100. Federal Law, with which the Federal Constitutional Law is amended, an Asylum Act 2005, a Foreign Police Act 2005 and a law of establishment and residence are enacted, the Federal Care Act, the civil status law, the Federal Law on the independent Bundesasylsenat, the Introductory Act to the Administrative Procedural Laws 1991, the Security Policy Act, the Fees Act 1957, the Family Law Balancing Act 1967, the Child Care Money Act and the Tilgungsgesetz 1972 , as well as the Tourism Act 1997 (2005 Tourism Package)

The National Council has decided:

table of contents

Article 1:	Amendment of the Federal Constitutional Law
Article 2:	Asylum Act 2005
Article 3:	Tourist Police Act 2005
Article 4:	Law on establishment and residence
Article 5:	Repeal of the 1997 Tourism Law
Article 6:	Amendment of the Federal Childcare Act
Article 7:	Amendment of the civil status law
Article 8:	Amendment of the Federal Law on the Independent Federal Asylsenate
Article 9:	Amendment of the Introductory Act to the Administrative Procedures Law 1991
Article 10:	Amendment of the Security Policy Act
Article 11:	Amendment of the Fees Act 1957
Article 12:	Amendment of the Family Law Compensatory Act 1967
Article 13:	Amendment of the Child Care Money Act
Article 14:	Amendment to the 1972 Tilgungsgesetz

Article 1

(constitutional provision)

Amendment of the Federal Constitutional Law

The Federal Constitutional Law, BGBl. No. 1/1930, as last amended by the Federal Constitutional Law BGBl. I No 81/2005, shall be amended as follows:

1. In Article 129a (1) and (3) and Art. 129b (1), (2), first sentence, (3), (4) and (6), after the word "Administrative Senate" the words "in the countries" inserted.

2. In Art. 129a (2), after the word "Administrative Senate" the words "in the country" inserted.

3. In Art. 129b (2), second sentence, the words "the independent administrative senate" by the words "the independent administrative council" shall be replaced by the words "an independent administrative body" .

(4) In Article 129b (5), after the word "Administrative Senate" the words "in the countries" inserted.

Article 129c (1) reads as follows:

" (1) By federal law, a further independent administrative Senate (independent federal asylum council) may be established. This shall recognize after the exhaustion of the administrative instance train, provided that such a train is considered

1.		on complaints in asylum cases and
2.		on complaints of breach of decision-making obligations in matters relating to Z 1. "

7. In Art. 129c (3) and (5), the word shall be: "Senates" by the words "Independent Federal Asylum" replaced.

8. In Art. 129c (7), the word "Senat" by the words "Independent Bundesasylsenat" replaced.

(9) The following paragraph 33 is added to Article 151:

" (33) Art. 129a, Art. 129b and Art. 129c (1), (3), (5) and (7), as amended by the Federal Law of the Federal Republic of Germany (BGBl). I No 100/2005 is 1. Jänner 2006 Kraft. "

Article 2

Federal Law on the granting of asylum (Asylum Act 2005-Asylum G 2005)

table of contents

1. Main item: Scope and definitions
§ 1	Scope
§ 2	Definitions
2. Main item: Status of the asylum and subsidiary protections
1. Section: Status of the asylum seeker
§ 3	Status of the asylum seeker
Section 2: Unemployment of Austria
§ 4	Third country security
§ 5	Jurisdiction of another State
Section 3: Exclusion of the granting and withdrawal of the status of the asylum seeker
§ 6	Exclusion from the granting of the status of the asylum seeker
§ 7	Recognition of the status of the asylum seeker
Section 4: Status of subsidiary protections
§ 8	Status of subsidiary protections
§ 9	Dismise of the status of subsidiary protection
Section 5: Common provisions
§ 10	Connection with expulsion
§ 11	National Escape Alternatives
3. Main piece: Rights and obligations of asylum seekers
Section 1: Stay in the Federal Republic of Germany during the asylum procedure
§ 12	Factual deportation protection
§ 13	Right of residence
§ 14	Re-entry
Section 2: Co-action obligations
§ 15	Participation obligations of asylum seekers in the procedure
4. Main piece: procedural law
1. Section: General procedure
§ 16	Ability to act
§ 17	Process flow
§ 18	Investigative procedure
§ 19	Surveys and revenue
§ 20	Interventions by victims in sexual self-determination
Section 21	Evidence
Section 22	Decisions
Section 23	Deliveries
§ 24	Adjustment of the procedure and unjustified removal from the initial reception point
Section 25	Non-representability and withdrawal of applications
Section 26	Arrest Order
§ 27	Initiation of expulsion proceedings
Section 2: Special provisions for the authorisation procedure
§ 28	Authorisation procedure
§ 29	Procedure in the initial reception
§ 30	Victims of violence
Section 3: Special provisions for airport procedures
Section 31	Arrival via an airport and show
Section 32	Backup of rejection
§ 33	Special procedural rules for airport procedures
Section 4: Special provisions for the family procedure
Section 34	Domestic family procedures
§ 35	Applications for family proceedings in the case of professional representative bodies
Section 5: vocations
§ 36	Effect of vocations
Section 37	Recognition of the suspenseable effect of an appeal
§ 38	Dismise of the suspenseable effect of an appeal
§ 39	Safe countries of origin
6. Section: Special provisions for the procedure in second instance
§ 40	Bringing forward in the appeal
Section 41	Procedure in second instance
§ 42	Guidance decisions
5. Main item: Participation of the institutions of the Public Security Service
Section 43 digits of the application for international protection at a safety authority or in the case of organs	of the public security service
Section 44	Questioning, search and recognition service
§ 45	Implementation of the performance
Section 46	Performance after referral to the Tourism Authority
§ 47	Interventions in the right to personal freedom
§ 48	Acceptance of cards
§ 49	Exercise of direct force
6. Main item: Cards for asylum seekers and subsidiary protection beneficiaries
§ 50	Process Card
Section 51	Residence authorization card
Section 52	Card for subsidiary protection
Section 53	Withdrawal of cards
7. Main item: Use of personal data
§ 54	General
§ 55	Using discovery service data
§ 56	Central Process File; Information Network
Section 57	Special transfers
8. Main piece: Austrian and international authorities, legal and refugee advisors
1. Section: Austrian authorities, state documentation and official complaint
Section 58	Bundesasylamt
§ 59	Initial locations
§ 60	State documentation
Section 61	Independent Bundesasylsenat
Section 62	Official complaint
2. Section: International protection of asylum seekers and refugees
§ 63	International protection of asylum seekers and refugees
Section 3: Legal advice, promotion of asylum seekers and refugees, return assistance
Section 64	Legal advice in the authorisation procedure
Section 65	Legal Advisor Request Profile
Section 66	Refugee adviser
Section 67	Return Assistance
Section 68	Integration Assist
9. Main item: Final provisions
Section 69	Linguistic equality
Section 70	Fees
Section 71	References
Section 72	Enforcement
Section 73	Time scope
Section 74	Relationship with the Geneva Convention on Refugees
§ 75	Transitional provisions

1. Main item

Scope and definitions

Scope

§ 1. This federal law goverts

1.		the granting and withdrawal of the status of the person entitled to asylum and of the subsidiary entitled to the protection of persons entitled to the right of protection to a foreign person in Austria;
2.		the cases in which a decision is to be linked to an expulsion pursuant to this Federal Act;
3.		the procedure for obtaining a decision pursuant to Z 1 and 2.

