof of one or more requirements of article 60 par. 2 Z 1-3 can also by presenting a single sponsorship Declaration (§ 2 ABS. 1 Z 26) be provided. Several people appear as committed in a statement, then each of them liable for the full amount of the liable severally.

"Resident special protection"

57. (1) in the Federal territory of residing third-country nationals is on its own initiative or at the reasoned request of a "residence permit special protection" to grant:



1. If the stay of third-country nationals in the Federal territory to article 46a, paragraph 1, Z is condoned 1 or par. 1a FPG for at least a year and the conditions continue to exist, unless it was by a domestic court of a felony or represents a danger to the public or the security of the Republic of Austria of third-country nationals (§ 17 StGB) been convicted. Convicted by a domestic court is equal to keep a conviction by a foreign court that CP complies with the requirements of section 73, 2. to ensure of the prosecution of legal offences or to the assertion and enforcement of civil claims in connection with such offences, in particular on witnesses or victims of trafficking in human beings or cross-border prostitution trade or 3 If the third-country nationals, which in the Federal territory not legally on hold- or not is established , Became victims of violence, a restraining order 79/1896, was issued no. b or 382e EO, RGBl. According to paragraphs 382 or remitted would be can and plausibly of third-country nationals that issuing the "resident special protection" is necessary to prevent further violence.

(2) with regard to the existence of the conditions laid down in paragraph 1 Nos. 2 and 3 has the Federal Office prior to the issuance of the "resident special protection" to obtain a reasoned opinion of the Directorate of the national police. Until receipt of the opinion of the authority, the expiration of the period referred to in paragraph 3 and article 73 AVG is inhibited.

(3) a request referred to in paragraph 1 Z 2 is inadmissible must be rejected if a criminal case is not started or civil claims have been asserted. The authority shall within six weeks of the request to decide.

(4) a request referred to in paragraph 1 is Z 3 as inadmissible must be rejected, if a restraining order after §§ 382 EO not b or 382e or had not adopted can be.

2 section:

Procedure for the granting of residence permits

Application and official-procedures

58. (1) the Federal Office has officio to examine the granting of a residence permit according to § 57, if



1. the application for international protection in accordance with paragraphs 4 or 4a is rejected, 2. the application for international protection with regard to the granting of the status of the asylum owner as also the granting of the status of the subsidiary protection beneficiary will be rejected, 3 detected from a stranger of the status of asylum-eligible, unless it comes to the granting of the status of the subsidiary protection beneficiary, 4 is detected from a stranger of the status of the subsidiary protection beneficiary or a stranger is not legally resident 5. in the Federal territory and not in the Scope of the 6th main piece of the FPG falls.

(2) the Federal Agency has to grant a residence permit pursuant to § 55, when a return decision on the basis of § 9 para 1 to 3 BFA-VG was declared valid in the long term to be inadmissible by virtue. § Apply 73 AVG.

(3) the Federal Agency has on the outcome of the Office carried out examination of the granting of a residence permit in accordance with §§ 55 and 57 in the proceedings final decision to deny.

(4) the Federal Agency has to follow the institutionally granted residence permit in accordance with §§ 55 or 57, when grows up the phrase point (para. 3) in the proceedings final decision into legal force. Paragraph 11 shall apply.

(5) applications for a residence permit pursuant to sections 55 to 57, and on renewal of a residence permit according to § 57 are personally at the Federal Agency. As far as the applicant is not able to act, has the request of his legal representative to bring up.

(6) in the request, the desired residence permit pursuant to sections 55 to 57 is exactly to call. Arises on the basis of the application or in the investigation, that of third-country nationals requires a different residence permit for its intended purpose of residence, he is so over this fact to teach; § 13 para 3 AVG applies.

(7) is granted an application for a residence permit pursuant to sections 55, 56 or 57, is the alien of the residence permit be issued. Paragraph 11 shall apply.

(8) an application for a residence permit pursuant to sections 55, 56 or 57 back - or rejected, as has the Federal Office in the proceedings final decision to deny.

(9) an application for a residence permit after this main piece is to be rejected as inadmissible, if the third-country nationals



1 is in a procedure after the NAG is, 2 already NAG about a right of residence by this federal law or the has or 3 according to § 95 FPG has photo identification for makers of privileges and immunities or according to § 24 FPG is not allowed to exercise only temporary employment as far as this federal law otherwise determines. This applies also in the case of simultaneous display of multiple applications.

(10) requests pursuant to § 55 is inadmissible must be rejected if a return decision has been legally issued against the applicant and from the reasoned application argument with regard to the taking into account of private and family life in accordance with § 9 ABS. 2 a modified subject which requires a supplemental or new balance in accordance with article 8 of the ECHR, not apparent BFA-VG. Applications pursuant to sections 56 and 57, who follow an already valid completed application (subsequent application) or a final decision, is inadmissible must be rejected if not emerges from the reasoned request argument a significantly changed situation.

(11) the third-country nationals in its general duty to cooperate to the extent required, in particular in terms of the investigation and review erkennungsdienstlicher data, does not comply with, is



1. the procedure for the handing over of the Office to grant residence permit (para. 4) without setting another or 2 to reject the application for a residence permit.

Of third-country nationals is to teach about this fact.

(12) permit allowed non-EU nationals who have reached the age of 14, will be followed only in person. Residence permits may be followed out for minors minors only to their legal representatives. On the occasion of the handing over of third-country nationals is demonstrably about the temporary period of validity, the inadmissibility of a change of purpose, the Nichtverlängerbarkeit of the residence permits referred to in sections 55 and 56 and the subsequent possibility of a residence permit NAG after to gain, to teach.

(13) applications for a residence permit pursuant to sections 55 to 57 constitute no residence or right to remain. Applications for a residence permit in accordance with §§ 55 and 57 do not preclude the enacting and implementation stay ending. You can have no suspensive effect in proceedings after the 7th and 8th main piece of the FPG. Applications for a residence permit in accordance with article 56 the Federal Office has pending the final decision on this request but with deportation to be implementing a return decision to wait, when



1. a procedure to issue a return decision only after a submission in accordance with section 56 was initiated and 2 probably is the granting of a residence permit in accordance with article 56, for which the requirements of § 56 para 1 to be Nos. 1, 2 and 3 at least have.

Extension methods of the residence permit "permit special protection"


Applications for extension of a residence permit in accordance with section 57 are 59. (1) before the expiry of the period of validity of the residence permit, not earlier than three months before that date, the Federal Office to introduce. Thereafter, applications deemed to initial applications. After an extension application, the applicant, without prejudice to the provision after the FPG, is pending the final decision on the request still lawful in the Federal territory on size. About the timely submission of a unique confirmation in the travel document can be attached the third-country nationals on reasoned request, which may exhibit no longer validity period than three months. This confirmation shall be entitled to visa-free entry into the country. The Federal Minister of the Interior is empowered to regulate the form and content of the confirmation by regulation.

(2) the period of validity of a prolonged residence permit starts with the following on the last day of the last permit tag, since no more than six months have passed. The lawful stay in the Federal territory is in the period between the expiration of the last residence permit and beginning the period of validity of the extended residence permit at the same time with its grant officio free of charge with notice to determine.

(3) applications, provided after the expiry of the period of validity of the residence permit, unless deemed renewal applications, if



1. the applicant at the same time proves with the request that he was prevented by an unforeseeable or unavoidable event, in time to submit the renewal application, and meets him there is no or only a low degree of oversight, and 2 the application within two weeks after the removal of the obstacle is made; § 71 paragraph 5 applies AVG.

The period between the expiry of the validity of the last residence permit and the position of the application which meets the requirements of Nos. 1 and 2, in accordance with the previously-held residence permits is considered legal and continuous residence.

(4) the Federal Agency has the locally competent authority after the NAG immediately to inform that



1. the requirement of § 57 continues to exist, 2 the applicant module 1 of the integration agreement in accordance with § 14a NAG met has, and 3. the requirements of section 60 paragraph 2 have been met Z 1 to 4.

The conditions of Z are not available 2 or no. 3, the Federal Office shall grant residence pursuant to § 57. The decision is immediately, at the latest however within 4 months from the transfer of the application to meet.

General requirements for grant

60. (1) residence permit may not be granted a third-country national, if



1 against him an upright return decision pursuant to §§ 52 is conjunction with 53 para 2 or 3 FPG, or 2 against him is an expulsion decision of another EEA State or of Switzerland.

(2) residence permit may only be issued pursuant to § 56 a third-country national, if



1 of third-country nationals can prove a legal claim to an accommodation of third-country nationals 2 has a health insurance covering all risks for a comparable big family is considered customary manner and this insurance in Austria is also subject to a performance, 3. the stay of third-country nationals to any financial burden of a territorial corporate body (§ 11 ABS. 5 NAG) could lead, and 4 by the granting of a residence permit the relations of the Republic of Austria, to another State or an other subjects of international law not significantly be affected.

(3) a third-country national residence permit may be granted only if the stay of third-country nationals warring not public interests. The stay of a third-country national warring public interest, if



1. it has a close relationship with an extremist or terrorist group and in terms of their existing structures or to alterations developments in their environment extremist or terrorist activities, the same may not be excluded or 2. in the case of sections 56 and 57 his stay would endanger public order or security.

Invalidity and relative deprivation

61. (1) residence permit will invalidate against third-country nationals a decision is enforceable or valid to the end of the stay. Thus, the loss of the right of residence goes hand in hand. A residence title revived by law, unless subsequently addresses within its original period of validity the residence-terminating measure in the courts.

(2) residence permits are meaningless, if



1. the third-country national a residence permit or documentation after the NAG is granted, 2 is the Austrian nationals, EEA nationals or Swiss citizens or 3. subsequently the person with right of asylum or of the subsidiary protection beneficiary's status is awarded to the third-country nationals in the legal process.

(3) invalid or reproducing documents are to deliver the Federal Office. Any authority who leads a deed under a federal law, as well as organs of public security are authorized to cancel to supplying documents; NAG after the authorities and citizenship authorities are required. Confiscated documents are to submit the Federal Office without delay.

(4) third-country nationals who are in possession of a residence permit, can this be withdrawn, if there is a legal, enforceable repatriation decision of another EEA State against them, with an acute danger for public safety and order or national security is established and the return decision



1. on the criminal conviction of a criminal offence threatened with at least a one-year prison sentence is based;

2. was adopted, because a reasonable suspicion, that the third-country nationals have committed offences referred to in subpara 1 or specific indications are that he was planning such offences in the territory of an EEA country, or 3. was issued because of the third-country nationals against the entry and residency requirements of the State of the decision has violated.

