Advanced Search

Immigration Amendment Act 2015 - R 2015

Original Language Title: Fremdenrechtsänderungsgesetz 2015 – FrÄG 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

70. Federal Act, with which the BFA-furnishing law, the BBA-procedural law, the Asylum Act 2005, the Foreigners Police Act 2005, the law on the establishment and the residence law and the Basic Supply Act-Federal Government 2005 will be amended (Law of Foreign Law 2015-FrÄG 2015)

The National Council has decided:

table of contents

Art.

Object/Label

1

Amendment of the BFA furnishing law

2

Amendment of the BFA procedural law

3

Amendment of the Asylum Act 2005

4

Amendment of the Tourism Act 2005

5

Amendment of the law on the establishment of a residence and residence permit

6

Amendment of the Basic Supply Act-Federal Government 2005

Article 1

Amendment of the BFA furnishing law

The BFA-furnishing law (BFA-G), BGBl. I No 87/2012, as last amended by BGBl. I n ° 68/2013, shall be amended as follows:

1. In § 2, the quote is given in paragraph 5 "§ § 38 (1) Z 3 to 5 and (2), 39 (1) and (44)" by quoting "§ § 38 (1) (4) and (5) and (2), 39 (1) and (42) (1)" and in paragraph 6, the phrase "in the initial reception office in the authorisation procedure" through the phrase "by exercising the tasks and powers conferred upon them in accordance with § § 36 to 47 of the BFA-VG" replaced.

2. In Section 5 (2) (3), the word order shall be "§ § 19 or 21" through the phrase "§ 19" replaced.

(3) The following paragraph 4 is added to § 8:

" (4) § 2 para. 5 and 6 as well as § 5 paragraph 2 Z 3 in the version of the Federal Law BGBl. I No. 70/2015 will enter into force on 20 July 2015. "

Article 2

Amendment of the BFA procedural law

The BFA-procedural law (BFA-VG), BGBl. I No 87/2012, as last amended by BGBl. I n ° 40/2014, shall be amended as follows:

1. In the table of contents the entries are in accordance with § § 42 to 45:

" § 42.

Application to a safety authority or to public security bodies, questioning and authority to receive recognition services

§ 43.

Arrangement for further procedure

§ 44.

Other presentations

§ 45.

Powers of the institutions of the State Police Directorates "

2. In the table of contents, the following entry is inserted after the entry in section 52:

" § 52a.

Return advice "

3. In Section 3 (2), the word in Z 5 shall be: "and" by a dash and in Z 6 the point by the word "and" and the following Z 7 added:

" 7.

the management of procedures according to the Basic Supply Act-Federal Government 2005 (GVG-B 2005), Federal Law Gazette (BGBl). No 405/1991, with the exception of administrative proceedings. '

4. The following paragraph 3 is added to § 3:

" (3) The Federal Office shall be responsible for the execution of the code issued by him and the findings and decisions made by the Federal Administrative Court in the affairs of his/her factual sphere of action. The Administrative Enforcement Act 1991 (VVG), BGBl, applies. No 53/1991. The special coercive powers granted in this federal law, in the 2005 asylum application, and in the FPG remain unaffected. "

5. In § 5 the Wendung "The Full Education" through the turn "The Full Train" replaced after the word order "§ 76 FPG" the twist " , § 5 VVG " is inserted and the following last sentence is added:

§ § 78 and 79 FPG apply analogously to the enforcement of the compulsory means of detention pursuant to § 5 of the VVG. "

6. In § 6, the phrase "in the initial reception office in the authorisation procedure" through the phrase "by exercising the tasks and powers conferred upon them in accordance with § § 36 to 47" replaced.

7. In § 9 para. 3, the quote shall be "§ § 45 and 48" by quoting "§ 45" replaced.

8. In § 9 (4), the turn-of-the-turn "pursuant to § § 52 para. 4 iVm 53 para. 1a FPG" and will be in Z 1 after the word "can" the phrase " , unless one of the conditions for the release of a travel ban of more than five years pursuant to Article 53 (3) (3) Z 6, 7 or 8 FPG is before " inserted.

9. In Article 10 (3), the following sentence shall be inserted after the first sentence:

"Such strangers are to be transferred to the initial reception point (§ 43 BFA-VG)."

10. In Section 10 (3), the phrase "with the application of the application for international protection" through the phrase "from arrival" Replaces and eliminates the parenthesis "(Section 17 (2) Asylum Act 2005)" as well as following the phrase "Allocation to a care centre" the twist "a federal state" inserted.

11. In Article 10 (6), the following sentence shall be inserted after the first sentence:

" By way of derogation from Section 17 (2) of the Asylum Act 2005, the application for international protection of such foreign persons shall be deemed to have been submitted if the application in the presence of the legal adviser (§ 49) in the initial reception office (§ 4 BFA-furnishing law (BFA-G), BGBl. I N ° 87/2012). "

12. In Section 10 (6), the turn shall be "Legal Adviser (§ 49)" by the word "Legal Adviser" as well as the phrase "Legal Advisers (§ 49) questioned" through the phrase "Legal Advisers Questioned" replaced.

13. In Section 11 (1), after the word "Accommodation" the phrase "or the care institution of the federal government" inserted.

14. § 11 (6) reads:

" (6) deliveries to strangers may be carried out by the institutions of the Public Security Service if:

1.

they are decisions pursuant to Section 12a (4) of the Asylum Act 2005, or

2.

they are carried out in the course of the fulfilment of a reporting obligation pursuant to § 15a Asylum Act 2005 or § 13 para. 2.

If, in the case of Z 2, the recipient does not comply with his reporting obligation after delivery, the document shall be deposited with the office of the State Police Directorate. § 17 para. 3 sentence one to three ZustG shall apply mutatily. If a breach of the reporting obligation has been communicated to the Federal Office prior to the notification, § 23 ZustG shall apply mutagenly as long as the stranger has failed to comply with his obligation to notify. "

15. In Section 13 (2), the word order shall be "for asylum seekers in the authorisation procedure" through the phrase "in the case of a procedural arrangement pursuant to § 15a (2) Asylum Act 2005" replaced.

16. In § 13 para. 4, after the turn "the Federal Administrative Court" the phrase "or in a procedure in accordance with § 35 Asylum G 2005" inserted.

17. In § 14, the word "exercise" by the word "Fulfillment" replaced.

17a. § 16 (1) reads:

" (1) The time limit for the collection of a complaint against a decision of the Federal Office shall be two weeks in the cases of Section 3 (2) (1), (2), (4) and (7), unless otherwise specified. Section 7 (4), first sentence of the Federal Act on Administrative Jurisditions (Administrative Court Procedure-VwGVG), Federal Law Gazette (BGBl). I No 33/2013, unless the stranger is an unaccompanied minor at the time of the certification, is not applicable in this case. '

18. In Section 16 (2), in Z 1 the word "or" replaced by a dash , in Z 2 after the word "exists" the word "or" is inserted and the following Z 3 is added:

" 3.

an arrangement for the non-national application in accordance with Article 61 (1) (2) of the FPG is issued, "

19. In § 16, in paragraph 4, after the turn of the turn "dismissed" the phrase " , or with which an order for non-national provision has been issued in accordance with Article 61 (1) (1) (2) of the FPG " and in paragraph 6 after the word "are" the phrase "in the cases of para. 2 to 4" inserted.

20. In § 17, the word in paragraph 1 shall be: "within" through the phrase "as well as the appeal against an arrangement for the non-national application in accordance with § 61 (1) Z 2 FPG each within" replaced, in para. 2 after the turn of the turn "according to paragraph 1" the phrase "or against an arrangement for the non-national provision according to § 61 (1) Z 2 FPG" inserted as well as in para. 3 the quote " Art. 2 and 20 para. 1 lit. e " by quoting " Art. Article 26 (2) and (27) (1) replaced.