Definitions

§ 2. (1) Within the meaning of this Federal Law,

1.		the Geneva Convention on the Status of Refugees: the Convention on the Status of Refugees of 28 July 1951, BGBl. N ° 55/1955, in which the Protocol on the Status of Refugees of 31 December 1955 Jänner 1967, BGBl. No 78/1974, as amended;
2.		the ECHR: the Convention for the Protection of Human Rights and Fundamental Freedoms, BGBl. No 210/1958;
3.		Protocol No 6 to the Convention: Protocol No 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms on the Abolition of the Death Penalty, BGBl. No 138/1985;
4.		Protocol No 11 to the Convention: Protocol No 11 to the Convention for the Protection of Human Rights and Fundamental Freedoms on the reorganisation of the control mechanism established by the Convention, BGBl. III No 30/1998;
5.		Protocol No 13 to the Convention: Protocol No 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms, on the complete abolition of the death penalty, BGBl. III No 22/2005;
6.		the EU Treaty: the Treaty on European Union in the version of BGBl. III No 85/1999, as amended by BGBl. III No 4/2003 and BGBl. III n ° 20/2004;
7.		the Dublin Convention: the Convention on the determination of the State responsible for the examination of an application for asylum lodged in a Member State of the European Communities, signed in Dublin on 15 June 1990, BGBl. III No 165/1997;
8.		the Dublin Regulation: Regulation 2003 /343/EC laying down the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national asylum application is responsible, OJ L 327, 28.4.2002 OJ L 50, 25.2.2003, p.1;
9.		the status directive: Directive 2004 /83/EC on minimum standards for the qualification and status of third-country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the of protection granted, OJ L 327, 22. OJ L 304, 30.9.2004, p.12;
10.		the basic supply agreement: the agreement between the Federal Government and the Länder in accordance with Art. 15a B-VG on common measures for the temporary basic supply of foreign aid and assistance (asylum-seekers, asylum-seekers, displaced persons and other people who are not deportable for legal or factual reasons) in Austria, BGBl. I No 80/2004;
11.		Prosecution: any act of persecution within the meaning of Article 9 of the Status Directive;
12.		a reason for persecution: a reason referred to in Article 10 of the Status Directive;
13.		an application for international protection: the request by a stranger in Austria to submit to the protection of Austria in any way; the application shall be deemed to be a request for the granting of the status of the asylum seeker and in the event of non-recognition of the status of the person entitled to asylum as a request for recognition of the status of the subsidiary entitled to subsidiary protection;
14.		an asylum seeker: a stranger from the lodging of an application for international protection until the final conclusion, for the cessation or non-objection of the proceedings;
15.		the status of the person entitled to asylum: the permanent right of entry and residence granted by Austria to strangers under the provisions of this Federal Law;
16.		the status of the subsidiary protection authority: the temporary, renewable right of entry and residence granted by Austria to strangers under the provisions of this Federal Law;
17.		a country of origin: the State of which the foreign is a national, or-in the case of statelessness-the State of its former habitual residence;
18.		a Member State: any State which is a party to the EU Treaty (Z 6);
19.		an EEA State: any State which is a party to the Agreement on the European Economic Area (EEA Agreement);
20.		a third country: any State which is not a Member State of the European Union;
21.		EEA citizen: any person who is a national of an EEA State (Z 19);
22.		Member of the family: who is the parent of an underage child, spouse or, at the time of the application, an unmarried minor child of an asylum seeker or of a stranger who is entitled to the status of the subsidiary entitled to protection or to the persons entitled to asylum have been granted, provided that the family property has already existed in the country of origin of spouses;
23.		a subsequent application: any application which has already been fined in a legally binding manner subsequent to the following further application;
24.		Civil person: any person who is a part of the civilian population within the meaning of Article 50 (1) of the Additional Protocol of 10 December 1977, BGBl. No 527/1982, on the Geneva Conventions of 12 August 1949 on the protection of victims of international armed conflicts, BGBl. No. 155/1953, and

(2) For the purposes of this Federal Act, recognition service data are: light images, fingerprints of the fingers, external physical characteristics and the signature.

2. Main piece

Status of asylum-seeker and subsidiary protection

Section 1

Status of the asylum seeker

Status of the asylum seeker

§ 3. (1) A stranger who has submitted an application for international protection in Austria shall, in so far as this application is not rejected on the grounds of third country security or jurisdiction of another State, be entitled to the status of the asylum seeker , if it is credible that he or she is in danger of being persecuted in the State of origin within the meaning of Article 1 (A) (2) (2) of the Geneva Convention.

(2) The persecution may also be based on events which have occurred after the foreign country has left its State of origin (objective realignment reasons) or based on the activities of the stranger who have left the country of origin since leaving the country of origin , which are, in particular, the expression and continuation of a conviction already in place in the country of origin (subjective reprousive reasons). A stranger who makes a subsequent application (§ 2 Z 23) does not, as a rule, be granted the status of the asylum seeker if the risk of persecution is based on circumstances created by the stranger himself after leaving his country of origin, This is because it is an activity that is permitted in Austria, which has been shown to be an expression and continuation of a conviction already in place in the country of origin.

(3) The application for international protection shall be dismissed in respect of the granting of the status of the asylum seeker if:

1.		an intra-state escape alternative (§ 11) is open to the stranger, or
2.		the stranger has set an asylum exclusion reason (§ 6).

(4) If the Republic of Austria has undertaken to do so under international law, the status of the person entitled to asylum shall be recognised by a stranger on its own initiative and without further proceedings.

(5) The decision by which a stranger is granted the status of the person entitled to asylum on the grounds of or on the basis of an application for international protection shall be linked to the finding that this stranger, by virtue of the law, has the power to: refugee status.

Section 2

Incompetence of Austria

Third country security

§ 4. (1) An application for international protection shall be rejected as inadmissible if the stranger in a state to which a contract on the provisions of jurisdiction to examine an application for asylum or an application for international protection or the Dublin Regulation is not applicable, protection against persecution can be found (protection in a safe third country).

(2) Protection in a safe third country exists if a stranger is open or in the way of a refugee in a state in which he is not threatened in accordance with Section 8 (1) of the Geneva Convention. is secured by other states (asylum procedure), he is entitled to stay during this procedure in that state and he has protection there from deportation to the country of origin-also by way of other states-if he is in this state in accordance with § 8 Paragraph 1 is threatened. The same applies to the same protection against refoulement, repatriation or deportation to States which have already taken a decision in a procedure to grant the status of a refugee under the Geneva Convention.

(3) The conditions set out in paragraph 2 of this Article shall be refuted in a State if it has ratified the Geneva Convention on Refugees and has established an asylum procedure which is in accordance with the principles of this Convention, the ECHR and Protocol No. 6, No 11 and No 13 to the Convention.