(5) the revocation of the residence permit pursuant to paragraph 4 is not permitted, if through the enforcement of the return decision article 2 and 3 of the ECHR, Protocol No. 6 to the Convention for the protection of human rights and fundamental freedoms concerning the abolition of the death penalty, Federal Law Gazette No. 138/1985, or the Protocol No. 13 to the Convention for the protection of human rights and fundamental freedoms of the complete abolition of the death penalty , BGBl. III No. 22/2005, would hurt.

(6) the withdrawal is allowed only if it is to achieve which in article 8 ECHR urgent objectives available para. 2.

3 section:

Right of residence for displaced persons

Right of residence for displaced persons

Section 62 (1) for times of armed conflict or other circumstances that endanger the security of entire populations can the Federal Government in consultation with the Policy Committee of the National Council with regulation directly affected groups of strangers who find otherwise no protection (IDP), grant a temporary right of residence in Germany. Until the entry into force of this regulation, the residence of displaced persons in the Federal territory is tolerated. This is to confirm the stranger by the authority.

(2) in the regulation referred to in paragraph 1 are to regulate entry and length of stay of foreigners, taking into account the circumstances of the particular case.

(3) a continuous integration is required as a result of the longer duration of the circumstances referred to in paragraph 1, can be set in the regulation, that certain groups effectively can make a request for a residence permit of the resident domestically and that the residence permit despite the existence of a reason for refusal may be granted them.

(4) the right of abode conferred by the regulation is to be confirmed by the authority in the travel document of the foreigner. As long as he has no travel document, a card for displaced persons is him to issue own-initiative.

(5) the card is called "Card for displaced persons", can be extended and is sufficient to satisfy the Passport obligation. The Federal Minister of the Interior determines the form and content of the card, as well as the certificates referred to in paragraphs 1 and 4 by regulation."

102. the existing heading of the 8 main piece and the heading of the 1st, 2nd and 3rd paragraph of the previous 8 main piece accounts for and inserted the following new heading of the 8 main section after section 62:

"8 main piece:"

High Commissioner of the United Nations for refugees, return and integration help'

103. in article 63, paragraph 2 No. 2, the phrase "Imposing a return ban" is replaced by the phrase "Arrangement to the non-country accommodation".

104. in article 63, paragraph 4, the phrase "to carry out its tasks within the framework of its mandate" is inserted after the phrase "for refugees".

105. in article 67, paragraph 1, the word "Procedure" is replaced by the word "Asylum".

106. in article 67, paragraph 2 is the quote "article 64" by the quote "paragraph 49 BFA-VG" replaced.

107. paragraph 72 No. 2:



'2. with regard to section 75, paragraph 7 and 16 of the Federal Chancellor,"108. § 72 is Z 5:



"5.

in terms of § 35 par. 1 of the Federal Minister for European and international affairs,"109. In § 72, no. 7 is in lit. a the word "and" replaced by a point and it is lit. (b).

110. 11 the following paragraph is added after paragraph 10 the article 73:

"(11) §§ 1 Z 2 to 4, 2 para 1 Z 6, 20 to 20 c and 25 to 27, § 3 para 1 and 2, 4 para 1, 2, 4 and 5, § 4a along with heading, 5 para 1 and 3, 7 para 3, 8 paragraph 4 and 6, 10 including heading, 12 para 1 to 3, Articles 12a, 13, 14, 15 par. 1 Z 4" , 5 and 7 and para. 2 and 3 Z 11 and paragraph 3a, 15a para 2, the heading of the 4 main piece, the heading of the 1st section of the 4 main piece, § 17 para 1 to 3 and 6 to 8, 18 para 1, 19 paragraph 2, 5 and 6, 20 para 2, 21, 22 para 6 to 8, 10 and 12, § 24 para 1 Nos. 1 and 2 , 3 and 4 Z 2, 25 par. 1 Z 2 and para. 2, 27 together with heading, 28 para 1 and 2, 29 1, 3 to 5 and paragraph 6 Nos. 1 and 6, § § 30, 31 para 1, 32 para of 4, 33 para 1 Nos. 1 and 4 and 2-5, 34 para 1, para. 2 Z 1 and 3 Z 1 and paragraph 5 , §§ 35 together with the heading, 51 para 1 and 2, 52 para 1, 53 para 1 and 2, the heading of the 7 main piece, the heading of the 1st section of the 7 main piece, sections 54 to 57, including headings, the heading of the 2nd section of the 7 main piece, articles 58 to 61, including headings, the heading of the 3rd section of the 7 main section, § 62, including heading, the heading of the 8 main piece , §§ 63 para. 2 Z 2 and para of 4, 67 paragraph 1 and 2 and 72 Nos. 2, 5 and 7, as well as the table of contents in the version of Federal Law Gazette I no. 87/2012 apply with 1 January 2014. § 15 par. 1 Z 3 and 6, 16 along with heading, 18 para of 2, 20 para 3, 22 (1) to 5, 9, 11 and 13, §§ 23 together with heading, 26 velvet Nos. 1 and 6 as amended by the Federal law, sections 43 to 49, including headings and 64-66a including headings and section 72 heading 27 subsection 7, the heading of the 5th and 6th section of the 4th main piece, paragraphs 36 to 42, including headings, the heading of the 5th main piece BGBl. I. 87/2012 kick at the end of 31 December 2013 override. No."

Article 4

Amendment of the Aliens Police Act 2005

The Aliens Police Act 2005 (FPG), Federal Law Gazette I no. 100, last amended by Federal Law Gazette I no. 50/2012, is amended as follows:

1. in the table of contents entries to articles 3 and 4 are:



„§ 3.





Authorities and organs of the public security service







§ 4.





Awake body of municipality of"





2. in the table of contents entries to articles 9 and 10 are:



„§ 9.





Complaints







§ 10.





Revision"





3. in the table of contents is the entry to the 2nd section of the 2nd main piece:



"Section 2: special procedural rules for the 3 to 6 and 12 until 15 main piece"




4. in the table of contents is the entry for section 11:



"section 11.





Proceedings before the Austrian embassies in visa matters"




5. in the table of contents is the entry for paragraph 12:



"§ 12.





Special provisions for minors for the 3 to 6 and 12 to 15 main piece"




6. in the table of contents, following entries are inserted after the entry for section 15:



'article 15a.





EEA citizens and Swiss citizens







section 15 b.





Beneficiaries of third-country nationals "





7. in the table of contents, following entries are inserted after the entry for section 27:



"3a. section: special permits"







section 27a.





Re-entry during the period of validity of a prohibition of entry or residence ban







section 27 b.





Special permit to refoulement, expulsion and deportation"





8. in the table of contents is the entry to the 5 main units:



"5. showpiece: powers of the organs of public security for immigration authorities and rejection"




9. in the table of contents entry to section 39 is as follows:



"§ 39.





Arrest and detention"




10. in the table of contents is the entry to the main piece of 6 and the following entry is inserted after the entry for section 40:



"6 main piece: rejection, transit protection, expulsion and transit"




11. in the table of contents, following entries are inserted after the entry for section 45:



"§ 45a.





Prohibition of refoulement and expulsion







Article 45 b.





Transit







section 45c.





Through carriage agreements"





12. in the table of contents entries to §§ 48 and 49 are eliminated.

13. in the table of contents is the entry to the main piece of 7 and the following entry is inserted after the entry for section 45 c:



"7 main piece: deportation and toleration"




14. in the table of contents is the entry for section 50:



"article 50.





Prohibition of the deportation"




15. in the table of contents is the entry to the main piece of 8:



"8 main piece: Aufenthaltsbeendende measures against foreigners"




16th the entry to the 1st section of the 8 main piece is in the table of contents:



"1. Abschnitt: Aufenthaltsbeendende measures against third-country nationals"




17. in the table of contents entry to section 54 is eliminated.

18. in the table of contents entry to article 55a is eliminated.

19. in the table of contents entry to § 57 is eliminated.

20. in the table of contents of the entry to the 2nd section of the 8 main piece is eliminated.

21. in the table of contents is the entry for section 61:



"§ 61.





Arrangement to the non-country accommodation"




22. in the table of contents, the entry to the section 3 of the 8 main piece and sections 62 to 64 entries are eliminated.

23. in the table of contents is the entry to the section 4 of the 8 main piece:



"4. Abschnitt: Aufenthaltsbeendende measures against Union legally resident citizens of EEA, Swiss citizens and beneficiaries of third-country nationals"




24. in the table of contents entries § eliminates § 65, 65a and 65B.

25. in the table of contents entry to section 68 is eliminated.

26. in the table of contents of the entry to the article 6 of the 8 main piece is eliminated.

27. in the table of contents entries to articles 72 and 73 are eliminated.

28. in the table of contents, the entry to the 7th section of the 8 main piece and the entries to sections 74 and 75 are eliminated.

29. in the table of contents is the entry for section 81:



"article 81.





"Abolition of remand and milder agent"




30. in the table of contents, the entry to the main piece of 9 and §§ 82 and 83 entries are eliminated.

31. in the table of contents, the entry to the main piece of 10 and sections 84 to 86 entries are eliminated.

32. in the table of contents entry to § 101 is eliminated.

33. in the table of contents entry to § 102 is as follows:



"§ 102.





Transfers of personal data"




34. in the table of contents, the entry for section 103 is eliminated.

35. in the table of contents is the entry to article 110:



"article 110.





"Pre-notification requirement of the Federal Agency and the establishment and residence authorities"




36. paragraph 1 section 1:

"(1) this federal law regulates the exercise of the aliens police, the rejection, the issuing of residence-terminating measures, deportation, tolerance, the enforcement of expulsion decisions of EEA States, the issuance of documents for foreigners."

37. paragraph 1 paragraph 2:

"(2) on asylum seekers (article 2, par. 1 Z 14 of the asylum Act 2005 (AsylG 2005), Federal Law Gazette I no. 100) are the sections 27a, 41 to 43 and 76 paragraph 1 not to apply." On strangers, which was awarded the status of the person with right of asylum or the subsidiary protection entitled the §§ 39 and 76 are furthermore not apply."

38. in article 1, paragraph 3, the quote is "§§ 39 para 2 subpara 2" is replaced by the quote "§§ 39 para 3".

39. in article 2, paragraph 1, the quote (§ 72) the quotation (§ 27a) and the (§ 73) quote the quotation "(§ 27b) will be" replaced.

40. paragraph 2 paragraph 2:

"(2) aliens police is



"1. the granting of entry permits, 2. the prevention of illegal entry by foreigners, 3. monitoring the stay of stranger in the Federal territory, 4. issuing safety certificates, 5. the expulsion and the transit of foreigners, and 6 the prevention and termination of offences under this Federal Act."

41. in article 2 par. 4 Z 13 is eliminated.

