Determination Of Compensation For Legal Advice

Original Language Title: Festlegung von Entschädigungen für die Rechtsberatung

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324. Ordinance of the Federal Minister for the Interior on the determination of compensation for legal advice

On the basis of § § 64 and 65 of the Asylum Act 2005 (Asylum G 2005), BGBl. I n ° 100/2005, as last amended by the Federal Law BGBl. I n ° 38/2011, as well as § § 84 and 85 of the Foreign Police Act 2005 (FPG), BGBl. I n ° 100/2005, as last amended by the Federal Law BGBl. I No 38/2011, shall be assigned:

Amount of compensation for legal advisers

§ 1. The amount of compensation for legal counsellors for the time and work expenses shall be determined as follows:

1.

in the admission procedure pursuant to § 64 (5) Asylum Act 2005 per hour

EUR 25.71;

2.

in accordance with § 65 (4) of the Asylum Act 2005 per hour at the most

31,00 Euro.

Amount of compensation for legal persons

§ 2. If a legal person is responsible for legal advice, the amount of compensation per foreign counselor is determined as follows:

1.

in the admission procedure pursuant to § 64 (5) Asylum Act 2005

194,00 Euro;

2.

in accordance with Article 65 (4) of the Asylum Act 2005, in accordance with the factual possibilities provided that these optional service parts are called up,

a)

per hour

EUR 92,11;

b)

for the actually provided consulting performance once

27.63 Euro,

3.

in the foreign police procedure of first and second instance in accordance with § § 84 (4) and 85 (4) FPG

191,00 Euro.

Extent of compensation

§ 3. The compensation provided for in § 2 shall be granted in the form of a flat-rate amount for all the deliberations carried out in the relevant proceedings and shall include the time, work and material costs involved, in particular interpretation and travel expenses. It shall be granted irrespective of the number of deliberations carried out in the relevant proceedings for the non-concretely consultative foreign.

Reduction of compensation

§ 4. (1) The amounts referred to in Article 2 (1) (1) to (3) shall be made for the respective legal person.

1.

from a number of 4001 lump sums per consulate in the calendar year by 25 vH and

2.

from a number of 7001 lump sums per consulate in the calendar year by 35 vH

diminished.

(2) In order to determine the threshold values for the reduction stages as referred to in paragraph 1, the number of flat-rate amounts, based on payment, shall be paid by the legal person concerned in the relevant calendar year from the relevant legal person. Partial categories of § 2 (1) (1) (1) to (3) and (1) of the Federal Chancellor's Ordination on the charges for legal advice in appeal proceedings before the Asylum Court (BGBl. II No 320/2011).

Entitlement to compensation

§ 5. (1) The right of the legal person to pay compensation in accordance with § 2 shall be established with the date of the first-time advisory service of the stranger in a procedure in accordance with § § 64 and 65 Asylum G 2005 as well as § § 84 and 85 FPG.

(2) In the case of legal advice or legal representation on several procedural steps, there is only a right to one-off payment of compensation.

Linguistic equality

§ 6. As far as natural persons referred to in this Regulation are referred to in the male form, they shall refer to women and men in the same way.

entry into force

§ 7. This Regulation shall enter into force at the end of the day of the customer's agreement.

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