(4) Despite protection in a safe third country, the application for international protection should not be rejected as inadmissible if an expulsion associated with the refoulement would result in an infringement of Article 8 of the ECHR. Refoulement for protection in a safe third country shall, in particular, be subject to:

1.		the asylum seeker is EEA citizen;
2.		a parent of an under-age, unmarried asylum seeker in Austria has been granted the status of the right of asylum or of the subsidiary entitled to be protected, or
3.		the spouse or an underage, unmarried child of the asylum-seeker in Austria has been granted the status of the applicant for asylum or of the subsidiary entitled to protection.

(5) A stranger whose application for international protection has been rejected as inadmissible pursuant to paragraph 1 cannot, for factual reasons not justified in his conduct, not within three months of enforceability of the defection are pushed back or pushed off, the decision comes out of force.

Jurisdiction of another State

§ 5. (1) A request for international protection not provided pursuant to § 4 is to be rejected as inadmissible if another State is contractually or pursuant to the Dublin Regulation for the examination of the application for asylum or the application for international protection is responsible. The authority also has the authority to determine which State is responsible for its refusal.

(2) In accordance with paragraph 1, it is also necessary to proceed if another State is responsible for the examination of the application for asylum or of the application for international protection under the Dublin Regulation.

(3) Unless there are particular grounds for believing in the person of the asylum seeker, or obvious from the authority which speak for the real risk of the lack of protection against persecution, it must be assumed that the Asylum seeker in a state according to paragraph 1 protection against persecution.

Section 3

Exclusion from the granting and withdrawal of the status of the asylum seeker

Exclusion from the granting of the status of the asylum seeker

§ 6. (1) A foreigner shall be excluded from the award of the status of an asylum seeker if:

1.		and as long as he enjoys protection under Art. 1 Section D of the Geneva Convention;
2.		one of the grounds for exclusion referred to in Article 1 (F) of the Geneva Convention;
3.		it constitutes a threat to the security of the Republic of Austria for reasons of importance, or
4.		he has been legally convicted by a domestic court for a particularly serious crime and is a danger to the community because of this criminal conduct. A conviction by a national court is to be convicted by a foreign court which is subject to the conditions of § 73 StGB (German Civil Code), BGBl. No 60/1974.

(2) If there is a reason for exclusion in accordance with paragraph 1, the application for international protection in respect of the granting of the status of the asylum-seeker may be dismissed without further examination. § 8.

Recognition of the status of the asylum seeker

§ 7. (1) The status of the person entitled to asylum is to be discernable from a foreign person on the basis of a communication, if:

1.		an asylum exclusion reason in accordance with § 6;
2.		one of the reasons for the convocation referred to in Article 1 (C) of the Geneva Convention, or
3.		the asylum seeker is at the centre of his life relations in another state.

(2) The Authority shall not be able to recognise the status of a person entitled to asylum in accordance with paragraph 1 (2) if the Federal Asylce Office does not, if legally binding, take place within 5 years after he has been granted the status of a foreign person and the foreign has its main residence in the federal territory. If it cannot be cancelled after the first sentence, the authority shall have the following in accordance with the Federal Act on the establishment and the stay in Austria-NAG, BGBl. I n ° 100/2005, the competent authority of the facts. If the latter informs the authority that it has legally granted a residence permit to the foreign person, the status of an asylum-seeker in accordance with paragraph 1 Z 2 may also be recognised by such a foreign person.

(3) The disqualification referred to in paragraph 1 (1) (1) and (2) must be linked to the finding that the person concerned no longer has the status of refugee by virtue of the law. The latter shall return cards and cards confirming the status of the person entitled to asylum or the status of refugee, in accordance with the legal force of the withdrawal of the Authority.

Section 4

Status of subsidiary protections

Status of subsidiary protections

§ 8. (1) The status of the subsidiary entitled to protection is to be attributed to a stranger,

1.		which has submitted an application for international protection in Austria if it is dismissed in respect of the granting of the status of the asylum seeker, or
2.		that the status of the person entitled to asylum has been recognised,

if a rejection, repatriation or deportation of the foreigner to his State of origin would constitute a real danger of a breach of Article 2 of the ECHR, Article 3 of the ECHR or Protocols 6 or 13 to the Convention, or for him as a civilian would pose a serious threat to life or integrity as a result of indiscriminate violence in the context of an international or domestic conflict.

(2) The decision on the granting of the status of the subsidiary entitled to the protection referred to in paragraph 1 is to be combined with the repellable decision in accordance with § 3 or the withdrawal of the status of the asylum seeker according to § 7.

(3) Applications for international protection shall be dismissed in respect of the granting of the status of the subsidiary entitled to protection if an intra-State escape alternative (§ 11) is open.

(4) At the same time, a foreign person who is entitled to the status of the subsidiary entitled to protection shall be granted a temporary right of residence as a subsidiary protection authority by the competent authority. The right of residence is valid for one year and, in the case of the further existence of the conditions, is extended by the Federal Asyls Office at the request of the foreigner. After a request by the foreigner, the right of residence shall be valid until the final decision on the renewal of the right of residence if the application for renewal has been made before the expiry of the right of residence.

(5) In a family procedure pursuant to § 34 (1) (2) (2), paragraph 4 shall apply, with the proviso that the right of residence to be granted ends at the same time as that of the family member from whom the right is derived.

(6) If the country of origin of the asylum seeker cannot be established, the application for international protection shall be dismissed in respect of the status of the subsidiary entitled to protection. In this case an expulsion from the federal territory is to be provided, if this is not inadmissible pursuant to § 10 para. 2. Section 10 (3) applies.

(7) The status of the subsidiary entitled to protection shall be deleted if the status of the person entitled to asylum is granted to the stranger.

Dismise of the status of subsidiary protection

§ 9. (1) The status of a subsidiary entitled to protection is to be discernable from a foreign person by reason of a communication, if:

1.		the conditions for granting the subsidiary protection status (Section 8 (1)) are not or are no longer available;
2.		he has the focus of his life relationships in another state, or
3.		he has obtained the nationality of another State and a refusal, repatriation or deportation of the stranger to his new State of origin shall not constitute a real risk of a breach of Article 2 of the ECHR, Article 3 of the ECHR or of Protocols No 6 or No 13 to the Convention or to him as a civilian person would not pose a serious threat to life or integrity as a result of indiscriminate violence in the context of an international or domestic conflict.

(2) The withdrawal of the status of the subsidiary entitled to protection is to be linked to the withdrawal of the right of residence as a subsidiary protection authority. The stranger shall return cards confirming the status of the subsidiary to the authority, according to the legal force of the dismissive.

Section 5

Common provisions

Connection with expulsion

§ 10. (1) A decision under this federal law shall be linked to an expulsion if:

1.		the application for international protection is rejected;
2.		the application for international protection is dismissed both in respect of the granting of the status of the right of asylum and of the granting of the status of the subsidiary entitled to protection;
3.		the status of the person entitled to asylum is recognised by a stranger, without the status of the subsidiary entitled to protection being granted, or
4.		a stranger is the status of a subsidiary entitled to protection.

(2) The expulsion referred to in paragraph 1 shall be inadmissible if:

1.		to the stranger in individual cases a right of residence not based on this federal law, or
2.		they would constitute a violation of Article 8 of the ECHR.