42. paragraph 3 together with heading:

"Authorities and organs of the public security service

3. (1) in the framework of 3 to 6 and 12 to 15 main section of this Federal Act operate the organs of public security for the National Police Directorate as authorities of first instance on whose behalf or from private.

(2) within the framework of the 7th, 8th and 11th main section of this federal law, the organs of public security for the Federal Office for foreigners beings and asylum (Federal Office) are as the authority of first instance on its behalf or in its own.


(3) it is obliged by their official doctors in proceedings under this Federal Act and its enforcement to participate, in whose area is the stranger that security authority. § 7 para 4 security police law - SPG, Federal Law Gazette No. 566/1991, shall apply.

(4) in cases in which the locally competent national police Directorate can fail are the necessary measures that the supplied or subordinate bodies of the public security service outside of the District of the authority they are annexed or under may carry official acts after the main piece of 3 to 6 and 12 to 15. They are considered acts of local National Police Directorate; the border a body shall immediately notify the authority of the Act.

(5) the organs of the public security service, which exceed the boundaries of the State of their authority in the fulfilment of tasks after the 3 to 6 and 12 to 15 main piece, apply to this official act as organs of the competent local authority; they have to put them immediately by their actions in knowledge and are bound by their instructions and orders."

43. paragraph 4 together with the heading:

"Community guards body

§ 4. At the request of a municipality, the members of their municipal Constabulary to the care of the aliens police can be mandated through regulation of the country Police Director of the National Police Directorate. They intervene in the execution of these tasks for the Police Directorate of land and can use the powers after the 3 to 6 and 12 to 15 major piece in this Federal Act. The insinuation should be repealed by regulation of the State Police Director at the request of the community or for non-performance of the tasks entrusted to the municipality awake body."

44. in article 5, paragraph 1, 2, 3 and 6, the phrase "Aliens police authorities of first instance" is replaced by the phrase "national police headquarters".

45. in article 5, paragraph 1, the No. 2 is omitted.

46. in paragraph 5, after paragraph 1, the following paragraph 1a is inserted:

(1a) the Federal Office is responsible



1. the order of deportation, the detection of toleration and the enforcement of expulsion decisions by States in accordance with the 7 main piece, 2. the issuing of residence-terminating measures according to the 8 main piece, and 3. the exhibition of Austrian documents for foreigners according to the 11 main piece.

47. in § 5 para 3, 14 para 1, 105 par. 2 is each replaced the phrase "Aliens police authority of first instance" by the phrase "national police headquarters".

48. in article 5, paragraph 3, the word 'Authorities' is replaced by the word "country Police Directorate".

49. in article 5, paragraph 5, the phrase "when the aliens police authorities of first instance" is replaced by the phrase 'Authorities as the national police headquarters'.

50. in article 6, paragraph 1, following word sequence "for the 3 to 6 and 12 to 15 major piece in this Federal Act" is inserted after the phrase "in the country".

51. in paragraph 6, after paragraph 1, the following paragraph 1a is inserted:

"(1a) authorities in Austria after the 7th, 8th and 11th main piece is the Federal agency with nationwide jurisdiction."

52. in article 6, paragraph 2, the phrase "this Act" is replaced by the phrase "the 3 to 6 and 12 to 15 main piece of this Federal Act".

53. in article 6, paragraph 4, the phrase is eliminated ", as well as the deportation except the cases of paragraph 4a".

54. in article 6 the paragraph 4a and 5 are eliminated.

55. in article 6, paragraph 6, the word 'Aliens police authority' is replaced by the word of "national police headquarters".

56. in article 6, paragraph 8 is the quote "section 74 paragraph 3' by the quote" article 45 b paragraph 3 "replaced.

57. in section, the quote (§ 72) 7 (2) is replaced by the quote (§ 27a).

58. in article 8, paragraph 1, the phrase "this Act" is replaced by the phrase "the 3rd section of the 4 main section of this Federal Act" and the word "Vocational representation authority" by the word "Diplomatic mission".

59. articles 9 and 10 together with the headings are:

"Complaints

The administrative courts of the countries decide § 9 (1) on appeals against decisions of the National Police Directorate.

(2) the Federal Administrative Court will decide appeals against decisions of the Federal Office.

(3) the Federal Administrative Court will decide appeals against decisions of the representative authorities.

(4) the complainant not to enter may after Austria, a hearing by the Federal Administrative Court can be omitted when the facts finally is determined.

Revision

§ 10. Against the findings of the administrative courts of countries on appeals from decisions of the National Police Directorate entitled to the Federal Minister of the Interior, to raise revision of the notification of the decision to the National Police Directorate at the administrative court."

60. in the heading of the 2nd section of the 2nd main piece, the phrase "for the 3 to 6 and 12 until 15 main piece" is attached after the word "Procedures".

61. the heading of section 11 is as follows:

"Proceedings before the Austrian embassies in visa matters"

62. in article 11, paragraph 4, the word "Appellate authority" is replaced by the word "Appeal".

63. in the heading of § 12, the phrase "for the 3 to 6 and 12 to 15 main piece" is attached after the word "Minor".

64. § 12 par. 1 and 2 are:

"(1) for the entrance of the ability to act according to the main piece of 3 to 6 and 12 to 15, Austrian law is decisive, irrespective of the nationality of the foreigner if not otherwise determined is."

(2) minors strangers who have reached the age of 16, are able to act in proceedings under the section 3 of the 4 main piece."

65. in article 12, paragraph 3, the last sentence is the phrase "Minor foreigners" by the word "Stranger" and the phrase "16 years of age" by the phrase "18 years" replaces and eliminates.

66. in the articles 12 (4) and 12a each the phrase "this Act" by the phrase "the 3 to 6 and 12 to 15 main piece" replaced.

67. in paragraph 12 paragraph 4, 12a, 39 paragraph of 6, 45 para 2, 100 para of 2 and 113 para. 6 respectively the phrase "the authority" by the phrase "the National Police Directorate" replaced.

68. in the heading of the 3 main section of the phrase "as well as the rejection" is added after the word "Alien".

69th in the §§ 13, subsections 1 and 3, 32 3, 79 par. 4, 98 para 1 and 2, 99 para 1 and 4, 100 paragraphs 1 and 4, 104 para of 1 and 105 para 1 is each word "Aliens police authorities" replaced by the word "national police headquarters".

70. in article 13, paragraph 1, the phrase "in this Act" is replaced by the phrase "after the 3 to 6 and 12 to 15 main piece".

71. in article 13, paragraph 3, the phrase "by the Federal law" is replaced by the phrase "after the 3 to 6 and 12 to 15 main piece".

72. in article 14, paragraph 1, the phrase "this Act" is replaced by the phrase "The 3 to 6 main or the 12th to 15th main piece".

73. in § 14 para 2 is omitted.

74. in article 15, paragraph 1 is the word "need" by the word "need" and the phrase "and departure from the Federal territory" by the phrase "Germany and exit from this" replaced.

75. in sections 15 para 4 Z 4 and 31 para 1a Z 2 is the quote "(§ 48 Abs. 1)" by the quote "(§ 45b Abs. 1)" replaced.

76. in the § 18 para 1 subpara 1, 19 together with heading and 39 para 2 Z 3 is each replaced the word "Übernahmserklärung" by the word "Transfer Declaration".

77. in article 18, paragraph 1 Z 2 adds the phrase "or AsylG 2005" "Settlement and residence Act" after the phrase.

78. in article 18, paragraph 1 Z 3 is the quote (§ 48) by the quote "(§ 45b)" replaced.

79. in article 21, paragraph 7 Z 1 is for the word "Foreign" the phrase "a final return decision or" inserted.

80th in § 24 para 4 and 120 para. 2 Z 2 is each "Federal Asylum Office" by the word "Federal" replaced.

81. in section 25, paragraph 7 is the quote of "(§ 99 Abs. 1 Z 6)" by the quote "(§ 99 Abs. 1 Z 7 und Abs. 4)" replaced.

82. in article 26, paragraph 2, the phrase "the aliens police authority" is replaced by the phrase "the National Police Directorate".

83. in article 27, paragraph 1, the phrase "a return decision," inserted after the word "Foreign".

84. in the sections 27 para 3, 38 para 3, 78 para. 6, 7 and 8, 79 paragraph 1, 105 para. 1, 4, 5 and 10, 106, 107 para. 1 and 2, 109, 110 and 113 is paragraph 3 each the word "Aliens police authority" replaced by the word "country Police Directorate".

85. According to section 27 is the heading of the 3a. Section of the 3 main piece is inserted:

"3a. section:"

Special approvals"

86. in the sections 27a, paragraph 3 (new), 56 para 2 Z 2, 71 para. 2 No. of 2 and 77 paragraph 3 is no. 2 replaced the phrase "at a police squad" by the phrase "at an Office of a National Police Directorate".

87. section 27 b paragraph 1 replaces the quote "articles 65 and 65a" by the quote "§§ 15a and 15B".

88. in paragraph 27, para 2 is replaced the quote "§ 72 ABS. 3, 5 and 6" by the quote "sec. 27a para. 3, 5 and 6".

89. in article 30, paragraph 4 is omitted.


90. in article 31, paragraph 1, no. 1 is inserted after the phrase "entry title" the phrase "or of the visa-free stay".

91. in article 31, paragraph 1, no. 4 is replaced by the phrase "the AsylG 2005" the phrase "asylum provisions".

92. in article 31, paragraph 1a No. 4 replaced the quote "sections 55 or 55a" by the quote "section 55".

93. in article 31, para. 3, Z 1 the phrase "a upright residence ban according to section 60" is replaced by the phrase "a upright return decision pursuant to § 52".

94. in § 31 para 3 Z 3 is omitted.

95. in article 31 the following paragraph 4 is added after paragraph 3:

"(4) children who are not Austrian citizens, reside lawfully during the first six months of life in the Federal territory, provided that the mother or a different stranger to the care and upbringing of the child, is legally established in the Federal territory; This applies, as long as the person concerned is lawfully established in derivation from the father only, if this comes to the right to the care and education alone. "In addition, such children are legally on size, during the first six months of life unless and until their care and upbringing to an Austrian citizen with principal residence in the Federal territory alone."

96. in article 32, paragraph 1, the phrase "the authorities" is replaced by the phrase "the National Police Directorate".

97. in § 32 para 2 subpara 1 is eliminated.

98. in article 32, paragraph 4, "Settlement and residence Act"following word sequence", a residence permit after the AsylG 2005" is inserted after the phrase.

99. in the heading of the 5th main piece is the phrase "for immigration authorities and rejection" after the word "Security".

100. in article 34, paragraph 1, the Nos. 2 and 3 are eliminated.

101. in § 36 para 1 subpara 1 is eliminated.

