Determination Of Compensation For Legal Advice

Original Language Title: Festlegung von Entschädigungen für die Rechtsberatung

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324. Regulation of the Minister of the Interior on the establishment of compensation for legal advice

On the basis of §§ 64 and 65 of the asylum Act 2005 (AsylG 2005), Federal Law Gazette I no. 100/2005, as last amended by Federal Law Gazette I no. 38/2011, as well as the sections 84 and 85 of the Aliens Police Act 2005 (FPG), Federal Law Gazette I no. 100/2005, as last amended by Federal Law Gazette I no. 38/2011, is prescribed:

Amount of compensation for legal counsel

§ 1. The amount of compensation for legal counsel for the time and effort will be set as follows:



1. in the approval procedure pursuant to § 64 para 5 AsylG 2005 per hour 25.71 euro;

2. in the approved procedures pursuant to section 65 paragraph 4 AsylG 2005 per hour no more than 31,00 euro.

Amount of compensation for legal persons

§ 2. If a legal person entrusted with the legal advice is that the amount of compensation per beratenem strangers is set as follows:



1. in the approval procedure pursuant to § 64 para 5 AsylG 2005 194,00 euros;

2. in the approved procedures pursuant to section 65 paragraph 4 AsylG 2005 in accordance with the actual possibilities if these optional performance parts be obtained, a) per hour 92,11 euro;

(b) for the actual consulting services yielded once 27,63 EUR, 3. the alien police procedure of first and second instance in accordance with §§ 84 (4) and 85 paragraph 4 FPG €191,00 each.

Amount of compensation

§ 3. The compensation pursuant to section 2 is granted carried out consultations in the form of a lump sum for all the appropriate procedure and includes the time - related, work and expenses, in particular interpretation, and travel costs. She will be awarded, regardless of the number of consultations provided for strangers to advisory in the relevant procedure.

Reduction of compensation

4. (1) in article 2, paragraph 1 Z 1-3 these amounts are for the respective legal person



1 at 25 per cent from a number of 4001 lump sums per beratenem strangers during the calendar year, and 2. a number of 7001 lump sums per beratenem strangers in a calendar year to 35 per cent less.

(2) for the determination of the threshold values for the levels of reduction referred to in paragraph 1 is the number of substantiating a claim for pay flat-rate amounts per beratenem strangers Z 1 to 3 as well as article 1 of the regulation of the Federal Chancellor concerning the fees for legal advice in appeal proceedings before the Court of the asylum of the respective entity in the corresponding calendar year from the subclasses of section 2 para 1 (Federal Law Gazette II No. 320 / 2011) added.

Entitled to compensation

§ 5 (1) the claim of legal entity on payment of compensation in accordance with § 2 is created with the date of the first service of advice of strangers in a procedure pursuant to articles 64 and 65 AsylG 2005 and § § 84 and 85 FPG.

(2) the legal advice or legal representation is made to several steps, so only one-time payment of compensation claim.

Linguistic equal treatment

§ 6. As far as this regulation to natural persons are related names in the male form, they relate to women and men in the same way.

Entry into force

§ 7. This Regulation shall enter into force the day of the announcement.

Mikl-Leitner