(3) If the execution of the expulsion for reasons which lie in the person of the asylum seeker would constitute an infringement of Article 3 of the ECHR and these are not of a duration, it should be said at the same time as the expulsion that the implementation for is to postpone the necessary time.

(4) An expulsion which is connected to a decision pursuant to paragraph 1 (1) (1) shall also always be deemed to be the determination of the admissibility of the refusal, repatriation or deportation to the State concerned. If there is a enforceable expulsion, the stranger has to leave immediately.

National Escape Alternatives

§ 11. (1) If, in part of their country of origin, asylum seekers can be protected by the State or other actors who control the State of origin or a substantial part of the territory of the State, and the stay in that part of the asylum seeker may be guaranteed. The application for international protection is to be dismissed (National Fluchtalternative). Protection is guaranteed if, with regard to this part of the country of origin, there is no well-founded fear under Article 1 (A) (2) (2) of the Geneva Convention on Refugees and the conditions for granting the status of subsidiary Persons entitled to protection (Section 8 (1)) in respect of this part of the State of origin are not given.

(2) In the case of an examination as to whether an intra-State escape alternative is given, it must be based on the general circumstances of the country of origin and on the personal circumstances of the asylum seeker at the time of the decision on the application.

3. Main piece

Rights and obligations of asylum seekers

Section 1

Stay in the federal territory during the asylum procedure

Factual deportation protection

§ 12. (1) A stranger who has filed a request for international protection in Austria may, pending the release of a enforceable decision, until such time as the proceedings have not been established, or after a setting up to the date on which a person has been given an application for international protection. The continuation of the proceedings pursuant to section 24 (2) is no longer admissible, neither rejected, pushed back or deported (factual deportation protection); § 32 remains unaffected. His stay in the federal territory is tolerated. A right of residence on the basis of other federal laws remains unaffected. Section 36 (4) applies.

(2) A stranger who has submitted an application for international protection and who is not entitled to a right of residence shall be responsible for the duration of the authorisation procedure, but for a maximum of 20 days only in the territory of the district administrative authority in which he is responsible. is going to be tolerated. In addition, his/her stay is tolerated throughout the Federal territory if and as long as this is

1.		is necessary for the fulfilment of legal obligations;
2.		is necessary in order to comply with the charge of courts and administrative authorities; or
3.		is necessary for the use of medical care and treatment.

After the end of the 20. On the day after the application for international protection, the stranger, as long as he has factual deportation protection, is tolerated throughout the entire federal territory.

Right of residence

§ 13. An asylum-seeker whose asylum procedure is admitted is subject to a enforceable decision until such time as the procedure or the withdrawal of the right of residence (Section 62 (1) of the FPG) to stay in the residence permit. Federal territory entitled. A right of residence on the basis of other federal laws remains unaffected. If asylum seekers are deprived of their right of residence pursuant to § 62 FPG, they are entitled to factual deportation protection (§ 12).

Re-entry

§ 14. (1) An asylum-seeker whose appeal against a expulsion associated with a refusing or rejecting decision of the Federal Asylamtes did not have a suspensive effect shall be at the border crossing point under presentation of the appeal decision to allow re-entry when his vocation has been given and he can prove his/her procedural identity. If the asylum procedure has not been decided by a final decision on appeal, its procedure is to be allowed.

(2) An asylum-seeker against which a enforceable but not legally valid expulsion decision is enforced shall be shown to be proof that he is able to serve in the asylum procedure of a service representative and that he/she can be used for the asylum procedure. He/she shall also inform the authority of his/her residence and address abroad and to report any changes as soon as possible (Section 15 (1) (4)). In addition, he is to be informed of the postal address of the Federal Asylamtes and of the independent Federal Council of Ayles. To the extent possible, he shall be able to follow a written information sheet in a language which he/she understands.

(3) A positive comparison with existing recognition service data is sufficient for the detection of the process identity. A recognition service which is necessary for this purpose must be carried out only upon application by the person concerned. The data determined in the course of this treatment shall be deleted after the adjustment has been made.

(4) The decision on the appeal against a refusing or repellent decision of the Federal Asylamte is, if the appeal against the related expulsion did not give rise to a suspensive effect, to the extent possible, at the last of the If the delivery address is located abroad, the delivery shall be deemed to have been effected by the arrival of the decision at this address.

Section 2

Duty of co-action

Participation obligations of asylum seekers in the procedure

§ 15. (1) An asylum-seeker shall participate in the proceedings under this federal law; in particular, he shall:

1.		without any unnecessary delay, to justify its application and to give a truthful explanation of all the evidence required to justify the application for international protection;
2.		in the case of procedural acts and investigations carried out by an expert, to appear in person and in good time, and to participate in such proceedings. Involuntlet interventions in physical integrity are inadmissible;
3.		to participate in the recognition service under this federal law;
4.		the Authority, even after having left Austria, for whatever reason, to announce its location and address and to make changes as soon as possible, during the period of stay in Austria, within seven days, report. For this purpose, it is sufficient for an asylum seeker in Austria to be registered under the Reporting Act 1991-Reporting Act, Federal Law Gazette (BGBl). No 9/1992;
5.		the Authority shall immediately hand over all the documents and objects at its disposal at the beginning of the proceedings, or in so far as they become available or accessible only during the procedure, to the extent that they are relevant to the procedure.

(2) Where an asylum seeker is unable to comply with a duty of compaction pursuant to paragraph 1 for reasons which he is not responsible for, he shall immediately inform the authority at which the proceedings are being conducted at that time. The communication shall be justified.

(3) The indications referred to in paragraph 1 (1) (1) shall include in particular:

1.		the name of the asylum seeker;
2.		all names used so far in procedures, including aliases;
3.		the date of birth;
4.		nationality, in the case of statelessness in the country of origin;
5.		States of the former stay;
6.		the travel route to Austria;
7.		previous asylum applications and previous applications for international protection, including in other countries;
8.		Information on family and social conditions;
9.		Information on the whereabout of documents no longer available;
10.		the reasons which led to the application for international protection, and
11.		Reasons and facts to which the Authority expressly asks, insofar as they are relevant to the procedure.

(4) At the beginning of the proceedings, the asylum seeker shall be informed of his duty of participation and the consequences of any breach of that obligation. In addition, he/she shall, as far as possible, be able to follow a written information sheet in a language which he/she understands.

4. Main piece

Procedural law

Section 1

General procedure

Ability to act

§ 16. (1) The admission of the ability to act under this federal law shall be governed by Austrian law regardless of the nationality of the foreign.

(2) In proceedings under this Federal Act, each parent shall be empowered to represent the child. If the statements of both parents disagree with marital children, the earlier declaration is relevant; an appeal waiver cannot be made against the declared will of a parent. The representation for the illegitimate child is to be found in the case of contradicting statements by the parent's parents, unless the father is entrusted with the care alone. A minor whose interests cannot be exercised by his legal representative shall be entitled to submit applications for international protection.