102. in the sections 37, paragraph 1 Z 1 and 99 par. 1 Z 2 is replaced the phrase "under this Federal Act" by the phrase "in accordance with section 39".

103. in article 37, paragraph 1, the phrase "Deportation," is no. 2.

104. in article 38, paragraph 1 and 3, the twist each eliminates 'Deportation,"and the phrase"or the AsylG 2005'.

105. in article 38, paragraph 1 and 3, the phrase "under this Federal Act" is replaced by the phrase "after the 3 to 6 and 12 to 15 main piece".

106. in article 38, paragraph 2 is omitted.

107. the heading of section 39 is as follows:

"Arrest and detention"

108. in article 39, paragraph 1, the phrase "Authority to arrest" is replaced by the phrase "country police authority to arrest and hold up to 24 hours".

109. in article 39, paragraph 2, it is for the word "arrest" following word sequence "and up to 48 hours to stop" inserted as well as accounts for the Nos. 1 and 2.

110. paragraph 39 paragraph 3:

"(3) the organs of public security are authorized to detain an alien for the purpose of the demonstration against the national police headquarters and up to 24 hours to stop, if he"



1 not lawful in the Federal territory is entered and is entered within seven days 2. seven days after entry into the territory of the Republic of Austria on the basis of a readmission agreement had to be taken back, 3. seven days after his visa-free or visa-requiring residence in the Federal territory is no longer lawful, is entered or 4th during a departure not legally resident in the territory of the Federal is stepping."

111. in article 39, paragraph 4, the quote is "para 1 subpara 1, para 2 subpara 2 and paragraph 3" is replaced by the quote "para 1 or 3".

112. paragraph 39 para 5:

"(5) the National Police Directorate is without contact undue delay about the arrest took place. The detention of a stranger is allowed in the cases of paragraph 3 up to 48 hours if it arranges the National Police Directorate to ensure the expulsion. Was arrested over his desire to confirm in writing is the detained alien."

113. in paragraph 39, according to paragraph 5, the following paragraph 5a is inserted:

"(5a) can complete an expulsion pursuant to article 45, not during a detention in accordance with paragraph 5 and is based on reasons that not by the National Police Directorate are responsible, so a detention up to a maximum of 120 hours is allowed only if the National Police Directorate this to ensure the expulsion by a mandate decision (§ 57 AVG) arranges."

114. in article 39, paragraph 6, the quote "section 74 paragraph 3" the quotation is "article 45 b paragraph 3" and the phrase "the remand" with the phrase "this to the securing of transit" replaced and inserted the phrase after the word "Detention" "48 hours".

115th in the §§ 39 para 6, 45 para 1, 45B para 1 new and 113 paragraph 1 each the phrase 'the authority' by the phrase "the National Police Directorate" replaced.

116. the previous title of the 6th main piece is eliminated and following new heading of the 6 main piece according to § 40 shall be inserted:

"6 main piece:"

Refoulement, transit security, expulsion and transit"

117. in section 41, paragraph 2 Z 2, the phrase "no permit to re-enter (§ 72)" is replaced by the phrase "no visa to re-enter (§ 27a)".

118. in § 41 para 3, 43 par. of 3 and 45 para 3, the phrase "the independent administrative Senate" is replaced by the phrase "the Administrative Court of the country".

119. in article 43, paragraph 1 Z 3 is after the word "Flight transit visa" the phrase "in accordance with Regulation (EC) No. 810/2009 establishing a code on visas (Visa code), OJ community no. L 243 of September 15, 2009 S 1" inserted.

120. in paragraph 44, the word "Authority" is replaced by "national police headquarters".

121. in article 45, paragraph 1 does not apply in no. 2 the word "or" and is the point through the turn in no. 3 ", or" replaced and added following Z 4:



"4 during an exit procedure not legally resident in the territory of the Federal enter are."

122. According to § 45 para 3, the following paragraph 4 is added:

"(4) the expulsion of a foreigner is not possible, immediately to put the Federal Office in knowledge."

123. According to article 45, the following § 45a and heading shall be inserted:

"Prohibition of refoulement and expulsion (Refoulementverbot)

§ 45a. (1) preventing the entry, the rejection or expulsion stranger in a State is inadmissible if this article the abolition of the death penalty would violate 2 or 3 of the European human rights Convention (ECHR), Federal Law Gazette No. 210/1958, or Protocol No. 6 or no. 13 to the Convention for the protection of human rights and fundamental freedoms or a serious threat of death or as a result of random violence in the context of international or national conflict would be associated for them as a civilian.

(2) the rejection or expulsion stranger in a State or preventing from entering from a State is inadmissible if there are sound reasons to believe, that there their lives or their freedom for reasons of their race, their religion, their nationality, their membership of a particular social group or their political views would be threatened (art. 33 No. 1 of the Convention relating to the status of refugees) , Federal Law Gazette No. 55/1955, as amended by the Protocol relating to the status of refugees, Federal Law Gazette No. 78/1974), except that there is an internal flight alternative (§ 11 AsylG 2005).

(3) the refusal or the expulsion in a State is not permitted, as long as the recommendation is contrary to an interim measure by the European Court of human rights.

(4) proves the rejection or the expulsion of strangers, which applied for international protection according to the asylum Act of 2005 due to the lack of jurisdiction in Austria has been rejected, is in the third State as impossible, it immediately to inform the Federal Office.

(5) residents, citing one of the threats referred to in paragraphs 1 to 3, may be rejected only or pushed back after she had the opportunity to present any opposing reasons. The National Police Directorate is to put in these cases before the rejection of the facts of the case having regard to and has then to decide on the rejection."

124. the previous sections 48 and 49 and headings receive the terms of paragraph 45b and 45c with headings.

125. Article 45 b paragraph 1 (new) replaces the quote 'paragraph 49"by the quote"section 45 c".

126. Article 45 para 2 (new) replaces the quote "§ 50 para 1 or 2" by the quote "section 45a, paragraph 1 or 2".

127. According to article 45, the following paragraph 3 is added to b, paragraph 2 (new):

"(3) for a stranger by be is transported, a transfer order is to be issued. This was made in the exercise of administrative authority the power to command and is on record to make."

128. the existing heading of the 7 main piece is eliminated and following new heading of the 7 main piece is inserted after section 45 c:

"7 main piece:"

Deportation and toleration"

129. in article 46, paragraph 1, the phrase is ' expulsion (§§ 61, 66, § 10 AsylG 2005) "is replaced by the phrase"The except the country market, a deportation order".


130. in the articles 46, paragraph 1, the phrase "the authority" is replaced by the phrase "Federal".

131. in paragraphs 46 para 2, 2a and 4, 46a par. 1a and 3, 53 para of 2, 58 paragraph of 2, 66 par. of 2, 71 para 1, 77 para 1, 81 § 2 and article 121, paragraph 1 each the phrase "the authority" by the phrase "the Bundesamt" replaced.

132. in the §§ 46 para 2a and 3, 46a para of 2, 55 par. of 4, 58 para of 1, 60 par. 1, 77 para 1, 80 para of 1, 6 to 8, 81 paragraph of 3, 94 paragraph 3, 94a, paragraph 1 and 2 shall be replaced respectively, the phrase "The authority" by the phrase "The Bundesamt".

133. § 46 para 2a is not available in the phrase "in its operational area have their stay and" as well as the penultimate sentence.

134. in § 46 para 3 and 77 para 1 is the word "she" replaced by the word "it".

135. in article 46, paragraph 5, the phrase "the independent administrative Senate" is replaced by the phrase "the Federal Administrative Court".

136. in the sections 46a par. 1a, 55 para of 2, 56 para 4 and 6, 58 paragraph of 2, 71 para 4 and 6, 77 paragraph 3 is Nos. 1 and 6 respectively replaced the phrase "by the authority" by the phrase "by the federal authority".

137. According to article 46a, paragraph 1 b, the following paragraph 1 c shall be inserted:

"(1C) the stay of foreigners in the Federal territory is also tolerated if the Federal Agency has determined that the issuing of a return decision in respect to § 9 para 1 to 3 temporarily BFA-VG is inadmissible."

138. in section 46a, paragraph 2, the phrase "under this Federal Act or upon completion of proceedings after the AsylG 2005" is replaced by the phrase "before the Federal Office".

139. in article 46a, paragraph 3, the phrase is "the card without delay the authority" by the phrase "the card immediately the Federal Office" replaced.

140. in article 46a, paragraph 3, the phrase is "accepted cards are immediately submit the authority intervened the organ in their local area. This has the card to the competent authority to forward."by the phrase"Of the organs of public security accepted cards are immediately the Federal Agency to submit."replaced.

141. in paragraph 46 b 1 is the phrase "Member State of the European economic area" by the phrase "EEA State" as well as in paragraph 2 the phrase "the aliens police authority" replaced by the phrase "the Bundesamt".

142. in paragraph 46, b paragraph 3 is replaced the quote "articles 52, 54 and 66" by the quote "sections 52 and 66".

143. in the heading of section 50, the phrase ", expulsion and refoulement" is omitted.

144. in article 50, paragraph 1, the phrase does not apply ' rejection, the barrier to entry, expulsion or ".

145. in article 50, paragraph 2, the phrase is replaced "Rejection or expulsion stranger in a State or preventing from entering from a country" by the phrase "Deportation to a State".

146. in article 50, paragraph 4 is omitted.

147. in paragraph 51, para 4 and 6 are eliminated.

148. the heading of the 8 main piece is as follows:

"Terminating a residence measures against foreigners"

149. the heading of the 1st section of the 8 main piece is as follows:

"Terminating a residence measures against third-country nationals"

150th paragraph 52 section 1:

"(1) against a third-country national has the Federal decision to issue a return decision, if he is"



1 not legally resident in the country or 2 not lawfully resided in the Federal territory and initiated the return decision procedures within six weeks of departure."

151. in paragraph 52, receive the previous para 2 and 3 the sales designation (6) and (7) and be inserted following paragraph 2 to 5:

"(2) against a third-country national has the Federal Office under a (§ 10 AsylG 2005) permit a return decision to adopt, if"



1. the application for international protection because of third-State security will be rejected, 2. as regards both the granting of the status of the asylum owner as also the granting of the status of the subsidiary protection beneficiary will be rejected its application for international protection, 3. the status of the person entitled to asylum is stripped him, unless it comes to the granting of the status of the subsidiary protection beneficiary or 4. the status of the subsidiary protection beneficiary is stripped him and no case of §§ 8 2 AsylG 2005 is paragraph 3a or 9 para and him no right of residence comes to under other federal laws. This does not apply to beneficiaries of third-country nationals.