21. § 18 (1) Z 2 reads:

" 2.

serious reasons justifying the assumption that the asylum seeker poses a threat to public security or public order, "

22. In Section 18 (1), the word in Z 5 shall be deleted. "or" , in Z 6 becomes the point by the word " , or " replaced and the following Z 7 added:

" 7.

the asylum seeker refuses to take his fingerprints in spite of his obligation. "

23. In § 21, the following paragraph 2a is inserted after paragraph 2:

" (2a) The Federal Administrative Court shall, within three months, recognise complaints against decisions with which:

1.

the status of the person entitled to asylum (§ 7 Asylum Act 2005), without being granted the status of the subsidiary entitled to protection,

2.

the status of the subsidiary entitled to protection has been recognized (§ 9 Asylum Act 2005), or

3.

in the case of strangers whose residence in the territory of the Federal Republic of Germany was tolerated pursuant to Section 46a (1) (2) of the FPG (FPG), a measure which ended in residence was enacted.

This period may be exceeded, provided that this is necessary for the appropriate and complete examination of the complaint. This shall apply to the decision-making period in accordance with Section 34 (1) VwGVG. "

24. In § 21, the following paragraph 6a is inserted after paragraph 6:

" (6a) Without prejudice to paragraph 7, the Federal Administrative Court may decide on the granting of the suspenseable effect of a complaint which it does not have due to law (§ 17) or which has been cancelled by the Federal Office (§ 18), and on complaints decide against rejecting decisions in the admission procedure without holding an oral hearing. "

25. § 22a (1) to (2) are:

" (1) The foreigner shall have the right to call the Federal Administrative Court against the allegation of illegality of the detention order, the arrest or the holding, if:

1. he has been arrested under this federal law,

2. it is or has been suspended on the basis of this federal law, or

3. Dragued against him according to the 8. The main part of the FPG has been arranged.

(1a) For the complaints referred to in paragraph 1, the provisions of the VwGVG applicable to complaints pursuant to Article 130 (1) Z 2 B-VG shall apply with the proviso that the competent authority is the authority which issued the contested decision or which is the subject of the appeal. Arrest or maintenance is to be attributed.

(2) The decision of the Federal Administrative Court on the continuation of the detention shall be carried out within one week, unless the posture of the stranger would have ended before. If the Federal Administrative Court has applied the appellant in accordance with Section 13 (3) of the AVG, to remedy a defect within a specified period, the course of the decision-making period until the remedy of the defect or until the fruitless expiry of the decision is of the time limit. "

26. In Section 23, Section 3, Z 1, the word order shall be "nationality of a Member State" through the phrase "Austrian citizenship" is replaced and the phrase shall be replaced by the following text: "as soon as the data is no longer required for a procedure for the deprivation of a document issued to him as a foreign," inserted.

27. In § 23 (3) Z 3 the following sentence is added:

"When the validity of a temporary residence measure ends after the date stated in the first sentence, the data shall not be deleted until the expiry of this validity."

28. In Section 28 (3), the word "or" replaced by a dash and after the word "Task" the phrase "or for the performance of the tasks conferred by Article 148 ff B-VG" inserted.

29. In Section 29, Section 1, Z 3, after the word "Criminal Courts" the phrase "and judicial institutions" inserted.

30. In Section 29 (1), in Z 15 the point is replaced by a dash and the following Z 16 and Z 17 are added:

" 16.

return advisers,

17.

the tax authorities. "

31. § 30 (5), first sentence reads:

" In the case of criminal proceedings for offences committed intentionally, as well as extradition and surrender procedures against strangers, at the earliest possible date the Public Prosecutor's Office on the imposition and cancellation of the investigative, extradition proceedings or surrender detention, the application of the prosecution, the resignation of the prosecution and the cessation of the criminal proceedings, the criminal court on the final decision in the criminal, extradition or surrender proceedings, with the connection of a The Court of Justice and the Court of Justice on the entering and the end of a Imprisonment of the Federal Office of the Federal Republic of Germany. "

32. § 34 (4) reads:

"(4) The Federal Office may order the arrest of an asylum seeker if he has withdrawn from the proceedings (Section 24 (1) Asylum Act 2005)."

33. In Section 34 (8), in Z 1, the word shall be replaced by the word "or" and in Z 2 the word "or" is replaced by one point and Z 3 is deleted.

34. In § 38 (1), Z 3 is deleted and is Z 4:

" 4.

The applicant shall submit an application pursuant to Section 42 (1) or "

35. In § 38 (1), the turn "Z 3 bis" through the turn "Z 4 and" replaced.

36. § 40 (5) deleted.

§ § § 42 to 45 together with the headings:

" Submission of applications to a security authority or to public security bodies, questioning and authority for the treatment of such services

§ 42. (1) If a foreigner has a request for international protection from a security authority or a body of the public security service, the institutions of the public security service have a first survey in accordance with § 19 (1) Asylum Act 2005 and to treat the stranger in recognition of their service, provided that this is not already done and this is the 14. Year of life has been completed.

(2) After the measures referred to in paragraph 1 have been carried out, the institutions of the public security service shall submit to the Federal Office the minutes of the interview, together with a report from which the time, place and circumstances of the application are submitted, information on references to nationality and travel, in particular the place of crossing the border, as well as the result of the recognition service (para. 1) and, if necessary, a search (§ 38), and to obtain an order with the Federal Office for further information.

Arrangement for further procedure

§ 43. (1) The Federal Office shall, on the basis of the information provided pursuant to § 42, order immediately that:

1.

in the case of a foreign person entitled to stay, he shall be required to meet within fourteen days in an initial reception or regional directorate; or

2.

in the case of a stranger not entitled to stay,

a.

which is to be submitted to an initial reception office or a regional directorate in order to secure a stay-ending measure; or

b.

If the performance is not required for further processing, it is to be possible for this to be made free of charge in a specific institution of the Federal Republic of Germany; this is to be informed in a suitable manner. Section 2 (1a) of the GVG-B 2005 shall apply mutatily.

(2) The Federal Office may depart from an order in accordance with paragraph 1 Z 1 or 2 if:

1.

the foreign person concerned is held in detention, criminal, investigative or other detention, or

2.

It is not possible to supply the asylum seeker in a federal care facility on the basis of special circumstances which are not foreseeable.

Other presentations

§ 44. If a foreigner-for whatever reason-is stopped, he is to be presented to the Federal Office or the Federal Administrative Court at the request of the Federal Administrative Court. The holding, in particular a thrust, is not interrupted by the preliminary guidance.

Powers of the institutions of the State Police Directorates

§ 45. (1) The State Police Director may authorize staff members who are not members of the Public Security Service to exercise command and enforcement authority provided for in Articles 38, 39 and 42, provided that they are suitable and specially trained for this purpose.

(2) The powers of § § 38, 39 and 42 are also authorized bodies of the State Police Directorates (Section III). 1). These institutions are subject to the Regulation of the Federal Minister of the Interior, which provides guidelines for the intervention of the institutions of the Public Security Service-RLV, BGBl. No 266/1993. Article 47 (2) shall apply mutatily to these institutions. "

38. In § 47 (2) the quote becomes "§ § 38 (1) (3) to (5) and (2), 39 (1) and (44)" by quoting § § 38 (1) (4) and (5) and (2), 39 (1) and (42) (1) " replaced.

39. In § 49 (3) the word order is deleted "in the initial reception area" .

40. In § 52 (1), after the word "Return Decision" the phrase " , the release of a decision pursuant to § 2 (4) to (5) or § 3 GVG-B 2005, the order for non-national provision, " inserted and omitted the word sequence " , which are not subsequent applications, " .