(3) An oral minor whose interests cannot be exercised by his or her legal representative shall be entitled to submit applications and to contribute. Legal representative for proceedings under this federal law is to apply for international protection (§ 17 para. 2) of the legal advisors at the initial reception post, after approval of the procedure and after assignment to a care center the local youth welfare institution of the federal state in which the minor has been assigned to a child care centre. If the legal adviser contradicts the initial acceptance in the admission procedure of a survey carried out (section 19 (1)) of an oral minor, it is to be repeated in his presence.

(4) The person responsible for the oral proceedings (Section 24 (1)) is not responsible for the proceedings (Section 24 (1)) or if no legal representative can be determined in accordance with the provisions of Section 24 (3), the youth welfare carrier who was the last to be represented by the legal representative is legal. Representatives until paragraph 3 has been appointed again by a legal representative. If only the legal counsellor held the legal representation in the previous procedure, this legal representative remains until the legal representation pursuant to paragraph 3 falls for the first time to a youth welfare carrier.

(5) In the case of an unborn minor whose interests cannot be exercised by his legal representatives, the legal adviser shall be the legal representative from the time of arrival at the initial reception office. Such strangers may only be questioned in the presence of the legal adviser (§ 19 paragraph 1). Furthermore, the provisions of paragraphs 3 and 4 apply.

Process flow

§ 17. (1) A request for international protection is filed if a foreign person in Austria requests protection from prosecution before an organ of the public security service, a security authority or at a first-time reception (§ 59).

(2) The application for international protection is brought in if it is submitted by the stranger in person-also in the context of a performance (§ 43 (2))-at the initial reception point (§ 59).

(3) A request for international protection from a child of an asylum-seeker or stranger born in Austria who is entitled to the status of the person entitled to asylum or to the status of the subsidiary entitled to protection may also apply to an external office of the These applications may also be made in writing and submitted. The family procedure (§ 34) of an underage, unmarried child of a stranger who is entitled to the status of the right of asylum or of the subsidiary entitled to protection or whose proceedings have been admitted and has not yet been legally decided; is admitted with the application of the application.

(4) Once the application for international protection has been introduced, the procedure shall begin with the authorisation procedure.

(5) A stranger seeking international protection from a domestic authority other than that referred to in para. 1 shall notify the local competent security authority or the next body of the public security service.

(6) If the screening is not carried out in accordance with section 45 (1) and (2), the application for international protection shall be deemed to have been submitted after the interview has been carried out and, if necessary, the search and the recognition service shall be deemed to have been submitted; the asylum seeker shall be within three To issue a procedural card. The admission procedure of an asylum-seeker, the performance of which remained under Article 45 (1) (2) (2), can also be carried out by an office of the Federal Office of the Federal Office of asylum; it must be commended within a reasonable period of time. The time limits after the second section shall start with the setting up of a procedural act by the Authority.

(7) A further application for international protection, which is filed in the period of appeal, shall be deemed to be an appeal or a supplement to the appeal against the rejecting or repellant communication of the Federal Asylamtes.

(8) If, during a pending appeal procedure, another application is submitted or submitted for international protection, this application shall be included in the pending appeal proceedings. A written application for international protection issued in this case shall be deemed to be a supplement to the appeal; the Bundesasylamt shall forward this request without delay to the independent Federal Council of Ayls.

(9) The Federal Minister for the Interior must set up a factsheet on the duties and rights to which an asylum seeker has to be subject. This is to be handed over at the latest when the application is submitted at the initial reception point in a language which is understandable to the asylum seeker. This leaflet is available in those languages which are to be assumed to be the asylum seeker. In particular, this leaflet is based on the obligation of the asylum seeker to keep the authorities at the disposal of the authorities for the purposes of a procedure under this Federal Act and to draw attention to the legal consequences of an infringement.

Investigative procedure

§ 18. (1) The Authority shall, at all stages of the Office's proceedings, seek to ensure that the information required for the decision is made or incomplete information on the circumstances claimed in the statement of the reasons for the application is completed; The evidence for this information or the evidence provided is supplemented and any conclusions are given at all, which appear necessary in order to justify the application. If necessary, evidence shall also be annexed by its own motion.

(2) In the context of the assessment of the credibility of the introduction of an asylum seeker, consideration should be given to participation in the procedure.

Surveys and revenue

§ 19. (1) A stranger who has submitted an application for international protection shall be subject to the application of the institution of the public security service after the application or in the admission procedure in the initial reception office. This survey serves in particular to determine the identity and itinerary of the stranger and does not have to refer to the more immediate reasons for escape.

(2) Insofar as this is possible without disproportionate effort, the asylum seeker is to be heard personally by the institution of the Federal Asylamtes appointed for the respective decision. An acceptance in the authorisation procedure may be prevented if the procedure is approved. An asylum-seeker is not in a position to contribute, at least once in the authorisation procedure, to the Bundesasylamt, insofar as he is not in a position to contribute to the determination of the relevant facts on the basis of circumstances situated in his person. where no decision has already been taken in the authorisation procedure on the application, at least once the procedure has been authorised. Section 24 (3) remains unaffected.

(3) An acceptance can be documented using technical equipment for sound recording.

(4) Prior to each contraction, the asylum seeker shall be expressly informed of the consequences of an untrue statement. In the authorisation procedure, the asylum seeker must also point out that his information has increased credibility.

(5) An asylum-seeker may appear before the Authority accompanied by a confidant and a representative; even if a legal counsellor is present, the asylum seeker may be accompanied by a confidant or a representative. Underage asylum seekers may only be heard in the presence of a legal representative.

(6) If an asylum seeker, for whatever reason, is stopped, he shall be presented to the determining authority on the request of the asylum seeker. The holding, in particular a thrust, is not interrupted by the preliminary guidance.

Interventions by victims in sexual self-determination

§ 20. (1) An asylum-seeker greens his fear of persecution (Art. 1 Section A, Z 2 of the Geneva Convention on the Status of Refugees) to intervene in his sexual self-determination, he is to be heard by an organ of the same sex, unless he requires otherwise. The existence of this possibility must be proven to inform the asylum seeker.

(2) The request referred to in paragraph 1 shall be submitted no later than at the time of the appeal for negotiations before the independent Federal Council of Aylsenate. If the asylum seeker concerned wishes to do so, the public in such cases shall be excluded from the trial. It can be shown that it has been made aware of this possibility. In addition, § 67e AVG applies.

Evidence

§ 21. Documents and articles submitted in accordance with Section 15 (1) Z 5 shall be returned to the asylum seeker as soon as possible if they are responsible for the procedure under this Federal Act, in a procedure under a jurisdiction contract no longer needed to examine the application for asylum or the application for international protection or the Dublin Regulation. The safeguarding of other federal laws remains unaffected. The evidence shall, if necessary, be handed over to the competent authority or tribunal. The person concerned must provide information on request and confirm the surrender in accordance with sentence 3.

Decisions

§ 22. (1) Decisions concerning applications for international protection shall be taken in the form of a decision. Modesty has the saying, the right of appeal and-in the last resort-the notice in accordance with § 61a AVG in a language which is understandable to the asylum seeker. If the application is rejected as inadmissible pursuant to § 4, the communication shall be accompanied by a translation of the relevant legislative provisions held in that language. An incorrect translation only justifies the right to be reinstated under the conditions of § 71 AVG.