(3) against a third-country national has the Federal Office under a decision to issue a return decision, if its application for a residence permit in accordance with §§ 55, 2005 back - 56 or 57 AsylG or will be rejected.

(4) a third-country nationals who are legally resident in Germany, gave the Federal decision to issue a return decision, if



1. subsequently a refusal reason in accordance with § 60 AsylG 2005 or § 11 para 1 and 2 NAG occurs or known of the granting of the last granted residence permit will, would be granted against entry title or the allowed visa-free entry, 2. a residence permit in accordance with article 8, paragraph 1 Z 1, 2 or 4 NAG was granted he is the employment available and more than four months of any permitted paid employment is addressed in the first year of its establishment , 3. a residence permit in accordance with article 8, paragraph 1 Z 1, 2 or 4 NAG was granted, for more than one year but less than five years in the Federal territory is established and during the period of one year almost continuously any permitted gainful employment pursued it, 4. the granting of a further residence title a refusal reason (§ 11 par. 1 and 2 NAG) precludes or NAG the module 1 of the integration agreement in accordance with § 14a 5 reasons , which exclusively by the third-country nationals are responsible, was not fulfilled.

Be the authority after the NAG facts known, that justify a return decision, it is obliged by connecting the relevant documents to inform the Federal Office. NAG in the case of the renewal process in accordance with section 24 the Federal Agency has to pay tribute to all those circumstances, NAG of third-country nationals in the context of such proceedings to the authority after the already had evidence can and must.

"(5) a third-country nationals, which was legally established before realization of relevant facts of the case in the long term and with a residence permit"Long-term resident – EC"or"Long-term resident - family member"has, the Federal Agency to issue a return decision, if the requirements pursuant to article 53, par. 3 justify acceptance, that his further stay would constitute a present and sufficiently serious threat to the public order or safety."

152. According to § 52 paragraph 7 (new) be added following paragraph 8 to 11:

"(8) the return decision will be in the case of § X BFA VG or enforceable with admission of legal force and committed the third-country nationals to the immediate exit in his State of origin, a transit country of according to European Union law or bilateral readmission agreements or other agreements, or another third State, unless a period for voluntary departure has been granted him not." In the case of an appeal against a return decision, article 66 para 4 is AVG to apply, even if he no longer resides at the time of the appeal decision in the Federal territory.

(9) the Federal Office has with a return decision at the same time to determine that an expulsion of third-country nationals in accordance with section 46 in one or more specific States is allowed, except that this from is not possible by the third-country nationals for reasons beyond its control.

(10) the expulsion of third-country nationals in accordance with section 46 can also be through other than States identified in paragraph 9.

(11) the fact that BFA-VG was established in a procedure to issue a return decision whose inadmissibility pursuant to § 9 para 3, does not prevent, in proceedings further to the adoption of such a decision once again to make a decision in accordance with article 9, paragraph 1 BFA-VG, if the stranger in the meantime has again set a behavior that would justify the issue of a return decision."

153. in article 53, paragraph 1, the phrase "a travel ban under a" by the phrase is "by the Federal agency decision a ban under a" replaced.

154. in paragraph 53, after paragraph 1, the following paragraph 1a is inserted:

"(1a) a ban on entry is subject to the para to issued 2 and 3, for a period of 18 months."

155. in section 53 para 2, the phrase does not apply ", subject to paragraph 3," and the word "minimum" by the phrase "more than" and the phrase "whether stay" by the phrase "extent to which the stay" replaced.

156. in section 53 para 2, the phrase is eliminated No. 6 ", unless he is legally travelled to work and followed more than six months a permitted gainful employment within the last year in the Federal territory".

157. § 54 including the header is omitted.

158. in article 55, after paragraph 1, the following paragraph 1a is inserted:


"(1a) a period for voluntary departure is no AVG for cases of rejecting decision pursuant to section 68 and if a decision on the basis of a procedure in accordance with section X BFA-VG is feasible."

159. in article 55, paragraph 2, the word "Issue" is replaced by "Force of law".

160. in § 55 section 4 is the quote "§ 57" by the quote "section X BFA-VG" and the word "Vocation" replaced by the word "Complaint".

161. section 55a and heading is eliminated.

162. in article 56, paragraph 1, the phrase "the authority" is replaced by the phrase "The Federal agency or the Federal Administrative Court", and the phrase "with mandate notification" inserted after the word "third country nationals".

163. in article 56, paragraph 1 the quote is replaced "they" "§§ 55 or 55a" by the quote "section 55" and the word with the phrase "the Bundesamt".

164. in paragraphs 56 para 2 Nos. 3 and 4, 71 para 2 No. of 3 and 77 para 3 is no. 3 each the word sequence "with the authority" is replaced by the phrase "at the Federal Office".

165. in § 56 para 2, 3 is the word in Z "or" by a comma and Z 4 the point "or" replaced by the word and added following Z 5:



"5. in areas designated by the Federal Office accommodation to obtain."

166. in § 56 para 4, 71 par. 4 and 77 para. 6 respectively, the phrase "a determined police squad" by the phrase "a to be determined Department of National Police Directorate" and the phrase "the competent police command" by the phrase "the competent services a National Police Directorate" replaced.

167. § 57 including header is omitted.

168. in article 58, paragraph 1, the word is "immigration" and in section 58, paragraph 2, the phrase is "against enforceable deportation in accordance with § 10 AsylG 2005 adopted was, except to a rejecting decision pursuant to § 5 AsylG 2005 or after each other, rejecting decision according to § 5 AsylG 2005 following, rejecting decision in accordance with article 68, paragraph 1 AVG," by the phrase "whose application for international protection has been returned or rejected and an enforceable decision of return or an enforceable deportation has been issued against the" and the quote "section 74" by the quote "§ 34 BFA-VG" replaced, as well as accounts for the last two sentences.

169. in paragraph 59, the paragraphs 1 and 2 are eliminated.

170. in article 59, paragraph 3, the word "Foreign" is replaced by the word "third country nationals".

171. paragraph 59 para 5:

"(5) an upright final return decision is against a third-country nationals already, so it is necessary for all subsequent procedural steps after the 7th, 8th and 11th showpiece or the AsylG 2005 of any new decision of return, unless new facts pursuant to § 53 para 2 and 3 have come out."

172 the following paragraph 6 is added after paragraph 5 section 59:

"(6) if the third-country nationals brings a request for international protection, a return decision is temporarily not feasible



1. until the suspensive effect is not recognized to a complaint against a decision of pointing back (§ X BFA-VG) or 2 until stripped the suspensive effect of an appeal against a decision (§ X BFA-VG).

"Z is a subsequent application pursuant to § 2 para 1 23 AsylG 2005 shall apply paragraph 12a AsylG 2005."

173. in article 60, paragraph 1 is the quote "section 53 para 1 and 2" by the quote "section 53 para 1a and 2" replaced.

174. in paragraph 60, par. 2, 4 and 5 are eliminated.

175. in article 60, paragraph 3, no. 2 replaced the quote "articles 41a para 9 and 10, 43 para. 2 and 4 and 69a NAG" by the quote "sections 55 to 57 AsylG 2005".

176. the heading of the 2nd section of the 8 main piece is eliminated.

177. paragraph 61 together with the headline is:

"Arrangement to the non-country accommodation

61. (1) the Federal Office has against a third-country nationals to arrange a non-country accommodation, if



1. the application for international protection in accordance with paragraphs 4a or 5 AsylG 2005 is rejected or to each other, a rejecting decision pursuant to Section 4a or 5 AsylG 2005 following, rejecting decision in accordance with article 68, paragraph 1 he has submitted a request for international protection AVG or 2nd in another Member State and that Member State is contracted or responsible on the basis of the Dublin Regulation to the examination of this application. This does not apply to beneficiaries of third-country nationals.

(2) an order to the save the land market has resulted in that expulsion of third-country nationals in the destination country is allowed. The arrangement be preserved within 18 months of the exit of third-country nationals.

(3) if the implementation of the arrangement to the except the country market for reasons that lie in the person of the third-country nationals, would constitute a violation of article 3 of the ECHR, and these are not permanent, is the implementation for the time necessary to postpone.

(4) the arrangement to the non-country accommodation shall cease to force, if the asylum procedure in accordance with § 28 AsylG 2005. "

178. the heading of the 3rd section of the 8 main section and the sections 62 to 64 and heading are eliminated.

179. in the heading of the 4th section of the 8 main piece is the phrase "as well as family members of Austrians, not Union legally resident EEA citizens and Swiss citizens."

180. the previous § § 65 and 65a with headlines get the paragraph names 15a and 15B including headings.

181. paragraph 65b together with heading is eliminated.

182. in article 66, paragraph 4 is eliminated.

183. in article 67, paragraph 2 is the phrase after the word 'can' ", subject to paragraph 3," added.

184. in article 67, paragraph 5 is omitted.

185. § 68 together with heading is eliminated.

186th in the §§ 69, paragraph 1, 70 para 1 and 4 Nos. 3 and § 71 para 4 and 6 respectively the phrase "the stranger" by the phrase "The EEA citizens, Swiss citizens or beneficiaries of third-country nationals" replaced.

187. in article 69, paragraph 1, is the quote "section 73" by the quote "section 27 b" replaced.

188. in article 69, paragraph 2, the phrase is "a deportation and a ban on residence are" "is a ban on residence by the phrase" and the word "their" replaces "its" with the word.

189. in article 69 paragraph 3 and 71, para 3, 4 and 6 is replaced the word "Foreign" by the phrase "EEA citizens, Swiss citizen, or beneficiaries of third-country nationals".

190. in article 70, paragraph 2 is omitted.

191. the heading of the 6th section of the 8 main piece is eliminated.

192. the previous sections 72 and 73 together with headlines get the paragraph designation 27a and 27B including headings.

193. the heading of the 7th section of the 8 main piece as well as the sections 74 and 75 and headings are eliminated.

194. in article 76, paragraph 1, which is after the phrase "return decision" word order ", an arrangement to the non-country accommodation" inserted and deleted the phrase ", the expulsion or the transit".

195. in article 76, paragraph 2 and 2a, the phrase "The locally competent aliens police authority" is replaced by the phrase "The Bundesamt".

196. in paragraph 76, paragraph 2, the phrase is ' expulsion in accordance with § 10 AsylG 2005 "replaced by the phrase"Return decision, issuing a warrant for the non-country accommodation".

197. in paragraph 76, paragraph 2 Z 1 is the phrase "expulsion (§ 10 AsylG 2005)" is replaced by the phrase "Return decision".

198. in paragraph 76, paragraph 2 Z 2 is the phrase "under the provisions of the asylum Act 2005 an expulsion procedures" by the phrase "a procedure for the issuing of a residence-terminating measure in accordance with § 27 AsylG 2005" replaced.

