Fees For Legal Advice In Appeal Proceedings Before The Court Of The Asylum

Original Language Title: Entgelte für die Rechtsberatung in Beschwerdeverfahren vor dem Asylgerichtshof

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320. Regulation of the Federal Chancellor concerning the fees for legal advice in appeal proceedings before the Court of the asylum

On the basis of article 66 par. 3 of the asylum law 2005 - AsylG 2005, Federal Law Gazette I no. 100, last amended by Federal Law Gazette I no. 38/2011, is prescribed:

1. (1) the fee for a complaints procedure before the asylum Court in accordance with article 66, paragraph 1 asylum law amtswegig is 211,00 euros, exclusive of VAT an asylum seekers to the legal adviser provided page, if with the legal advice a legal entity was entrusted.

(2) the fee referred to in paragraph 1 is due for carried out legal advice for every advised asylum seekers. With this fee thing costs, including travel, work and interpretation costs, be paid the time involved, flat rate.

(3) for the respective legal person entrusted with the legal advice the fee from the 4001. legal advice in the calendar year by 25% and from 7001 legal advice in the calendar year by 35%, reduced and in the calculation of the number of the legal advice carried out in the calendar year concerned in accordance with articles 64 and 65 of the asylum Act 2005, and pursuant to sections 84 and 85 Fremdenpolizeigesetz 2005, BGBl. I no. 100 , as amended by Federal Law Gazette I no. 38/2011, are to be included.

(4) the charge referred to in paragraph 1 is worth from 1 January 2013. As a measure of the resistance of of value of announced 2010 (VPI 2010) consumer price index or a successor index instead of serve by the German Federal Statistics Austria. The index number is announced for October 2011 serves as base for adaptation. The legal persons entrusted with the legal advice are entitled, at the beginning of the calendar year following the month in which the index number of the CPI by five points in proportion to the number of index for October 2011 has risen, to request a price adjustment. The index underlying such an application of safeguard clause of of value of applies to the next calculation as a base number. All variable rates shall be calculated on a rounded decimal place.

§ 2. The regulation shall enter into force October 1, 2011.

Faymann