41. In § 52 (2), after the word "Return Decision" the phrase " , a decision pursuant to § 2 para. 4 to 5 or § 3 GVG-B 2005 or an order for non-national provision " is inserted and the following last sentence is added:

"In proceedings on international protection and on the order of detention, legal advisers shall participate in the oral proceedings at the request of the Foreign Minister."

42. According to § 52, the following § 52a shall be inserted with title:

" Return guidance and return assistance

§ 52a. (1) A stranger may be granted return advice at any stage of his proceedings. The return advice includes the clarification of the perspectives during and after the conclusion of the procedure. In any case, the return aid shall include the necessary costs of the return journey (Section 12 (2) of the GVG-B 2005).

(2) If a return decision is issued against a stranger or an asylum seeker has issued a communication pursuant to § 29 (3) Z 4 to 6 Asylum G 2005, he/she shall be obliged to make use of a return counselling interview if this does not already exist has been done once in this process. In a procedure according to § 27a of the Asylum Act 2005, a return consultation can already be arranged with a procedural arrangement at an earlier stage of the procedure.

(3) The competent return advisory body shall, on request, inform the Federal Office or the Federal Administrative Court of whether and with what result a return consultation has taken place.

(4) In order to receive the return assistance offered to him and to leave, the stranger may be granted financial assistance before leaving (Article 12 of the GVG-B 2005). The legal advisor (§ 49 BFA-VG) is to be included in the admission procedure for the final interview on the granting of return assistance. "

43. In § 53 (1), after the turn "the stranger" the phrase " -in so far as it does not preclude the provisions of Article 30 of the Dublin Regulation, " inserted.

44. In § 53 (4), the first sentence is deleted.

(45) The following paragraph 7 is added to § 56:

" (7) § 3 (2) Z 5 to 7 and (3), 5, 6, 9 (3) and (4), 10 (3) and (6), 11 (1) and (6), (2) and (4), (4), (4) and (4), (1) to (3), (4) and (6), (1) to (3), (1) to (3), (1) and (2), (2) and (2), (2) and (2), (2) and (6), (2) and (6) 3, 28 (3), 29 (1) Z 3 and Z 15 to 17, 30 (5), 34 (4) and (8) (1) and (2), 38 (1), (42) to (45) together with the headings, 47 (2), 49 (3), 52 (1) and (2), 52a including the title, 53 (1) and (4), 58 (4) and the entries in § § 42 to 45 and 52a in the table of contents in the version of the Federal Law BGBl. I No 70/2015 will enter into force on 20 July 2015. § § 34 (8) Z 3, 38 (1) (1) (3) and (5) (5) shall expire on the expiry of 19 July 2015. "

(46) The following paragraph 4 is added to § 58:

" (4) As from 20 July 2015, the Federal Office of the Federal Administrative Court (Bundesverwaltungsgericht) and the Federal Office of Administrative Court (Bundesverwaltungsgericht) issued the findings or decisions taken on 20 July 2015 in the version of the Federal Act BGBl I No. 70/2015 from the Federal Office of the Federal Republic of Germany. Full range. The execution of the orders issued before 20 July 2015 and the findings or decisions taken shall be governed by the legal situation before the entry into force of the Federal Law BGBl I No. 70/2015. "

Article 3

Amendment of the Asylum Act 2005

The Asylum Act 2005 (Asylum G 2005), BGBl. I n ° 100, as last amended by the Federal Law BGBl. I No 144/2013, shall be amended as follows:

1. In the table of contents, the following entry is inserted after the entry in Section 3:

" § 3a.

International protection of officals "

2. In the table of contents the entry is to § 24:

" § 24.

Setting the procedure "

3. In the table of contents, after the entry to § 27 the following entry is inserted:

" § 27a.

Accelerated procedure "

4. In the table of contents the entry is to § 29:

" § 29.

Special provisions in the authorisation procedure "

5. In the table of contents there is no entry to § 67.

6. § 2 para. 1 Z 8 reads:

" 8.

the Dublin Regulation: Regulation (EU) No 604/2013 laying down the criteria and mechanisms for determining the Member State responsible for examining an application lodged in one of the Member States by a third-country national or a stateless person on international protection (recast), OJ C 327, 28.4.2002 OJ L 180, 29.06.2013, p. 31;

7. § 3 (4) deleted.

8. In accordance with § 3, the following § 3a together with the heading is inserted:

" International protection of officals

§ 3a. If the Republic of Austria has undertaken to do so under international law, the status of the right of asylum or of the subsidiary entitled to protection is to be recognised by a stranger on its own initiative and without further proceedings. "

9. In § 4a, after the word "persons entitled to asylum" the phrase "or the subsidiary entitled to protection" inserted.

10. § 6 (1) Z 3 reads:

" 3.

can be assumed for valid reasons, that the foreign is a threat to the security of the Republic of Austria, or ".

11. In § 12 paragraph 2 Z 2, after the turn "of courts" the twist " , Public Prosecutors " inserted.

11a. In Section 12a (1), in Z 2 the word "and" by a dash and in Z 3 of the point by the turn ", and" and the following Z 4 are added:

" 4.

a deportation, taking into account Article 8 of the ECHR (Article 9 (1) to (2) of the BFA-VG), is still admissible. "

12. In § 12a, the turn is given in paragraph 2 Z 1 and in paragraph 3 Z 1 respectively "§ 61 FPG or" through the turn "§ 61 FPG," , and in each case after the turn "pursuant to § 66 FPG" the phrase "or a ban on residence according to § 67 FPG" inserted.

13. In § 12a (6) the word order shall be "pursuant to § 61 FPG and expulsion pursuant to § 66 FPG" through the phrase "pursuant to § 61 FPG, expulsions in accordance with § 66 FPG and residence bans according to § 67 FPG" replaced, and the following sentence is added:

"This does not apply to residence bans in accordance with § 67 FPG, which have been fixed over a period of time beyond that."

14. In § § 13 (2), 15a (2) and 29 (3) (3) (3) (3) to (6), the quote shall be: "§ 63 (2) AVG" by quoting "§ 7 (1) VwGVG" replaced.

15. In § 15, paragraphs 3a and 3b.

16. In § 17, para. 1, the inversion shall be made after the word "Security Service" by the word "or" replaces and eliminates the word sequence "or at an initial reception point (§ 4 BFA-VG)" .

17. § 17 (2) reads:

"(2) The application for international protection shall be deemed to have been filed with the order of the Federal Office pursuant to § 43 (1) BFA-VG, unless otherwise provided by this Federal Law or the BFA-VG."

18. In Section 17 (6), the phrase "The performance in accordance with Section 45 (1) of the BFA-VG is not required," through the phrase "In the cases of § 43 (2) BFA-VG" is replaced by the second and last sentence.

19. In § § 17 (9) and (19) (1) the word order shall be deleted. "in the initial reception area" .

20. In § 17 (9) the word "hold," through the turn "hold and" is replaced by the word order " , as well as at the beginning and end of the duty of participation pursuant to Section 15 (3a) by issuing the respective procedural card (§ 50) " .

21. In § 19, para. 2 of the penultimate sentence as well as (6) shall be deleted.

22. The title of § 24 reads as follows:

"termination of procedure"

23. In Section 24 (1), in Z 1, the quote shall be "§ 15 (1)" by quoting "§ 13 (2) of the BFA-VG, § § 15 or 15a" replaced, in Z 2 the point by the word "or" and the following Z 3 shall be added:

" 3.

