Answering In The Federal Law Gazette Ii No. 175 / 2011 Made Manifest Rights According To § 38A Vwgg

Original Language Title: Beantwortung der im BGBl. II Nr. 175/2011 kundgemachten Rechtsfrage gemäß § 38a VwGG

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369. The Federal Chancellor's presentation of the answers to those in the BGBl. II No 175/2011 referred to in Article 38a of the VwGG

In accordance with Section 38a (4) of the Administrative Court Act 1985, BGBl. No. 10, in the version of the Budgetbegleitgesetz 2011, BGBl. I n ° 111/2010, will be made known:

The Administrative Court has the knowledge of 19. October 2011, delivered to the Federal Chancellor on 31 October 2011. October 2011, in the proceedings pending for Zl. 2011/08/0090 pursuant to Section 38a of the Administrative Court Act 1985, BGBl. No. 10, in the version of the Budgetbegleitgesetz 2011, BGBl. I n ° 111/2010, rightly identified:

The one in BGBl. II No 175/2011 pursuant to Section 38a of the VwGG, the following answers shall be given to the question of law:

'The application' lived as a persecuted person in the territory of the Republic of Austria or in another country ' in § 502 (6) second sentence of the ASVG in the version of the Novelle BGBl. I No 83/2009 must be interpreted as meaning that a person born after 12 March 1938 and not later than 8 May 1945 outside the borders of Austria, of which at least one of his parents is resident in the territory of the Republic of Austria on 12 March 1938 , only periods of insurance after this provision in connection with their last sentence after completion of the 15. "in another country" (in which she has stopped after her parents have left Austria), or if she has threatened the concrete danger of persecution there. "

Reference is made to the legal consequences referred to in Section 38a (4) of the VwGG, which enter into the customer's agreement. "

Faymann