(2) A communication with which an application for international protection is rejected in accordance with § 4 shall be accompanied by a confirmation, also written in the official language of the safe third country, that the application for international protection is due to the in the safe Third-country protection has not been examined in terms of content and that the appeal against this communication has not been granted a suspensive effect.

(3) Procedures relating to applications for international protection are to be dealt with by the authorities of the first and second authorities as a matter of priority when the asylum seeker is in detention. These cases are to be decided as soon as possible, but at the latest within three months. If the asylum seeker is dismissed during the proceedings, but before the expiry of the respective decision-making period, the proceedings must be brought to an end after the period laid down in Section 73 of the AVG; § 27 shall remain unaffected.

(4) The Authority shall inform the competent Tourism Authority of the enforceability of decisions.

(5) Directive 2001 /55/EC on temporary protection in the event of a mass influx of displaced persons and measures to promote a balanced distribution of the burden associated with the reception of such persons and the consequences of such inclusion shall be , the Fristenlauf of proceedings under this Federal Act shall be inhibited for the duration of temporary protection by the Member States, or by a Regulation pursuant to Section 76 of the NAG.

Deliveries

§ 23. (1) The initial reception office in which the asylum seeker is located or the accommodation in which the asylum seeker is supplied shall be the issuing body for a personal service in accordance with the Federal Act on the service of official documents-ZustG, BGBl. No 200/1982.

(2) Charges in the authorisation procedure are only to the asylum seeker in person and-to the extent that a representation is available in accordance with § 16, or in cases where the legal adviser must be present-to deliver a legal advisor. If the asylum-seeker also has a representative of a certain number, he/she shall be notified as soon as possible by the legal adviser on charges and the status of the proceedings if the asylum seeker wishes to do so.

(3) In the case of deliveries of repatriated or dismissive decisions, which are connected with a enforceable expulsion (§ 10), the asylum seeker shall, at the time of delivery of factual deportation protection (§ 12) or a right of residence after the date of delivery, be of this federal law (§ 13), in any case the asylum seeker is to be designated as a recipient. If delivery is made at a delivery point (§ 2 Z 5 ZustG), it shall be carried out by bodies of the public security service, insofar as it is not carried out by its own bodies of the authority in office. Any necessary deposit shall be made at the next Security Service.

(4) If the asylum seeker has an agent for delivery, in the cases referred to in paragraph 3, he shall also be responsible for the delivery. Periods dependent on delivery shall begin to run only upon delivery to the delivery agent.

(5) Paragraph 2 to 4 shall not apply to applications of asylum seekers who, at the time of the intended service, have a right of residence which is not based on this Federal Act.

(6) If a service is received by the applicant at his age to a legal adviser or youth welfare carrier (§ 16) as a legal representative, it shall also be effective if the asylum seeker is at the time of delivery. is all year round.

Adjustment of the procedure and unjustified removal from the initial reception point

§ 24. (1) An asylum seeker withdraws from the asylum procedure if:

1.		the authority is neither known nor easily detectable by the Authority because of the breach of its duty to act (§ 15), or
2.		he voluntarily leaves the territory of the Federal Republic of Germany, and the proceedings are not to be disregarded as subject-matter (Section 25 (1)).

(2) Asylum procedures shall be set if the asylum seeker has withdrawn from the procedure (paragraph 2). 1) and a decision cannot be made without any further contraction or negotiation. An established procedure shall be continued on its own account as soon as it is possible to establish the relevant facts of the case. With the continuation of the procedure, the decision period shall begin to run in accordance with Section 73 (1) of the AVG. At the end of two years after the end of the procedure, a continuation of the procedure is no longer admissible. If the procedure is to be set before the Federal Asyls Office, the procedure shall be based on § 26.

(3) The decision-relevant facts are established and the asylum seeker has withdrawn from the proceedings (paragraph 1). 1), the fact that the asylum seeker has not yet been heard by the Authority shall not be contrary to a decision.

(4) An asylum-seeker is unjustifiably removed from the first place of reception if, despite being requested to do so, he does not come to the office of the Federal Asylamt in the authorisation procedure and cannot be found in the initial reception. In particular, a hospital stay is not an unjustified removal from the initial reception site.

Non-representability and withdrawal of applications

§ 25. (1) An application for international protection shall be filed as unopposed

1.		in the family procedure, if the stranger is not granted entry after the Bundesasylamtes has been referred to;
2.		if the application is made before an institution of the public security service and the third party entitled to stay in Austria does not personally submit it within fourteen days in person in an initial reception (Section 43 (1));
3.		if the stranger voluntarily travels to the country of origin, with his departure, or
4.		if the application was made in writing, insofar as this was not permitted in accordance with Section 17 (3).

(2) The withdrawal of an application for international protection shall not be possible in the proceedings of the first instance, unless the asylum seeker is legally established in Austria (§ 2 para. 2 NAG). Withdrawal of an application for international protection in second instance proceedings shall be deemed to be a withdrawal of appeal. Affixing to the withdrawal of applications for international protection shall be deemed to be contrary to the legal consequences after the applicant has been informed of the legal consequences if the application does not constitute a withdrawal of the appeal.

Arrest Order

§ 26. (1) The Bundesasylamt can be opposed to a stranger who

1.		has withdrawn from the proceedings (Section 24 (1)), or
2.		has been unjustifiably removed from the initial location (Section 24 (4))
issued a contract of arrest.

(2) The holding of a stranger against whom an arrest order has been issued shall be reported to the Federal Asyls Office without delay. This has to be communicated when and to which first admission or branch office of the Federal Asylamtes of the foreign country is to be presented. The holding on the basis of a contract of arrest may not exceed 72 hours and must be terminated after the necessary procedural steps have been carried out.

(3) A arrest order shall be revoked if:

1.		the procedure has been terminated and the continuation of the proceedings is no longer admissible (Article 24 (2));
2.		the asylum seeker is aware of his/her residence from his own authority and is not to be accepted on the basis of certain facts, he will be withdrawn from the proceedings; or
3.		the asylum seeker is relocated in the admission procedure in his/her own first place of reception and is not to be accepted on the basis of certain facts, he will remove himself from this once again unjustifiably.

(4) The Federal Asylate Office shall announce the release and revocation of an arrest order to the security authorities.

Initiation of expulsion proceedings

§ 27. (1) An expulsion procedure under this Federal Act shall be deemed to have been initiated if:

1.		the authorisation procedure shall be notified in accordance with Article 29 (3) (4) or (5), and
2.		the proceedings before the independent Bundesasylsenate (Section 24 (2)) was to be dismissed (Section 24 (2)) and the decision of the Federal Asylamtes in this procedure was accompanied by an expulsion (§ 10).

(2) In addition, the Authority shall initiate an expulsion procedure if the investigations carried out to date justify the adoption of the application for international protection both in respect of the granting of the status of the asylum seeker and of the subsidiary entitled to be rejected or rejected, and if there is a particular public interest in the expedited implementation of a procedure. The initiation of the expulsion procedure must be documented with a reference to the file.