He did not meet the deadline set by the Federal Office in the authorisation procedure, despite being called upon to do so. "

24. In § 24, the following paragraph 2a is inserted after paragraph 2:

" (2a) In the case of a voluntary departure from the foreign country to the country of origin, the asylum procedure shall be stopped with its departure, unless the facts are ready for a decision. An established procedure shall be continued on its own account if the foreigner does not lawfully stay in the territory of the Federal Republic after recruitment or if an application for international protection is lodged. With the continuation of the proceedings, the decision-making period shall begin to run in accordance with Section 73 (1) of the AVG or Section 34 (1) VwGVG. At the end of two years after the end of the procedure, a continuation of the procedure is no longer admissible. "

25. § 24 (4) is deleted.

26. In Section 25 (1), in Z 1 of the Strichpunkt, the word shall be replaced by the word "or" replaced, Z 2 and Z 3 are omitted and Z 4 is given the number designation Z 2.

27. In accordance with § 27, the following § 27a and heading is inserted:

" Accelerated method

§ 27a. In the cases referred to in Article 18 (1) BFA-VG, the procedure can be accelerated. These procedures shall be decided at the latest within five months. This period may, however, be exceeded, provided that this is necessary for the proper and complete examination of the application for international protection. This shall apply to the decision-making period in accordance with Section 73 (1) of the AVG. "

28. In § 28 (4), after the word "Initial pick-up point" the phrase "or in a supervising institution of the federal government" inserted.

29. The title of § 29 reads:

"Special provisions in the authorisation procedure"

30. § 29 (1) reads:

"(1) authorisation procedures shall be started with the introduction of applications for international protection."

31. § 29 (2) is deleted.

32. In Article 29 (6), the introduction of the word shall be made in accordance with the word "are" the phrase " , as far as necessary, " inserted, in Z 1 the quote "§ 44" by quoting "§ 42 (1)" is replaced and is Z 2:

" 2.

the multi-factorial examination for age diagnosis (§ 2 paragraph 1 Z 25 Asylum G 2005 iVm § 13 paragraph 3 BFA-VG); "

33. § 29 (6) Z 5 and 6 read:

" 5.

Investigations into the identity of the asylum seeker;

6.

In the case of an institution of the Federal Office (§ 19 para. 2); "

34. In § 30, after the word "Torture" the twist " , through the use of severe forms of psychological, physical or sexual violence " inserted.

35. In § 31 (1), the phrase "an initial reception point in Germany" through the phrase "the Federal Office" and the phrase "§ § 15 (3a) and 29 (6) are" through the phrase "§ 29 (6) is" , and the following last sentence is added:

"The application for international protection shall be deemed to have been submitted in accordance with the provisions of sentence 1 or sentence 3."

36. § 50 (1) reads:

" (1) An asylum-seeker shall be issued a procedural card after the application has been made without unnecessary delay. This entitles the person to stay in and to take part in the provision of care in a care facility of the Federal Government in accordance with the provisions of the Federal Law, with which the basic supply of asylum seekers in the admission procedure and certain other strangers are regulated-GVG-B 2005, BGBl. No 405/1991. In addition, the process map can be used to document the procedural steps required to complete the authorisation procedure. If the authorisation of the procedure is carried out before the card is issued, the exhibition may be left out. "

37. In § 57 (1) (1) (1) the quote shall be " 1a " by quoting "Z 3" replaced.

38. § 58 (2) reads:

"(2) The granting of a residence permit in accordance with § 55 shall be examined by its own court if a return decision is declared inadmissible on the basis of § 9 (1) to (3) of the BFA-VG."

39. In § 59 (4), after the phrase "the decision" the phrase "on the application for renewal of the residence permit referred to in paragraph 1" inserted.

40. The following paragraph 5 is added to § 59:

" (5) In the case of a communication pursuant to paragraph 4, the expiry of the period referred to in paragraph 4 of the last sentence shall be inhibited. The Federal Office has to inform the applicant of the communication. With the application of the residence permit in accordance with Section 41a (3) of the NAG, the extension procedure shall be set free of formality. "

41. In § 62 (4) reads:

" (4) The Authority shall confirm the right of residence conferred by the Regulation by issuing an ID for displaced persons on its own account. The identification card is to be designated as "badge for displaced persons", can be extended and is sufficient to fulfil the obligation to pay. The Federal Minister of the Interior shall determine the form and content of the identity card and the confirmation in accordance with paragraph 1 by Regulation. "

Section 62 (5) is deleted.

43. § 67 together with the title shall be deleted.

44. The following paragraph 14 is added to § 73:

" (14) § § 2 (1) Z 8, 3a, including the title, 4a, 6 para. 1 Z 3, 12 para. 2 Z 2, 12a para. 2 Z 1, para. 3 Z 1 and para. 6, 13 para. 2, 15a para. 2, 17 para. 1, 2, 6 and 9, 19 para. 1 and 2, the headline of § 24 and § 24 (1) Z 1 to 3 and (2a), § § 25 Paragraph 1, 27a including the title, 28 para. 4, the title of § 29 and § § 29 (1), subsection 3 (3) to (6) and (6), (30), 31 (1), 50 (1), 57 (1) Z 1, 58 (2), 59 (4) and (5), 62 (4) and 75 (23), as well as the entries relating to § § 3a, 24, 27a, 29 in the following Table of contents in the version of the Federal Law BGBl. I No 70/2015 will enter into force on 20 July 2015. § 3 (4), 15 (3a) and (3b), 19 (6), 24 (4), 25 (1) (2) and (3), 29 (2), 62 (5) and 67 (including the title) and the entry to § 67 in the table of contents shall expire on 19 July 2015. "

45. In § 75 (23), the turn-of-the-turn "or 3." .

Article 4

Amendment of the Tourism Act 2005

The Foreign Police Act 2005 (FPG), BGBl. I n ° 100, as last amended by the Federal Law BGBl. I No 144/2013, shall be amended as follows:

1. In the table of contents, after the entry to § 24a the following entry is inserted:

" § 24b.

Visas at the external border "

2. The entry in the table of contents is § 27:

" § 27.

Annulment and non-reciprocity of Visa D "

3. In the table of contents the entry is to § 56:

§ 56.

Conditions for the granting of a time limit for voluntary departure "

4. In § 1 para. 2, the quote becomes "§ § 27a, 41 to 43 and 76 (1)" by quoting "§ § 27a and 41 to 43" replaced.

5. In § 2 para. 4 Z 14, after the quote " BGBl. No 100/2005 "the phrase" or in the sense of section 54 (1) of the Asylum Act 2005 " inserted.

6. The following paragraph 6 is added to § 3:

" (6) The State Police Director may authorize staff who are not members of the Public Security Service to exercise the power of command and enforcement provided for in § § 33, 35, 37 and 38, provided that such authority is suitable and specially trained for this purpose. . If, in order to enforce those powers, it would be necessary to overcome a resistance of the person concerned, the authorised staff members shall request an institution of the public security service to take the form of the act of office. "

7. In Section 5 (3), the phrase "by means of the State Police Directorates authorised pursuant to paragraph 2" through the phrase "by the competent authority" replaced.

8. In § 5 (3) and (4), § 6 (4), § 7 Z 2, 4 and 5, the word shall be "Annulment" by the word "Cancellation" replaced.

9. In Section 5 (3), the phrase "Invalid" by the word "annulled" replaced.

10. In Section 11 (8), after the word "can" the phrase "with the consent of the legal representative" and the last sentence is deleted.

11. § 12 (2).