199. in article 76, paragraph 2 Z 3 is after the word "Return decision" the phrase ", an enforceable order to the non-country accommodation" inserted.

200th in § 76 para 2a No. 1 is the phrase "one against the asylum seekers with a rejecting decision according to § 5 AsylG 2005 joined" by the phrase "against him a delegate back decision in accordance with Article 4a or 5 AsylG 2005 and an enforceable order to the non-country accommodation or a" replaced.

201 in § 76 para 2a No. 4 is the phrase "under the provisions of the asylum Act 2005 an expulsion procedure" by the phrase "in accordance with § 27 AsylG 2005 an procedures for the issuing of a residence-terminating measure" and the phrase "§ 15 para 1 Z 4 penultimate sentence AsylG 2005" through the turn "§ 13 para 2 BFA-VG" replaced.

202. in section 76 para 2a is in the final paragraph of the phrase "of the procedure for issuing an expulsion in accordance with § 10 AsylG 2005" is replaced by the phrase "proceedings for the issuing of a residence-terminating measure".

203. in article 76, paragraph 3, the last two sentences are eliminated.

204. in paragraph 76, paragraph 4 and 7 are eliminated.

205. in section 76 para 5, the phrase "an arrangement to the non-country accommodation" is inserted after the phrase "a return decision".

206. in § 77 para 2, the quote is "article 99 par. 1 Z 1" by the quote "article 24, paragraph 1 Z 4 BFA-VG" replaced.

207. in section 77, paragraph 4, the phrase "to the authority" is replaced by the phrase "to the Federal Agency".

208. in article 77, paragraph 5, the phrase ", the expulsion or transit" is eliminated.


209. section 77 shall be added after paragraph 7 following paragraph 8 and 9:

"(8) the slighter means is by a decision to order; This is in accordance with § 57 to enact AVG, unless the stranger were not just in the short term at the initiation of the procedure to its enactment for any other reason in prison. Not enforced decisions pursuant to section 57 AVG apply 14 days after its enactment as revoked.

(9) the National Police Directorate meet Z 1 provision concerning the premises to the Unterkunftnahme referred to in paragraph 3."

210. in article 78, paragraph 1, the first two sentences are:

"That is in the arrest of the National Police Directorate to remand. A State police headquarters detention fails to understand that, is a National Police Directorate, which has detention room, to seek implementation of the."

211. in article 78, paragraph 1, the word "Authority" is replaced by the word 'Safety authority'.

212. in article 78, paragraph 2 is omitted.

213. in article 78, par. 4, the phrase ", expulsion or transit" is required.

214. paragraph 78 paragraph 5:

"(5) the National Police Directorate are to take care, that are in each country so many detention spaces available, when there's the average extent imposed detention."

215. Article 78 paragraph 6 replaces the phrase "The return decision, the expulsion or the ban on residence" by the phrase "the measures terminating a residence".

216. in article 80, paragraph 5, the word "Expulsion" by the phrase "stay-terminating measure" and the quote is "§ 37 AsylG 2005" by the quote "section X BFA-VG" as well as the word "asylum Tribunal" be replaced by the word "Handelshof".

217. in article 80, paragraph 5, the phrase "the asylum Court" is replaced by the phrase "the Federal Administrative Court".

218. in article 80, paragraph 6, the quote is "§ 82 par. 1 Z 3" by the quote "§ X BFA-VG" replaced.

219. in article 80, paragraph 7, the phrase "by the locally competent independent administrative Senate" is replaced by the phrase "by the Federal Administrative Court", the phrase "the independent Administrative Senates" by the phrase "the Federal Administrative Court", and the phrase "While she" by the phrase "While the Federal Agency has" and the phrase "The independent administrative panel of appeal" by the phrase "The Federal Administrative Court".

220. the heading of article 81 is:

"Abolition of remand and milder agent"

221. in article 81, paragraph 1 Z 2, the phrase "the independent administrative panel of appeal" is replaced by the phrase "the Federal Administrative Court".

222. in article 81 4 the following paragraph is added after paragraph 3:

"(4) is the slighter means to repeal by an informal message, if"



1 pursuant to §§ 77 in conjunction with 80 can no longer be maintained, or 2. the Federal Administrative Court has determined that the conditions for its continuation is not available.

Is the slighter means informally been lifted, he is considered their underlying decision revoked; the Federal Agency has to make this public record."

223. the heading of the 9 main section and the sections 82 and 83 complete with headings are eliminated.

224. the heading of the 10 main section and the sections 84 to 86, including headings are eliminated.

225. in article 93, paragraph 1, no. 3 is replaced by the phrase "Of the Federal agency or the representative authority" the phrase 'the authority'.

226. in article 93, paragraph 2, the phrase "the authority" is replaced by the phrase "the Bundesamt".

227. in article 93, paragraph 3 the phrase is replaced by the phrase "the Federal Agency to submit." "The authority to present," and deleted the phrase "intervened in their local area of effect the body. It has to forward the fiancé to the authority which has the withdrawal."

228. in article 94, paragraph 3 is replaced "him" 'her' by the word.

229. in section 94a, para 6, no. 2, the phrase "the authority" is replaced by the phrase "Federal".

230 in article 94a, paragraph 6 the phrase replaced "are immediately the authority" by the phrase "the Federal Agency are immediately".

231. in article 99, paragraph 1, the Nos. 1 and 4 to 6 are eliminated.

232. in article 99, paragraph 1, the quote (§ 72) is eliminated No. 7.

233 § 99 paragraph 2 the quote "ABS 1 Z 6 and 7" replaces "ABS 1 Z 7" with the quote.

234. in § 99 para 3 Z 3 is the phrase "para 1 No. 1 to 3 a return decision, a ban on residence nor an expulsion adopted or an expulsion" by the phrase "ABS 1 Z 2 or 3 not a retraction" replaced.

235. in § 99 para 3 Z 4, 6 and 7 are eliminated.

236. § 99 para 3 Z 5 is:



"5. the rejection or expulsion five years since you are."

237. in § 99 para 5, the quote "ABS 1 Z 1, 2, 3, and 6" is replaced by the quote "para 1 Nos. 2 and 3".

238. in article 100, paragraph 3, the quote is "§ 99 para 1 Nos. 6 and 7" by the quote "article 99 par. 1 Z 7" replaced.

239. in section 100, subsection 4, the quote is "§ 99 para 1 Nos. 1 to 6 and 8" by the quote "§ 99 para 1 Nos. 2, 3 and 8" replaced.

240 § 101 with header is omitted.

241. the heading of section 102 is as follows:

"Transfers of personal data"

242. in paragraph 102, para 1 to 3 and 5 are eliminated.

243. in paragraph 102, paragraph 4 is the quote "Paragraph 1" by the quote "section 27 para 1 BFA-VG" replaced.

244. Article 103 and heading is eliminated.

245. in article 104, paragraph 2, the phrase is "aliens police authorities are empowered by the residence authorities, by the Federal Asylum Office, and by the asylum Court" by the phrase "National Police Directorate are empowered by the authorities after the NAG from the Federal Agency and the Federal Administrative Court" replaced.

246. in article 105 par. 2, the phrase "the aliens police authority" is replaced by the phrase "the State Police Division" and the phrase "The aliens police authority" by the phrase "the National Police Directorate".

247. in article 105 par. 2 and 5, the last sentence is eliminated each.

248. in paragraph 105, para 3 and 6 to 9 are eliminated.

249. in paragraph 106, turn is replaced by the phrase "5 or 6 main piece" "5 to 9 main piece".

250 paragraph 108 paragraph 1:

"(1) unless the Federal Government to conclude Government agreement referred to in article 66 (2) B-VG is authorized, it may enter into intergovernmental agreements on the transfer of the data of those individuals who are legally punished in accordance with the sections 114 or 117, referred to in paragraph 2 to specific recipients. It should be provided that reciprocity is granted and a deletion in a Contracting State within half a year also leads to a deletion of data that is sent to the State of another contracting."

251. in section 108, paragraph 2 the quote "ABS 1 Z 2" is replaced by "Paragraph 1" quote and deleted the phrase "Return decision or the prohibition of stay".

252. in the heading of section 110 is the phrase after the word "Pre-notification requirement" "of the Federal Agency and" inserted.

253. in paragraph 110, the word order is after the word "Share" "the Federal Office or" and after the phrase "to rise and" the phrase "the Federal Office and" as well as to the phrase"deadline," the phrase "the Federal Office and" replaced.

254. in section 112, paragraph 2, the phrase "of § 50 para 1" by the phrase "the articles 45a, paragraph 1 or 50 para 1" will be replaced.

255. in article 113, paragraph 1 Z 1 is omitted the phrase "the return decision, expulsion, prohibition of residence or".

256. in paragraph 113, the paragraph 2 and 7 are eliminated.

257. in article 113, paragraph 4 the phrase "or with the deportation" is required as well as the No. 2.

258. paragraph 113 paragraph 6:

"(6) the costs, replacing to dictate the National Police Directorate who are of the country Police Directorate, in whose area the stranger is, to introduce. § 79 AVG shall apply accordingly. Z 1 to 4 is the Federal Government. non-recoverable costs referred to in paragraph 1"

259. in paragraph 120, paragraph 2 No. 2, the word "asylum Tribunal" is replaced by the word "Federal".

260 section 120 para 5 Z 5 replaces the quote "sections 55 or 55a" by the quote "section 55".

261. in article 121, paragraph 1, the quote is "section 46a par. 1a, 54 paragraph 4, 56, 63 para 4 or 71" by the quote "sections 46a par. 1a, 56 para 2 Z 1 to 4 or 71" and the quote "§ 54 para 4, 56 para of 3, 63 para of 5 or 71 paragraph 3" by the quote "articles 56 paragraph 3 or 71 paragraph 3" replaced.

262. in article 121, paragraph 2, the phrase is "§ 15 para 1 Z 4 penultimate sentence or" by the phrase "§ 13 para 2 BFA VG or §" replaced.

263. § 121 paragraph 3 No. 1 is:



"1 pads, the authority for grants in accordance with §§ 27 has granted him a or 27 b, disregarded or" 264. In section 121, subsection 4, the twist will be after the quotation "§ 36 para 1" "or article 37, paragraph 1 BFA-VG" inserted.

265. in § 121 paragraph 6 is the quote "§ 120 paragraph 1, 2, 3 or 4" by the quote "§ 120 paragraph 1, 1a, 2, 3, or 4" replaced.