(3) A particular public interest in the accelerated implementation of the procedure shall be, in particular, a stranger,

1.		who has been convicted of a court offence which has been committed and deliberately committed by the courts;
2.		an act which falls within the jurisdiction of the Court of Justice of the Court of Justice and which can only be committed intentionally, has been charged by the Public Prosecutor's Office, or
3.		which has been entered in the act of committing a crime (§ 17 StGB) in the act of a fresh act.

(4) An expulsion procedure as referred to in paragraph 1 (1) (1) shall be adjusted if the procedure is approved. An expulsion procedure established in accordance with paragraph 1 (1) (2) shall be established if the investigation before it justifies the assumption that the application for international protection does not apply in respect of the granting of the status of Persons entitled to asylum are still the status of the subsidiary entitled to be rejected or rejected, or if the asylum seeker is aware of his/her residence from the independent Federal Council of Germany and not on the basis of certain facts is to be assumed that he will withdraw from the proceedings.

(5) An expulsion procedure initiated by the Authority in accordance with paragraph 2 shall cease if the conditions for initiation are no longer available.

(6) The cessation of an expulsion procedure shall not preclude a subsequent reintroduction.

(7) The initiation and termination of an expulsion procedure shall be notified to the competent authority of the tourist police.

(8) A procedure in which an expulsion procedure has been initiated shall be adopted as soon as possible, but at the latest within three months of the initiation of the expulsion procedure or after an appeal has been taken, the suspensive effect of which shall be: decision.

Section 2

Special provisions for the authorisation procedure

Authorisation procedure

§ 28. (1) If the application is not likely to be rejected, the procedure shall be allowed in so far as the procedure is not decided on the content of the authorisation. Admission is made by following a residence authorisation card (§ 51); there is no need for a person to be granted a licence. The authorisation shall not preclude a subsequent rejecting decision.

(2) If, within 20 days of the application for international protection, the Bundesasylamt does not decide that the application is to be rejected, the application shall be open to the application unless consultations are held under the Dublin Regulation or of a contract of jurisdiction for the examination of an application for asylum or an application for international protection. Such consultations shall be communicated to the asylum seeker within the 20-day period. In this case, the 20-day deadline does not apply. Moreover, this does not apply if the asylum seeker does not participate in the proceedings, becomes unopposed or if he or she is not able to take part in the proceedings. If the asylum seeker is not in a position to participate in the proceedings for reasons situated in his/her person, the course of the period shall be inhibited in accordance with the first sentence.

(3) A decision to take place or dismiss the application in the authorisation procedure replaces the authorisation decision (paragraph 1). 1). If the application is dismissed in the authorisation procedure, this application shall be deemed to have been accepted if or as soon as the appeal against this decision has suspensive effect.

(4) A medical examination shall be made possible for the asylum seeker at the initial reception centre.

Procedure in the initial reception

§ 29. (1) Admission procedures must be started with the introduction of applications for international protection and must be carried out in a first reception office of the Federal Asylamate, unless otherwise provided by this Federal Act. Section 17 (3) and (6) shall apply. Immediately after the application of the application, the asylum seeker shall be provided with a guidance information and an initial information on the asylum procedure in a language which he/she can understand.

(2) After the application for international protection has been submitted within 48 hours, however, after 72 hours, a survey of the asylum seeker by bodies of the public security service (§ 19 (1)) must be carried out, in so far as such a survey is carried out in the has not already been carried out within the framework of the show. Saturdays, Sundays and public holidays inhibit the period in accordance with the first sentence.

(3) After the necessary investigation has been carried out, the Authority shall have access to the investigation procedure, depending on the state

1.		to follow the asylum seeker with a residence authorisation card (§ 51);
2.		the application for international protection by granting the status of an asylum seeker (§ 3);
3.		to inform the asylum seeker with a procedural arrangement (Section 63 (2) of the AVG) that he intends to grant his application for international protection by granting the status of the subsidiary entitled to protection (Section 8 (1)) and regarding the status of the applicant to dismiss persons entitled to asylum;
4.		to inform the asylum seeker with a procedural arrangement (§ 63 paragraph 2 AVG) that it is intended to reject his application for international protection (§ § 4, 5 and § 68 (1) AVG) or
5.		to inform the asylum seeker with a procedural arrangement (Section 63 (2) of the AVG) that he intends to dismiss his application for international protection.

(4) In the case of notifications pursuant to paragraph 3 (3) (3) to (5), the Authority shall refer the asylum seeker to a legal adviser. The asylum seeker shall be given a copy of the file and shall be given a period of time not to be set for 24 hours. The asylum seeker and the legal counsellor shall be invited to accept the party's hearing after the expiry of that period. In this period, legal advice (§ § 64, 65) has to be made; the legal adviser is immediately required to make a copy of the file, insofar as it is not excluded from the inspection of the file (Section 17 (3) of the AVG) (Section 57 (1) (3)). If the asylum seeker is supplied in the first place of reception, the legal advice has to be held in the first place of reception. If the asylum seeker is stopped, legal advice can also be carried out in the detention centres.

(5) In the event of the acceptance of the maintenance of the party's hearing, the legal advisor shall be present. At the beginning of this entry, the asylum seeker shall be required to have the previous result of the receipt. The asylum seeker shall have the opportunity to present or present further facts and evidence.

Victims of violence

§ 30. Where, in the authorisation procedure, it is highly likely that the asylum-seeker will suffer from torture or an equivalent event in a stress-dependent disease-related mental disorder, the

1.		prevents him from exercising his or her interests in the proceedings; or
2.		for him the danger of a permanent damage or of late consequences
shall not be notified in accordance with Section 29 (3) Z 5. The application shall not be dismissed in the authorisation procedure. In the further course of the procedure, consideration should be given to the particular needs of the asylum seeker. Section 10 (3) applies.

Section 3

Special provisions relating to airport procedures

Arrival via an airport and show

§ 31. (1) A stranger who, after arriving via an airport (§ 1 Z 1 Flughafen-Bodenabferfying gesetz-FBG, BGBl. I n ° 97/1998), where an initial reception office is set up at the airport, is subject to an application for international protection, this initial reception office shall be submitted to the extent that the Federal Asylate Office does not enter into force on the basis of the information available. permitted. In the case of airport procedures, the provisions of the second paragraph shall apply to the extent that this section does not provide otherwise. If entry is permitted, this stranger is to be presented to an initial reception point in the country; the provisions of this section shall not apply to the further procedure.

(2) Entry shall be permitted if, on the basis of the state of the investigative procedure, refoulement or dismissal in the airport procedure is not or no longer probable.

(3) If a foreigner has a request for international protection during the deportation via an airport on which a first reception point is set up at the airport, he shall be presented to the first reception point at the airport. The provisions of this section shall apply to it.

Backup of rejection

§ 32. (1) A stranger who has been presented to an initial reception point at the airport can, if and as long as the entry is not permitted, be allowed to behave in order to secure a refusal at a certain place in the border control area. or in the area of that initial reception area (backup of the refusal); it may leave at any time.

(2) The intended decision of the first instance shall be communicated to the United Nations High Commissioner for Refugees within one week of the day of the preliminary ruling. If the application is to be rejected due to the lack of jurisdiction of Austria under the Dublin Regulation or a contract concerning jurisdiction to examine the application for asylum or an application for international protection, the application shall be submitted within one week. This shall be notified to the asylum seeker.