12. In Section 13 (3), after the word order "Powers and orders of the State Police Directorates" the phrase " as well as those after the 7th, 8th. and 11. The main piece of powers and contracts awarded by the Federal Office for Foreign Affairs and Asylum " is inserted and the following paragraphs 6 and 7 are added:

" (6) In order to enforce a deportation order (§ 46) and the associated restrictions of freedom (arrest), the organs of the public security service are subject to respect for human dignity and with the possible protection of the person to perform authorized by command and enforcement authority in accordance with paragraph 3 until the transfer to the competent authorities of the target State, in so far as the binding international law does not conflict with them.

(7) The powers of § § 33, 35, 37 and 38 are also granted to authorized bodies of the State Police Directorates (Section 3 (6)). These institutions are subject to the Regulation of the Federal Minister of the Interior, which provides guidelines for the intervention of the institutions of the Public Security Service-RLV, BGBl. No 266/1993. Section 47 (2) of the BFA-VG shall apply mutatily. "

13. In § 20 (3), after the word "has" the phrase " , except in justified emergencies, " inserted.

14. In Section 21, Section 2, Z 8, the phrase shall be followed before the point of reference. "or § 27a (re-entry during the period of validity of a travel ban or a stay ban)" inserted.

15. The following paragraph 3 is added to § 24:

"(3) Paragraph 1 shall not apply to strangers during the stay in order to provide temporary work pursuant to § 18 paragraph 12 AuslBG if they satisfy the requirements of Art. 21 CISA and those of Section 18 (12) of the AuslBG."

16. In accordance with § 24a, the following § 24b with title is inserted:

" Visa on the external border

§ 24b. Visa D may be issued on request to a foreign person on the external border if the conditions laid down in Art. 35 (1) (b), (c) and (2) of the Visa Code are fulfilled and if there is no reason for the refusal of visas. "

17. In the title of § 27, the word "Invalid" by the word "Cancellation" replaced.

18. In § 27, the phrase in paragraph 1 shall be: "to be declared invalid" through the turn "To cancel" as well as in paragraphs 2 and 4 respectively, the word order "declared invalid" by the word "cancelled" replaced.

19. In § 27a (2) the word order shall be "Reason according to § 21 (2) Z 1 to 13" by the word "Reason for Visum Failure" replaced.

20. In § 34 (1), the following Z 2 shall be added:

" 2.

as far as this is the case with the participation in a verification on the spot according to § 9a Basic Supply Act-Bund 2005 (GVG-B 2005), BGBl. No 405/1991. '

21. § 36 (1) Z 1 reads:

" 1.

This is necessary for participation in a verification on the spot in accordance with § 9a GVG-B 2005; "

22. In Section 41 (2) (2) (2), after the word "Re-entry" the phrase "(§ 26a) or no re-entry permit" inserted.

23. The following final sentence shall be added to Article 46 (2):

"The alien has to participate in the necessary actions in order to obtain a replacement travel document to the extent necessary."

Section 46 (2a) reads as follows:

" (2a) The obligation to participate in accordance with paragraph 2 may also be imposed with a decision, § 19 para. 2 to 4 AVG applies accordingly. The communication can be connected with a summons to the Federal Office or to an official act of the Federal Office for the obtaining of a replacement travel document with the competent foreign authority (§ 19 AVG). "

§ 46a reads:

" § 46a. (1) The stay of strangers in the federal territory is to be tolerated as long as

1.

the deportation of which is inadmissible pursuant to § § 50, 51 or 52 (9), provided that the deportation is not permitted in another State;

2.

the deportation of which is inadmissible pursuant to § § 8 (3a) and 9 (2) Asylum Act 2005;

3.

the deportation of which appears impossible for reasons not to be justified by the stranger, or

4.

the return decision within the meaning of Article 9 (1) to (3) of the BFA-VG is temporarily inadmissible;

unless, after a decision has been taken in accordance with Section 61, the competence of another State, or the jurisdiction of another State, shall continue to be recognized or re-established.

(2) The Duldung pursuant to Section 1 (Z) 3 may be subject to conditions by the Federal Office; it shall, in any event, end with omission of the reasons for the obstacles. The conditions laid down are to be communicated to the foreigner by the Federal Office with a procedural arrangement (Section 7 (1) VwGVG) during the pending proceedings; it must be referred to in particular with regard to its continued duration in the final decision. § 56 shall apply mutaficly.

(3) In any case, the reasons to be taken by the foreigner shall be the case if:

1.

obfuscates his identity,

2.

does not comply with a loading date for the clarification of its identity or for the collection of a replacement travel document, or

3.

does not participate in the steps necessary to obtain a replacement travel document or foist the necessary steps.

(4) In the event of the existence of the conditions laid down in paragraph 1, the Federal Office shall issue a card for the patient on its own account or on request. The request shall be the reason for the cult referred to in paragraph 1, Z 1, 2, 3 or 4. The card serves to prove the identity of the foreigner in the proceedings before the Federal Office and has in particular the designations "Republic of Austria" and "Card for tolerated", furthermore name, gender, date of birth, nationality, photograph and Signature of the patient as well as the name of the authority to contain the date of the exhibition and the name of the gene consignor. The detailed design of the map is determined by the Federal Minister of the Interior by Regulation.

(5) The card for the patient shall be valid one year from the date of issue and shall be extended for one more year in the case of the further submission of the conditions pursuant to paragraph 1 above the request of the foreign. The card shall be withdrawn if:

1.

the period of validity of which has expired;

2.

the conditions of the cult referred to in paragraph 1 are not or are no longer available;

3.

the photograph on the card no longer leaves the holder unquestionable, or

4.

other official entries on the card have become unreadable.

The foreign person shall submit the card immediately to the Federal Office if the card has been withdrawn or circumstances exist which would justify a withdrawal. If the card has been withdrawn or is to be submitted, the institutions of the Public Security Service and the Federal Office shall be authorized to take the card. Cards withdrawn by the public security service bodies shall be submitted immediately to the Federal Office.

(6) The stay of the foreigner shall be deemed to be condoned with the conclusion of the card, unless the existence of the conditions pursuant to paragraph 1 has already been legally established at an earlier point in time. In this case, the stay shall be deemed to have been tolerated as from the date of the legal force of the determination. "

26. In § 51 (1) the word order is deleted "a return decision," .

27. In Section 52 (4), the phrase in Z 1 shall be deleted. ", entry titles or the permitted visa-free entry" and the following Z 1a shall be inserted:

" 1a.

, a reason for failure to enter or become known, which would be contrary to the granting of the last-granted entry title or a condition pursuant to section 31 (1), which would apply to the permitted visa-free entry or to the lawful Stay is required, "

28. In Section 52 (4) (2) (2) and (3), the quote shall be: "§ 8 para. 1 Z 1, 2 or 4 NAG" by quoting "§ 8 para. 1 Z 1 or 2 NAG" replaced.

29. In § 56, the word order shall be given in the heading "during the" through the phrase "in the case of a" replaced and in paragraph 3 Z 2 after the turn-over "of courts" the twist " , Public Prosecutors " inserted.

30. In § 56 (4), 71 (4) and 77 (6), the citation shall be "§ 63 (2) AVG" by quoting "§ 7 (1) VwGVG" replaced.

31. § 61 is added after paragraph 4 of the following paragraph 5:

"(5) A complaint against an order for non-national provision shall be submitted within one week."

32. The last sentence is deleted in Section 69 (1).

33. In § 71 (3) (2) (2), after the turn of the "of courts" the twist " , Public Prosecutors " inserted.

34. § 76 reads:

" § 76. (1) strangers may be arrested and stopped (detention) provided that the purpose of the detention cannot be achieved by means of a more money-free means (§ 77). Unmuddy minors must not be stopped in detention.

(2) The pusher shall be arranged only if:

1.