266. 11 the following paragraph is added after paragraph 10 the § 126:


"(11) the sections 1 para 1 to 3, 2 para 1 and 2, articles 3 and 4 including headings, 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 the headings, the heading of the 2nd section of the 2nd main piece, the headings of sections 11 and 12, §§ 11, section 4" , 12 par. 1 to 4, 12a, the heading of the 3 main piece, §§ 13, subsections 1 and 3, 14 1, 15 para 1 and 4 Z 4, 15a and 15B including headings, 18 para 1, 19 including heading, 21 para 7 Z 1, 24 ABS. 4, 25 para of 7, 26 para 2, 27 para 1 and 3, the heading of the 3a. Section of the 3 main piece, §§ 27a and 27B including headlines, articles 31, paragraph 1 Nos. 1 and 4, par. 1a Nos. 2 and 4, para 3 Z 1 and para 4, 32 para 1, 3 and 4, the heading of the 5th main piece, § 37 para 1 Z 1 and 2, 38 par. 1 and 3, 39, together with heading, the heading of the 6 main piece, § 41 para 2 subpara 2 and paragraph 3 , 43 para. 1 No. 3 and paragraph of 3, 44, 45 para 1 to 4, 45a to 45c, including headings, the heading of the 7 main section, § 46 para 1 to 5, 46a para 1a to 3, 46 b, par. 1 and 3, the heading of the article 50, § 50 para 1 and 2, the heading of the 8 main piece, the heading of the 1st section of the 8 main piece , Sections 52, 53 para 1 to 2, 55 par. 1a, 2 and 4, 56 para 1, 2, 4 and 6, 58 para 1 and 2, 59 § 3, 5 and 6, 60 para 1 and 3 No. 2, § 61 together with heading, the heading of the 4th section of the 8 main piece, §§ 66 par. 2, 67 paragraph 2, 69 of paragraphs 1 to 3, 70 para 1 and 4 No. 3 , 71 para 1, 2 Z 2 and 3 and paragraph 3, 4 and 6, § 72 ABS. 3, 76 of para 1 to 3 and 5, 77 para 1, 2, 3 Z 1 to 3 and par. 4 to 6, 8 and 9, § 78 para 1 and 4 to 8, 79 paragraph 1 and 4, 80 paragraphs 1 and 5 to 8, the heading of article 81 , Articles 81, paragraph 1 subpara 2 and para. 2 to 4, 93 par. 1 Z 3 and para. 2 and 3, 94 paragraph 3, 94a para 1, 2 and 6, 98 para 1 and 2, 99 para 1, para 2 and 3 Nos. 3 and 5 and para. 4 and 5, § 100 para 1 to 4, the heading of section 102, articles 102 paragraph 4 , 104 para 1 and 2, 105 para 1, 2, 4, 5 and 10, 106, 107, para 1 and 2, 108 para 1 and 2, 109, 110 including heading, 112 par. 2, 113 paragraph 1 and paragraph 3, 4 and 6, 120 para 2 subpara 2 and paragraph 5 Z 5, 121 para 1 to 4 and 6, as well as the table of contents in the version of Federal Law Gazette I no. 87/2012 apply with 1 January 2014. § 2 par. 4 Z 13, 5 para 1 Nos. of 2, 6 paragraph 4a and 5, 14 para of 2, 30 par. of 4, 31 para 3 Z 3, 32 para. 2 Z 1, 34 para 1 Nos. 2 and 3, 36 para 1 Z 1, 38 para of 2, 39 para 2 Nos. 1 and 2, the heading of the 6 main piece, §§ 48 and 49, along with headings , the heading of the 7 main piece, §§ 50 para 4, 51 along with para 4 and 6, §§ 54 heading, 55a along with heading, 57 including headings, 59 para 1 and 2, 60 paragraph 2, 4 and 5, the heading of the 2nd and 3rd section of the 8 main piece, sections 62 to 64, including headings, 65-65 b along with headings, 66 para of 4, 67 paragraph 5, 68 together with heading , 70 para 2, the heading of the 6th section of the 8 main piece, main section, paragraphs 74 and 75 titles, 76 para 4 and 7, 78 para 2, the heading of the 9 main piece along with sections 72 and 73 together with headings, the heading of the 7th section of the 8th, together with sections 82 and 83 headings, the heading of the 10 main piece, §§ 84 to 86, including headings, 99 para 1 subpara 1 ", 4 to 6 and para 3 Z together with 4, 6 and 7, §§ 101 heading, 102 paragraph 1 to 3 and 5, 103 together with heading, 105 para of 3 and 6 to 9, 113 par. 2 and 7 as amended by BGBl. I no. 87/2012 become at the end of 31 December 2013 override."

Article 5

Change of the settlement and residence Act

The settlement and residence Act (NAG), Federal Law Gazette I no. 100/2005, as last amended by Federal Law Gazette I no. 50/2012, is amended as follows:

1. in the table of contents, the following entry is inserted after the entry for section 3:



'section 3a.





Revision"




2. in the table of contents, the entry to § eliminates 44 b.

3. in the table of contents entry to § 69a is eliminated.

4. in the table of contents, the entries to the 7 main piece of the 2nd part and sections 73 to 75 entries are eliminated.

5. in the table of contents are the entries to the 8 main piece of the 2nd part and section 76.

6. in article 2, paragraph 1 Z 11 adds the phrase after the parenthesis quote (§ 24) "under this Federal Act".

7 § 2 par. 1 Z 18, 3 para of 5, 11 para 1 Z 3, 19 para 10, 41a para of 11, 43 para. 4 and 5, 44 b, 69a and heading, the heading of the 7 main piece of the 2nd part, sections 73 to 75, including headings and the heading of the 8 main piece of the 2nd part and section 76 and heading be dropped.

8. in section 2, paragraph 7, the phrase "alien police decision" is replaced by the phrase "Decision after the FPG".

9. in section 3, paragraph 2, the last sentence is the word "Appeals" by the word "Complaints" and the phrase "the Federal Minister of the Interior" replaced by the phrase "the locally competent administrative court in the country" and is eliminated.

10. According to section 3, the following section 3a along with heading is inserted:

"Revision

section 3a. Against the findings of the administrative courts of countries on appeals from decisions of the Governor entitled to the Federal Minister of the Interior, to raise revision at the Administrative Court of the notification of the decision to the Governor."

11. in article 8, paragraph 1 Z 10 is the parenthesis quote (sections 58 to 69) through the bracket quote "(§§ 58 bis 69)" replaced.

12. in article 10, paragraph 1, the phrase "a return decision," is after the phrase "against foreigners" and the phrase "the return decision," inserted after the word "Validity".

13. after article 10, paragraph 1, the following paragraph 1a is inserted:

"(1a) residence permit referred to in articles 41a para 3 and 9 and 43 paragraph 3 will invalidate if subsequently the person with right of asylum or of the subsidiary protection beneficiary's status is awarded to the third-country nationals in the legal process."

14. in article 11, paragraph 1 Z 1 is omitted the phrase "or upright return prohibition pursuant to § 54 FPG" and the turn "section 63 or 67 FPG" by the phrase "section 67 FPG" replaced.

15. in article 12, paragraph 4, the phrase is omitted "; against this decision no appeal is allowed."

16. in article 12, paragraph 6, the word "Appeal" is replaced by the word "Complaint" and the phrase "the appellate authority" by the phrase "of the Administrative Court of the country".

17. in article 12, paragraph 7 the phrase is omitted "; However, no appeal is admissible".

18. in article 12, paragraph 8 the phrase replaced "which according to § 30 para 4 FPG visa is given to" by the phrase "FPG are you lawfully, pursuant to § 31 para. 4".

19 in §§ 21 par. 6 and 64 paragraph 5 replaces the phrase "fremdenpolizeilicher measures" by the phrase "of measures after the FPG" and the phrase 'alien police procedure' "Procedure after the FPG" the phrase.

20. in article 24, paragraph 1, the phrase "fremdenpolizeilicher provisions" is replaced by the phrase "the provisions after the FPG".

21. in article 25, paragraph 1, the phrase "alien police opinion" by the phrase 'Opinion of the Federal Office for foreigners beings and asylum' and the quote of "(§ 61 FPG) is" by the quote of "(§ 9 BFA-Verfahrensgesetz (BFA-VG), Federal Law Gazette I no. 87/2012)" and the phrase "the stay ending aliens police authority" is replaced by the phrase "the Federal Office for foreigners beings and asylum".

22. in article 27, paragraph 2, the quote is "article 11, paragraph 1 Z 3 to 6" by the quote "article 11, paragraph 1 Z 4 to 6" replaced.

23. in article 27, para. 3, no. 3 is replaced by the phrase "Action after the FPG" the phrase "foreigners police action".

24. in article 28, paragraph 1, the word order is "article 64 FPG for enacting an expulsion or the requirements of § 63 FPG for the issuing of a residence ban, can these measures but in terms of § 61 FPG" by the phrase "article 52 par. 5 FPG for the issuing of a return decision, this measure but can with regard to § 9 BFA-VG" replaced.

25. in section 30a is the quote "§ 69 para 1 No. 3" by the quote "§ 57 par. 1 Z 3 AsylG 2005" replaced.

26. in article 36, paragraph 2 the word "Federal Asylum Office" is replaced by the phrase "Federal Office for stranger beings and asylum" and the word "asylum Tribunal" by the word "Federal" as well as the word 'Aliens police authorities' by the word of "national police headquarters".

27. in article 37, paragraph 1, the word "Aliens police authority" by the word "country Police Division" and the quote is "article 102, paragraph 1 FPG" by the quote "section 27 para 1 BFA-VG" replaced.

28. in article 37, paragraph 3, the phrase "the appellate authority" is replaced by the phrase "the competent administrative court in the country".

29. in article 37, paragraph 4, the phrase "the competent aliens police authority" is replaced by the phrase "the Federal Office for foreigners beings and asylum", the phrase "the aliens police authority" by the phrase "of the Federal Office for stranger beings and asylum" and both the phrase "the aliens police authority" by the phrase "the Federal Office for foreigners beings and asylum".


30. in article 38, par. 3 and 4, the quotation is each "article 102, paragraph 1 Z 1 to 11 FPG" by the quote "article 27, paragraph 1 Z 1 to 11 BFA-VG" replaced.

31 § 41 para 3 is as follows:

"(3) third-country nationals is institutionally a residence title"Red white red card plus"be granted if a notice of the Federal Foreign beings and asylum in accordance with article 59, paragraph 4 is AsylG 2005." The residence permit is immediately, at the latest within eight weeks from notification of the communication of the Federal Office for foreigners beings and asylum, to grant. Article 20, paragraph 2 shall apply mutatis mutandis."

