Key Benefits:
455. Regulation of the Federal Chancellor on the lump-sum of the rates of immigration in the proceedings before the Administrative Court (VwGH-Aufmigratsatzverordnung 2008-VwGH-AufwErsV)
On the basis of § 49 (1), (2) and (4), § 54 (2), § 55 (1) and § 56 of the Administrative Court Act 1985-VwGG, BGBl. No. 10, as last amended by the Asylum Court Setup Act, BGBl. I n ° 4/2008, shall be assigned in agreement with the Main Committee of the National Council:
§ 1. The amount of the flat-rate amounts to be paid as an immigrant rate pursuant to § 48 (1) to (3), section 54 (1) (1) (1), section 55 (1) and Article 56 VwGG shall be determined as follows:
| 1. |
§ 48 (1) (2) and (4), section 55 (1) and (56) of the VwGG: |
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| a) |
Replacement of the expense associated with the appellant as an obsietive party with the lodging of the complaint by a lawyer (tax adviser or auditor) (written record) |
1106.40 Euro |
In the event of an abatation complaint, provided that the conditions pursuant to section 55 (1) second sentence of VwGG apply, but only |
553,20 Euro |
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| b) |
Replacement of the other expenses, which was connected to the appellant as an obsietive party with the representation by a lawyer (tax adviser or auditor) in negotiations before the Administrative Court (negotiation expenses) |
EUR 1383 |
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| c) |
Replacement of the pledge in cases of seizure, provided that the conditions are met in accordance with § 56, second sentence, VwGG |
829,80 Euro |
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| 2. |
On § 48 para. 2 Z 1, 2 and 4 VwGG: |
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| a) |
Replacement of the expense associated with the competent authority as an obsietive party with the presentation of the files of the administrative procedure to the Verwaltungsgerichtshof (Administrative Court) (expenditure on the deposit) |
57,40 Euro |
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| b) |
Replacement of the expense associated with the proclaimed authority as the obsieving party with the introduction of the countertext (submissions) |
553,20 Euro |
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| c) |
Replacement of the other expense associated with the prosecutive authority as an obsietive party with the exercise of its party rights in negotiations before the Administrative Court (negotiation expenses) |
691,50 Euro |
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| 3. |
For § 48 para. 3 Z 2 and 4 VwGG: |
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| a) |
Replacement of the expense associated with the participation of a co-participant with the application of a counterwriting by a lawyer (tax advisor or auditor) (submissions expenses) |
1106.40 Euro |
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| b) |
Replacement of the other expenses, which was associated with the representation by a lawyer (tax adviser or auditor) in negotiations before the Administrative Court for a co-participant as an obsietive party (negotiation expenses) |
EUR 1383 |
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| 4. |
On § 54 (1) Z 1 VwGG: |
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| a) |
Replacement of the effort, which is for the party except the lit. b in the cases of Section 54 (1) (1) of the VwGG (Section 54 (1) of the VwGG) with the application for the resumption of proceedings (submissions) |
1106.40 Euro |
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| b) |
Replacement of the expense associated with the application for the resumption of proceedings in the cases of Section 54 (1) (1) of the VwGG (case of written record) |
553,20 Euro |
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§ 2. The amount of the flat-rate amounts to be replaced in accordance with Article 49 (4) VwGG as the residency costs shall be determined as follows:
| The complainant, the competent authority and a co-participant shall, as obsietive parties, have to cover the additional costs of catering and accommodation which are necessary for the stay at the seat of the Administrative Court. (Residence costs) entitlement to a flat-rate flat rate, the amount of which shall be equal to EUR 26.50 for 24 hours and to an overnight stay, the amount of which shall be determined in a uniform manner at EUR 44.50. If the duration of the stay at the seat of the Administrative Court, including the duration of the journey, does not exceed eight hours, the entitlement to a flat-rate flat rate shall only be half-height; if it is less than five hours, there is no entitlement on a flat-rate meal. |
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§ 3. (1) This Regulation shall enter into force at the end of the month of its manifestation; at the same time, the VwGH Immigration Replacement Ordinance 2003, BGBl, shall enter into force. II No 333, out of force.
(2) In the case of proceedings pending before the Administrative Court, in which no decision has been taken until the entry into force of this Regulation, the costs shall be calculated in accordance with the flat-rate amounts resulting from this Regulation.
Gusenbauer