In order to secure the procedure for the release of a residence-terminated measure, to secure the procedure on an application for international protection with a view to the release of a residence-terminated measure or to the removal of , and where there is a risk of escape and the thrust is proportionate, or

2.

the conditions laid down in Article 28 (1) and (2) of the Dublin Regulation are met.

(3) There is a risk of escape within the meaning of paragraph 2 (1) or (2) of the Dublin Regulation if certain facts justify the assumption that the stranger is to withdraw from the proceedings or the deportation or that the stranger has the right to Deportation will be made much more difficult. In particular, account shall be taken of:

1.

whether the stranger participates in the procedure for the release of a stay-ending measure or is circumsenting or impeding the return or deportation;

2.

whether the foreign country has recently entered the territory of the Federal Republic against an upright entry ban, a right-of-residence ban or, during an upright arrangement, the foreign country has recently entered the territory of the Federal Republic of Germany;

3.

whether an enforceable right of residence exists or the stranger has already withdrawn from the procedure for the release of a residence measure or of a request for international protection;

4.

whether the factual deportation protection has been repealed in the case of a subsequent application (Section 2 (1) Z 23 of the Asylum Act 2005) or is not due to the stranger;

5.

whether, at the time when an application for international protection is in place, an enforceable measure of residence existed, in particular if it was already in detention at that time or pursuant to § 34 (3) (1) (1) (1) (1) (1) (1) up to 3 BFA-VG;

6.

whether, on the basis of the outcome of the survey, search or recognition service, it is to be assumed that another Member State is responsible under the Dublin Regulation, in particular where:

a.

the stranger has already submitted a number of applications for international protection in the Member States, or the stranger has provided false information on the subject,

b.

the stranger has tried to move to a third Member State, or

c.

it is probable, on the basis of the results of the questioning, search, recognition service or the behaviour of the stranger so far, that the stranger intends to continue to enter a third Member State;

7.

whether the stranger does not comply with his commitment from the money he has received;

8.

whether conditions, obligation to co-act, territorial restrictions or reporting obligations pursuant to § § 56 or 71 FPG, § 13 paragraph 2 BFA-VG or 15a Asylum G 2005 were violated, in particular in the event of a current or at the time of the status of an application on International protection for enforceable periods of residence;

9.

the degree of social inclusion in Austria, in particular the existence of family relations, the exercise of a legal activity or the existence of sufficient resources as well as the existence of a secure place of residence.

(4) The detention shall be ordered in writing; the latter shall be issued in accordance with § 57 AVG, unless the stranger is not only in prison in the short term when the proceedings for his release are initiated. Non-enforceable detention notices in accordance with § 57 AVG shall be deemed to have been revoked 14 days after their release.

(5) If a residence-terminated measure is enforceable and if the monitoring of the departure of the stranger appears necessary, the detention ordered to secure the procedure shall be deemed to have been imposed from that date as a safeguard for the deportation.

(6) If a stranger so requests international protection during a detention period, it may be maintained if there are grounds for believing that the application to delay the execution of a stay-in-residence Action has been taken. The existence of the conditions must be recorded with a document note, which is to be brought to the attention of the stranger. Section 11 (8) and Section 12 (1) of the BFA-VG shall apply mutatily. "

35. In § 77 (1) the word order is deleted " until the completion of the 16. Life Year " .

36. In § 78 (1), the last sentence is deleted.

37. In § 78, paragraph 3 is deleted, and in paragraph 8 the word order is deleted " , in the port of another state police directorate " .

38. In § 78 (6) after the word "Affected" the phrase "and its separate accommodation" inserted.

39. In § 79 (1) the phrase "and prisons" shall be replaced by the phrase "in accordance with section 78 (6)".

40. In § 80 (2), after the word "may" the phrase " , subject to the Dublin Regulation, " inserted.

41. In Section 80 (5), the phrase "In cases where the detention has been imposed in accordance with Section 76 (2) or (2a)" through the phrase "shall be subject to detention against asylum seekers or a stranger who has filed a request for international protection" replaced.

42. In § 80 (6) the quote becomes "§ 22a (2) Z 3 BFA-VG" by quoting "§ 22a (1) Z 3 BFA-VG" replaced.

43. In § 92, the following paragraph 1 is inserted after paragraph 1:

"(1a) The reasons for the failure of Section 14 (1) (3) (d), (e) and (Z) 5 of the Passgesetz 1992 shall apply in accordance with the condition that the passport shall be replaced by the passport."

(44) § 92 is added after paragraph 2 of the following paragraph 3:

' (3) Where the facts referred to in paragraphs 1 to 4 and paragraph 1a are based on the facts, criminal offences are based on the fact that, in any event, until the end of three years, a reason for failure is to be presumed, with periods of detention and periods of time being taken as a result of the fact that the person concerned is not entitled to a court or other person. Accommodation in accordance with § § 21 to 23 of the German Civil Code (StGB) shall be disregarded. In addition, § 14 Passgesetz 1992 shall apply. "

45. § 93 is added in accordance with Section 3 of the following paragraph 4:

"(4) If the holder of the tourist pass acquires the Austrian citizenship or if the cases referred to in paragraph 1 (1) (2) to (4) are present, there is no need for any person to be charged, provided that the authority's passport is submitted to the public authority without further ado for devaluation."

46. § 94 (5) reads:

"(5) § § 88 (4) and 89 to 93 shall apply mutatily with the proviso that the Convention passport shall be replaced by a tourist passport."

(47) The following paragraph 7 is added to Section 94a:

" (7) The bodies of the public security service are authorized to take out an identity card which has been submitted to them when they have been withdrawn. The identity card shall be submitted immediately to the Federal Office. "

48. In § 99 (4) the word shall be given in the second sentence "recognition service" by the word "recognition service" replaced.

49. The following sentence shall be added to Sections 120 (1), 121 (1) and (2) respectively:

"The administrative transgression according to the first sentence can be punished by an organ punishment according to § 50 VStG in the amount of up to 200 euros."

50. The following sentence is added to Article 120 (1a):

"The administrative transgression according to the first sentence can be punished by organ punishment according to § 50 VStG in the amount of 500 euros."

51. In Section 121 (1), the quote shall be: "§ § 46a (1a)" by quoting "§ § 46a (2)" replaced.

52. In § 125 (25), after the word order "pursuant to § 60 (4) and (5) in the version" the phrase "before the federal law" inserted.

53. The following paragraph 28 is added to § 125:

" (28) A stay tolerated before 20 July 2015 shall apply in the case of the

1.

§ 46a (1) (1) as a dent in accordance with § 46a (1) (1) (1),

2.

§ 46a (1) (2) as Duldung pursuant to Section 46a (1) (2),

3.

Section 46a (1a) as a Duldung pursuant to § 46a (1) (3) and (3)

4.

§ 46a (1c) as Duldung pursuant to § 46a (1) (4) (4)

in the version of the Federal Law BGBl I No. 70/2015. "

54. In Section 126 (13), the quote shall be: "41a A 2 Z 2" by quoting "41a (1) Z 2" as well as the quote "113 (6)" by quoting "113 (3)" replaced.