32. paragraph 41a para 9 and 10 are:

"(9) in the Federal territory of residing third-country nationals is a residence permit upon a reasoned request"Red white red card plus"to grant, if they"



1. for a period of twelve months a "resident plus" in accordance with §§ 55 ABS. 1 or 56 para 1 AsylG 2005, 2. for a period of twelve months is a "Resident" in accordance with §§ 55 ABS. 2 or 56 para 2 AsylG 2005 or 3 about a residence permit pursuant to article 43, paragraph 3 have and have met the module 1 of the integration agreement or exercising a gainful employment at the time of the decision , with their income the monthly salary limit (§ 5 para 2 General Social Insurance - ASVG Gazette I no. 189/1955) is reached.

(10) in the Federal territory of residing third-country nationals is to give 4 to 6, and despite the absence of a requirement in accordance with § 11 para. 2 on its own initiative or at the reasoned request which at the competent local authorities in Austria to introduce is a residence permit "map red white-red - plus" Z, despite the existence of an obstacle such as grant in accordance with article 11, paragraph 1 if



1. an unaccompanied minor alien who is not accompanied by an adult legally responsible for him, is, or 2 for a minor NAG a right of residence pursuant to § 23 paragraph 4 can be derived and the minor on the basis of a court order, law or an agreement of the biological parents with the youth welfare institution for the protection of the child welfare not just temporarily in the care of foster parents or the youth welfare institution is located. The foster parents apply in this case as a legal representative within the meaning of article 19. This residence permit shall be granted free of charge."

33. paragraph 43 paragraph 3:

"(3) in the Federal territory of residing third-country nationals is a residence permit"Niederlassungsbewilligung"reasoned request to grant, if they for 12 months over"



"1. a" resident plus "in accordance with article 55, paragraph 1 AsylG 2005, 2. an" resident plus "pursuant to § 56 para 1 AsylG 2005, 3 is a"Resident"in accordance with § 55 para 2 AsylG 2005 or 4 a 'resident' pursuant to § 56 para 2 AsylG 2005 have."

34. paragraph 44a:

"§ 44a. In proceedings for a residence permit in accordance with section 41a paragraph 9 Z 1 or 2 or § 43 para. 3 section 24 para 1 and 2 is to apply mutatis mutandis."

35. in article 45 para 2 is after the phrase "a residence permit (article 8, paragraph 1 Z 10)" the phrase ", a residence permit" resident special protection "(§ 57 AsylG 2005)" and added the following sentence to:

"The establishment of third-country nationals is the time of immediately preceding lawful stay in the Federal territory on the basis of a" residence permit plus "(§ 54 para 1 Z 1 AsylG 2005) or a"residence permit"(§ 54 para 1 Z 2 AsylG 2005) to be entirely on the five-year period."

36. in article 45, paragraph 8, the word "Federal Asylum Office" is replaced by the phrase "Federal stranger beings and asylum" and the word "Federal Asylum Office" by the phrase "Federal Office for stranger beings and asylum".

37. in article 45, paragraph 8, the word "asylum Tribunal" is replaced by the word "Handelshof" and the phrase "the asylum Court" by the phrase "the Federal Administrative Court".

38. in section 48 para 2 is after the phrase "a residence permit (article 8, paragraph 1 Z 10)" the phrase ", a residence permit" resident special protection "(§ 57 AsylG 2005)" and added the following sentence to:

"The establishment of third-country nationals is the time of immediately preceding lawful stay in the Federal territory on the basis of a" residence permit plus "(§ 54 para 1 Z 1 AsylG 2005) or a"residence permit"(§ 54 para 1 Z 2 AsylG 2005) to be entirely on the five-year period."

39. in article 55, paragraph 3, the phrase "the competent aliens police authority" is replaced by the phrase "the Federal Office for foreigners beings and asylum" and the phrase "The competent aliens police authority" by the phrase "The Federal Office for foreigners beings and asylum".

40. in article 55, paragraph 4 is the quote of "(§ 66 FPG)" by the quote of "(§ 9 BFA-VG)" and the phrase "the aliens police authority" is replaced by the phrase "the Federal Office for foreigners beings and asylum".

41. in article 81 paragraph 5 are each the phrases "under this Federal Act" as well as "Federal Act" by the phrase "according to the Federal law in the version of Federal Law Gazette. I no. 100/2005" replaced as well as after the parenthetical expression (§§ 14 et seq.) the phrase "in the version of Federal Law Gazette. I no. 100/2005" inserted.

42. 17 the following paragraph is added after paragraph 16 the article 82:

"(17) § 2 par. 1 Z 11 and paragraph of 7, 3 para 2, 3a along with heading, 8 par. 1 Z 10, 10 para 1 and 1a, 11 paragraph 1 Z 1, 12 para 4 and 6 to 8, 21 par. of 6, 24 paragraph 1, 25 para of 1, 27 para. 2 and 3 Z 3, 28 paragraph 1, 30a para of 1, 36 para 2" , 37 para 1, 3 and 4, 38 par. 3 and 4, 41a para 3, 9 and 10, 43 paragraph 3, 44a, 45 para of 2 and 8, 48 para of 2, 55 par. 3 and 4, 64 para of 5 and 81 paragraph 5 as well as the table of contents in the version of Federal Law Gazette I no. 87/2012 apply with 1 January 2014. "The § 2 par. 1 Z 18, 3 para of 5, 11 paragraph 1 Z 3, 19 para 10, 41a para of 11, 43 para. 4 and 5, 44 b, 69a and heading, the heading of the 7 main piece of the 2nd part, sections 73 to 75, including headings and the heading of the 8 main piece of the 2nd part and section 76 and heading in the version before the Federal Act Federal Law Gazette I no. 87 / 2012 occur at the end of 31 December 2013 override."

Article 6

Amendment of the Citizenship Act of 1985

The Citizenship Act of 1985 (StbG), BGBl. No. 311, last amended by Federal Law Gazette I no. 38/2011, is amended as follows:

1. in the section 10 para 2 No. of 4 and 15 para 1 Z 1 is the quote "sections 63 or 67 FPG" by the quote "section 67 FPG" replaced.

2. in article 10, par. 2 Z 6 is the phrase "§§ 62 or 66 FPG or § 10 asylum Act 2005 (AsylG 2005), Federal Law Gazette I no. 100," the quotation "section 66 FPG" replaced.

3. in section 11a (4) Z 1, the word "Federal Asylum Office" is replaced by the word "Federal Office for stranger beings and asylum".

4. in article 41, paragraph 4 "The authorities (§ 39) thereof" is inserted after the phrase the word sequence "the Federal Office for foreigners beings and asylum," and the word "Aliens police authority" by the word "country Police Directorate", as well as the quote (§ 105 para 4 NAG FPG and § 37 para 2) through the quote "(§ 30 Abs. 6 BFA-Verfahrensgesetz, BGBl. I Nr. 87/2012, § 105 Abs. 4 FPG und § 37 Abs. 2 NAG)" replaced.

5 14 the following paragraph is added after paragraph 13 the § 64a:

"(14) § 10 par. 2 Nos. 4 and 6, 11a par. 4 Z 1, 15 para 1 No. of 1 and 41 paragraph 4 as amended by Federal Law Gazette I no. 87/2012 with 1 January 2014 into force."

Article 7

Modification of the basic supply Law Association 2005

The basic supply Act - Federal 2005 (GVG-B 2005), Federal Law Gazette No. 405/1991, amended by Federal Law Gazette I no. 38/2011, is amended as follows:

1. in article 2, paragraph 7, the quote is "§ 16 AsylG 2005" by the quote "§ 10 BFA procedure law (BFA-VG), Federal Law Gazette I no. 87/2012" replaced.

2. in article 4, paragraph 3, the word "Federal Asylum Office" by the phrase "Federal Office for stranger beings and asylum (Federal)" and the quote is "article 45, paragraph 1 Z 2 AsylG 2005" by the quote "§ 45 para 1 Z 3 BFA-VG" replaced.

3. in §§ 6 para 3 and 9 para 1 is substituted the word "Federal Asylum Office" with the word "Federal".

4. in article 8 paragraph 1a is that according to article 102, paragraph 1 the phrase "(§ 101 Fremdenpolizeigesetz 2005 – FPG, BGBl. I Nr. 100) Z 1 to 11 FPG processed data, as well as by the Federal Asylum Office and by the asylum Court pursuant to § 56 para 1 AsylG 2005" by the phrase "(§ 26 BFA-VG) pursuant to § 27 para 1 No. 1 to 11 BFA VG processed data as well as the Federal Office and the Federal Administrative Court in accordance with article 28, paragraph 1 BFA-VG" replaced.

5. in article 9, paragraph 2, the word "Appeals" by the word "Complaints" is and "the independent Administrative Senates in the countries decide the phrase" by the phrase the Federal Administrative Court "rules" replaced.

6. in article 9, paragraph 3 the phrase is replaced by the phrase "may the Federal Administrative Court of appeal" "can the independent Administrative Senates in the countries of the appeal".

7. in article 9, paragraph 3a is eliminated.

8 § 9 para 3b is:


"(3B) against findings of the Handelshof on appeals against decisions of the first instance authority entitled to the Federal Minister of the Interior, to raise revision at the Administrative Court of the notification of the decision to the Federal Office."

9. in article 9, paragraph 4 "District administration authority" is replaced by the word "national police headquarters".

10 in section 9a, the word 'Aliens police authorities' is replaced by the word of "national police headquarters".

11. in article 11, paragraph 3, the phrase is "according to § 29 FrG" by the phrase "in accordance with § 62 AsylG 2005" replaced.

12 16 the following paragraph is added after paragraph 15 section 16:

"(16) article 2, paragraph 7, 4 para of 3, 6 paragraph of 3, 8 paragraph 1a, 9 para 1, 2, 3, 3 and 4, § § 9a and 11 par. 3 in the version of Federal Law Gazette. I no. 87/2012 apply with 1 January 2014." § 9 paragraph 3a in the version before the Federal law. I no. 87/2012 occurs at the end of 31 December 2013 override."

 

Article 8

Modification of the introductory act to the administrative procedure laws 2008

The introduction Act to the administrative procedure law 2008 (IX), Federal Law Gazette I no. 87, as last amended by the Federal Act, Federal Law Gazette I no. 50/2012, is amended as follows:

1. Article I sec. 2 Z 30 reads:



"30 of the Federal Foreign beings and asylum;"

2. Article V the following paragraph 5 is added:

"(5) article I paragraph 2 Z 30 as amended by Federal Law Gazette I no. 87/2012 1 January 2014 into force."

Article 9

Adjustment provisions

(1) where reference is made in federal laws on the term "Federal Asylum Office" in the respective grammatical form, the phrase "Federal Office for stranger beings and asylum" in the respective grammatically correct form is with effect from 1 January 2014 in its place.

(2) this does not apply to the use of the term in final and transitional provisions as well as in non-power Tretensbestimmungen.

Fischer

Faymann