(55) The following paragraph 15 is added to § 126:

" (15) § § 1 para. 2, 2 para. 4 Z 14, 3 para. 6, 5 para. 3 and 4, 6 para. 4, 7 Z 2, 4 and 5, 11 para. 8, 13 para. 3, 6 and 7, 20 para. 3, 21 para. 2 Z 8, 24 para. 3, 24b with headline, the title of § 27 as well as § 27 para. 1, 2 and 4, § § 27a para. 2, 34 para. 1, 1 Z 2, 36 para. 1 Z 1, 41 para. 2 Z 2, 46 para. 2 and para. 2a, 46a, 51 para. 1, 52 para. 4 Z 1, 1a to 3, the title of § 56 and § § 56 (3) Z 2 and (4), 61 (5), 69 (1), 71 (3) Z 2 and (4), 76, 77 (1) and 6, 78 (1), (6) and (8), 79 Paragraphs 1, 80 (2), (5) and (6), 92 (1a) and (3), 93 (4), 94 (5), 94a (7), (99) (4), (4), (3), (120) (1) and (1a), (1) and (2), (25) and (28) and 126 (13) and the entries on § § 24b, 27 and 56 in the table of contents in the version of the Federal Law BGBl. I No 70/2015 will enter into force on 20 July 2015. § § 12 (2) and (78) (3) shall expire on 19 July 2015. "

Article 5

Amendment of the law on the establishment of a residence and residence permit

The Law on the Law of the Netherlands (NAG), Federal Law Gazette (BGBl). I n ° 100/2005, as last amended by the Federal Law BGBl. I n ° 40/2014, shall be amended as follows:

1. In the table of contents, the following entry is inserted after the entry in section 3a:

" § 3b.

Suspension of proceedings "

2. In Section 2 (6), the word order shall be deleted " or Declaration of Patentability (para. 2 Z 18) " .

3. In § 3 (2), last sentence, after the word "Discovery" the phrase "or the decision" inserted.

4. In § 3a, after the word "Findings" the phrase "and decisions" as well as after the word "Discovery" the phrase "or Decision" inserted.

5. In accordance with § 3a, the following § 3b together with the heading is inserted:

" Suspension of proceedings

§ 3b. If, on the basis of a recognition or decision of the administrative court of the country, the proceedings are to be continued by the Authority and, on the other hand, a revision is made, the Authority shall have the procedure pending the decision of the Administrative Court. "

6. § 4 reads:

" § 4. (1) The local jurisdiction in the territory of the country depends on the place of residence or intended residence of the foreigner. If the foreigner is no longer resident in the Federal territory or if his/her stay is unknown, that authority is the authority in whose sprenelage the stranger last had his residence or in the absence of such a person, in whose sprengel the stranger last pimp.

(2) In the case of a complaint, the local jurisdiction of an administrative court in the country shall be governed by the rule in which the competent authority referred to in paragraph 1 has its registered office. "

7. In Section 10 (3) Z 4, after the word "Austria" the phrase " , but within the EEA territory " inserted.

8. In Section 11 (1) (1) (1), the phrase "a enforceable return decision has been issued in accordance with § 52 FPG" through the phrase "an upright entry ban in accordance with § 53 FPG" replaced.

9. § 11 para. 1 Z 3 reads:

" 3.

has been adopted against him by a enforceable return decision and has not passed since 18 months, unless he has submitted an application in accordance with Article 21 (1), after he has made his/her leave to leave voluntarily. has come to an end; "

10. In Section 11 (3), the quote " 1 Z 5 or 6 " by quoting " 1 Z 3, 5 or 6 " replaced.

11. In Section 11 (5), the word order shall be " or Declaration of Patentability (para. 2 Z 15 or Z 18) " by the parenthesis expression "(§ 2 para. 1 Z 15)" replaced.

12. In § 12 para. 2, first sentence, the word order shall be "the one-langing" through the phrase "and the time of application" replaces and is the penultimate sentence:

"If an application is not filed in person by way of derogation from § 19 (1), in the event of the defect for the registration in the register, the date of the actual personal appearance of the applicant shall be decisive with the authority."

13. In Section 12 (5), the phrase "neither dismissed nor" by the word "not" replaced.

14. In Section 12 (6), the word order is deleted "for reasons other than that referred to in paragraph 4" and becomes in the last sentence after the word order "Administrative Courts of the Country" the phrase " -with the exception of a refoulement according to § 28 VwGVG-" inserted.

15. In § 13 para. 2 Z 3 the turn is "a settlement permit" through the phrase "a residence permit" Red-White-Red-Card plus "" replaced.

16. In Section 13 (7), the word "Establishment permits" by the word "Residence Title" replaced.

17. In § 14b (1), the quote "§ § 45 or 48" by quoting "§ 45" replaced.

18. § 19 (1) shall be taken after the word "Representative" the word "personal" inserted.

19. In § 19 (7), after the word order "their legal representatives" the word "personal" is inserted and the following sentence is added:

" Strangers, who are the 14. By way of derogation from the first and second sentence of the residence permit or the documentation of the Union's right of residence, the legal representatives of immutable underage strangers may also be served on their own hands (§ 21 Delivery Act, BGBl. No. 200/1982), provided that they are legally resident in Germany, they will have a national address in the country and § 21 (1) shall not be contrary to that. "

20. § 19 is added after paragraph 11 of the following paragraph 12:

" (12) Without prejudice to § 24 VwGVG, oral proceedings by the administrative court of the country may be suspended if the facts are finally established and the appellant is resident abroad and does not enter into or to enter the country of residence. A stay in the federal territory is justified. "

21. In § 21 (2) (6), after the word "Family members" the phrase "in each case after lawful entry and during their legal stay" inserted.

22. In § 21 (2), in Z 7 the word "and" and in Z 8 the point is replaced by a stroke, and the following Z 9 and 10 are added:

" 9.

Third-country nationals referred to in Article 1 (2) (lit). i or j AuslBG or § 1 Z 5, 7 or 9 AuslBVO are excluded from the scope of application of the AuslBG or which are under § 1 Z 4 person group regulation 2014-PersGV 2014, BGBl. II No 340/2013, apply for a residence permit "special cases of paid employment" or a residence permit "Studierender", after lawful entry and during their legal stay and

10.

Third-country nationals who have an Austrian maturity, maturity certificate or diplomacy certificate from a domestic or foreign school after a lawful entry and during their legal stay. "

23. In Section 21 (2) (8) and (64) (4), the citation shall not apply. " 2 Z 3 " .

24. In § 21 (6) the quote becomes " 2 Z 1 and Z 4 to 8, " by quoting " 2 Z 1, Z 4 to 10, " replaced.

25. In § 23 para. 2, the quote becomes "§ 21 FPG iVm § 24 para. 3 FPG" by quoting "§ 21 iVm § 25 paragraph 1 FPG" is replaced.

26. In § 33 (2) the quote becomes "§ 20e para. 1 AuslBG" by quoting "§ § 20d para. 2 or 20e para. 1 AuslBG" replaced.

27. In § 37 (5), the phrase "to issue a residence permit" through the turn "according to this federal law" replaced.

28. In § 41a (6) (2), after the word "is" the phrase "or in accordance with Section 10 (3) (3) (3) or (4) (4) was inserted".

29. In § 45, the following subsection (4a) is inserted:

'(4a) By way of derogation from the last sentence of paragraph 4, in the case of holders of a residence permit' family member ', the periods of a legal establishment before the interruption of the five-year period referred to in paragraph 1 may be credited to those periods if:

1.

its spouse, registered partner or parent is an Austrian who is in a service relationship with a domestic authority and whose place of business is abroad, or

2.

His spouse, registered partner or parent is Austrian, who is in a service relationship with a domestic corporation under public law and whose place of business is abroad, insofar as the activity of this body abroad is in the the interest of the Republic and

he/she has previously communicated the intended task of establishment (Section 2 (2)) of the Authority. The presence of the conditions according to Z 1 or 2 shall be proven by the foreign. "

30. In § 49 (4), after the word "Employment" the word "one" inserted.

31. In § 50 (1) the quote shall be: "§ 49 (3)" by quoting "§ 49 (4)" replaced.

32. § 55 (3) the following final sentence shall be added:

"During a procedure for the completion of the stay, the expiry of the period in accordance with § 8 VwGVG shall be inhibited."

33. In § 64 (4), the word "justifiable" and the following final sentence shall be added:

"§ 19 shall apply."

34. In Section 67 (1), in Z 1 the word "and" replaced by a dash, in Z 2 the point by the word "and" replaced and the following Z 3 added:

" 3.

they can prove a recording agreement (§ 68) concluded with a research institution (section 71 (1)). "

35. § 67 (2).

36. § 68 Z 3 reads:

" 3.

Information on the monthly gross charge or equivalent income. "

37. In Section 77 (2), in Z 2 and 3, the word order shall be "or Declaration of Patentability (§ 2 para. 1 Z 15 or Z 18)" by the parenthesis expression "(§ 2 para. 1 Z 15)" In Z 2 the turn is replaced and replaced "or Declaration of Patentability" .

38. The following paragraph 21 is added to § 82:

" (21) § § 2 para. 6, 3 para. 2, 3a, 3b including title, 4, 10 para. 3 Z 4, 11 para. 1 Z 1 and 3, para. 3 and 5, 12 para. 2, 5 and 6, 13 para. 2 Z 3 and para. 7, 14b para. 1, 19 para. 1, 7 and 12, 21 para. 2 Z 6 to 10 and para. 6, 23 para. 2, 33 para. 2, 37 para. 5, 41a (6) Z 2, 45 (4a), 49 (4), 50 (1), 55 (3), 64 (4), 67 (1) (1) to (3), 68 (3), 77 (2) (2) and (3), 83 (1) and (3), as well as the entry in the table of contents (§ 3b) in the version of the Federal Law BGBl (Federal Law). I No 70/2015 will enter into force on 20 July 2015. Section 67 (2) shall expire on the expiry of 19 July 2015. "

39. In § 83 Z 1, the quote "§ § 13, 38 (1) and 76 (1)" by quoting "§ § 13 and 38 (1)" replaced and in Z 3 the citation "§ 15 (4)" by quoting "§ 15 (2)" replaced.

Article 6

Amendment of the Basic Supply Act-Federal Government 2005

The Basic Supply Act-Federal Government 2005 (GVG-B 2005), Federal Law Gazette (BGBl). No. 405/1991, as last amended by the Federal Law BGBl. I n ° 68/2013, shall be amended as follows:

1. § 1 Z 6 reads:

" 6.

the Dublin Regulation: Regulation (EU) No 604/2013 laying down the criteria and mechanisms for determining the Member State responsible for examining an application lodged in one of the Member States by a third-country national or a stateless person on international protection (recast), OJ C 327, 28.4.2002 OJ L 180, 29.06.2013, p. 31.

2. In § 2 (1) the turn of the sentence (§ 1 Z 5) shall be made " , taking into account, as far as possible, any specific needs of persons in need of protection-as far as possible-in the context of inclusion in the basic supply " inserted.

(3) The following paragraph 1a is inserted in § 2:

" (1a) There is no entitlement to care in a particular federal care institution or in a specific federal state. If necessary, a transfer of asylum-seekers and other strangers in accordance with paragraph 1, which are already being supplied in a care facility of the Federal Government, is permissible in another Federal Ministry of Supervisors. The asylum seeker must be informed informally, in which institution of the federal government (§ 1 Z 5) the basic supply will be granted in the future and it is to enable him to travel free of charge to him. In this case, the asylum seeker is no longer entitled to stay in the care facility in which he has been supplied so far. "

4. In § 2 para. 2, the word order shall be "the special protection needs of women and minors standing alone" through the phrase "the special needs of persons in need of protection" replaced.

5. In § 2 para. 4, in Z 2, after the word "will" the word "or" and the following Z 3 shall be inserted:

" 3.

within the care facility, have committed a dangerous attack (§ 16 para. 2 and 3 SPG) against life, health or freedom and, on the basis of certain facts, is to be accepted, they will commit another such, "

6. § 2 (7) reads:

" (7) In the event of the withdrawal of the suspensive effect of a complaint in accordance with Section 18 (1) of the BFA-VG, a third party without a right of residence shall lose the right to the supply in accordance with paragraph 1, provided that the Federal Administrative Court has the suspensive effect according to § § 18 (1) of the German Civil Law 18 (5) BFA-VG not to be recognised. If the stranger participates in the voluntary departure, the right to receive the care provided for in paragraph 1 shall be resumed for the period of participation up to the date of voluntary departure. In the event of loss of the right to supply, a supply to the foreign person within the meaning of Article 20 (5), last sentence, of Directive 2013 /33/EU on the establishment of standards for the reception of persons applying for international protection shall be a supply to the foreign (recast), OJ C No. OJ L 180, 29.06.2013 p. 96, pending the departure from the Federal Republic of Germany. "

7. In Section 3 (1), in Z 3, the word "and" and in Z 4 the point is replaced by a stroke, and the following Z 5 to 6 are added:

" 5.

Non-residents without a right of residence after a legally binding conclusion of their asylum procedure, unless the conditions of Article 2 (1) (1) (2) of the Basic Supply Agreement are met and

6.

Asylum seekers and other strangers in accordance with § 2 para. 1, who can make their living from their own resources. "

8. The following final sentence shall be added to Article 3 (1):

"Section 2 (6) shall apply mutatily."

9. In § 3, in para. 2 after the turn of the turn "pursuant to § 2 (1)," the phrase " which have been provided with basic services in accordance with § 2, but " inserted, the phrase "can dispute" through the phrase "could have been fighting" replaced and the following paragraph 3 added:

" (3) eligible for asylum and subsidiary protection, whose procedures have already been brought to a final positive end before being submitted to a care centre of a federal state and which are supplied in a federal care office pursuant to § 6 (3), may be excluded from supply four months after the completion of their asylum procedure. "

10. In Section 4 (1), the phrase "may the Authority" through the phrase "can the Federal Minister for Home Affairs" , the turn "acting for the Authority and having it" through the phrase "for the Federal Minister of the Interior, and have this" and the phrase "the instructions of the Authority" through the turn "its instructions" replaced.

11. In § 4 (3), the quote "§ 45 (1) Z 3" by quoting "§ 43 (2) Z 2" replaced.

12. In § 5 (1), after the word order "this support institution of the federal government" the phrase "or of certain areas of this care facility" inserted.

13. In § 6 (1) the word order shall be "The Authority shall decide on the first place of accommodation after the authorisation has been granted" through the phrase "The Federal Minister for Home Affairs decides on the first-time placement in a care centre of a federal state" replaced.

14. In § 8, in paragraph 4, by word "Social Security Institutions" the phrase ", to the tax offices, to the district administrative authorities as health authorities" and in paragraph 6 after the word "Procedure" the phrase "or for the purposes of settlement in accordance with Article 11 of the Basic Supply Agreement" inserted.

Section 9 (1) reads as follows:

"(1) Authority according to this federal law is the Federal Office."

16. In Section 9 (2), (3) and (3b), the turn-over "First Instance" and shall be referred to in Article 9 (3b) after the word "Findings" the phrase "and decisions" as well as after the word "Discovery" the phrase "or the decision" inserted.

17. In § 10 (1), after the word "Federal Government" the phrase "or an area of such a care facility" inserted.

18. The following paragraph 19 is added to § 16:

" (19) § § 1 Z 6, 2 para. 1, 1a, 2, para. 4 Z 2 and 3 and para. 7, 3 para. 1 to 3, 4 para. 1 and 3, 5 para. 1, 6 para. 1, 8 para. 4 and 6, 9 para. 1 to 3b and 10 para. 1 in the version of the Federal Law BGBl. I No. 70/2015 will enter into force on 20 July 2015. "

Fischer

Faymann