(3) In addition, the backup of the rejection can be maintained

1.		until the end of the day on which the consent or rejection of the United Nations High Commissioner for Refugees (§ 63) has entered into force;
2.		until the end of the appeal period, or
3.		for the duration of the appeal procedure.

(4) The protection of the refoulement must be terminated when the Federal Asylate Office informs the applicant that the asylum seeker is to be allowed to enter. It is only necessary to ensure that this is necessary, at least not for more than six weeks, to ensure that this is strictly necessary.

Special procedural rules for airport procedures

§ 33. (1) In the first place of reception at the airport, the rejection of an application shall be admissible only if there is no substantiated indication that the asylum seeker would be entitled to the status of the applicant for asylum or of the subsidiary entitled to protection, and

1.		the asylum seeker has tried to deceive the asylum authority over his/her true identity, nationality or authenticity of his documents, despite the fact that he has been given the consequences;
2.		the asylum seeker's claim to his threat situation does not appear to correspond to the facts;
3.		the asylum seeker has not claimed any persecution in the country of origin, or
4.		the asylum seeker comes from a safe country of origin (§ 39).

(2) The expulsion of an application for international protection pursuant to paragraph 1 and a rejection of the application for existing protection in a safe third country (§ 4) may only be made by the Federal Asylate Office with the consent of the High Commissioner of the United Nations Nations for refugees. In the airport procedure, an acceptance is sufficient.

(3) The period of appeal against a decision of the Federal Asylamtes in the airport procedure shall be seven days.

(4) The independent Bundesasylsenat has to decide within two weeks from the date of submission of the appeal in the airport proceedings. A trial in the appointment procedure is to be carried out at the initial reception point at the airport. The asylum seeker concerned shall be informed that it is a hearing of the Appellate Authority.

(5) In the case of airport procedures, expulsion shall not be cancelled. The rejection shall not be enforced until the right of the decision which has been completely rejected or rejected.

Section 4

Special provisions for the family procedure

Domestic family procedures

§ 34. (1) Presents a family member (§ 2 Z 22) of

1.		a stranger to whom the status of the person entitled to asylum has been granted;
2.		a stranger who has been granted the status of subsidiary protections (§ 8), or
3.		an asylum seeker
a request for international protection shall be deemed to be a request for the granting of the same protection.

(2) The Authority shall, on the basis of an application by a family member of a stranger who has been granted the status of the person entitled to asylum, be granted the status of an asylum seeker to the family member, if the continuation of a existing family life within the meaning of Article 8 of the ECHR with the family member in another State is not possible.

(3) The Authority has the status of a subsidiary entitled to protection on the basis of an application by a member of the family of a foreigner who has been granted the status of the subsidiary entitled to protection in the territory of the Federal Republic of Germany. , unless,

1.		that the continuation of an existing family life within the meaning of Article 8 of the ECHR is possible with the family in another Member State, or
2.		the asylum seeker is to be granted the status of the asylum seeker.

(4) The Authority shall examine separately applications from family members of an asylum seeker; the procedures shall be under one, and all members of the family shall be given the same protection. Either the status of the right of asylum or of subsidiary protection is to be recognised, with the granting of the status of the person entitled to asylum being granted, unless all applications are to be rejected or dismissed as inadmissible. Each asylum seeker shall receive a separate communication.

Applications for family proceedings in the case of professional representative bodies

§ 35. (1) The family member of a stranger who has been granted the status of the person entitled to asylum or of the subsidiary entitled to protection and who is abroad has a request pursuant to section 34 (1) of the German Embassy in the case of the consular duties the Austrian professional representative office abroad (the professional representative office). This application shall also be deemed to be a request for the granting of an entry title.

(2) If the family member of a stranger who has been granted the status of the subsidiary entitled to protection abroad is abroad, the family member shall be entitled to the status of the foreign person who is entitled to the status of a temporary residence permit after the first renewal of the temporary residence permit. the subsidiary protection entitled to grant entry, unless it is reasonable to assume, on the basis of certain facts, that the conditions for granting the status of subsidiary protection no longer have no effect on the or that they will not be available in three months. In addition, paragraph 4 shall apply.

(3) If an application is submitted in accordance with paragraph 1 and paragraph 2, the professional representative authority shall ensure that the foreign person fills out a request and survey form in a language which he/she understands; design and text of this form. the Federal Minister of the Interior shall, in agreement with the Federal Minister for Foreign Affairs and after consulting the United Nations High Commissioner for Refugees (§ 63), determine that the filling of the form of the declaration shall be completed by: of the relevant facts. In addition, the professional representative office has to make the content of the documents submitted to it to be informed. The application in the family procedure is to be forwarded immediately to the Federal Asylate Office.

(4) The professional representative office shall not be required to issue a visa to the foreign person pursuant to paragraph 1 or 2 without further notice if the Federal Asylce Office has notified that the granting of the status of the asylum holder or of the subsidiary entitled to protection is granted is likely. The Federal Asyls Office may only issue such a notice if the Federal Ministry of the Interior has informed the Federal Ministry of the Interior that entry to the public interest does not contradicts the public interest under Article 8 (2) of the ECHR. Furthermore, the professional agency has to inform the stranger that the application is not deemed to have been filed until after a personal position in the initial reception position (Section 17 (2)).

Section 5

Vocations

Effect of vocations

§ 36. (1) A suspensive effect shall not apply to an appeal against a decision to reject an application. An appeal against an expulsion associated with such a decision shall only be effective if it is granted by the independent federal asylum council.

(2) The appeal against other decisions and the related expulsion shall be the suspensive effect if it is not dismissed.

(3) If the family member concerned is also subject only to a recalling or repellable decision in the family proceedings, it shall also be deemed to be an appeal against the members of the family (§ 2 Z 22). Decisions; none of these decisions is then available to the legal force. All appeals against decisions in the family proceedings shall have a suspensive effect as soon as at least one appointment has a suspensive effect in the same family procedure.

(4) If an appeal against expulsion does not increase the suspensive effect, the expulsion shall be enforceable. By carrying out the deportation or repatriation of such expulsion or deportation, until the end of the period of appeal, an appeal will be taken until the end of the seventh day from the date of submission of the appeal. The Federal Asylsenate shall inform the Federal Asylsenate without delay of the receipt of the appeal and of the granting of the suspensive effect.

(5) If an appeal is taken against a enforceable decision or if such an appeal is granted to such a suspensive effect, the Authority shall inform the competent authority of the competent authority.

Recognition of the suspenseable effect of an appeal

§ 37. (1) In the event of an appeal against a expulsion order related to an application for international protection, the independent Bundesasylsenate shall have the suspensive effect within seven days from the date of appeal. , if it is to be assumed that a refusal, repatriation or deportation of the stranger to the State in which the expulsion is made is a real risk of a breach of Article 2 of the ECHR, Article 3 of the ECHR or Protocols No 6 or No 13 to the convention, or for him as a civil person, a serious threat to the It would bring about life or integrity as a result of indiscriminate violence in the context of an international or national conflict.

(2) In deciding whether an appeal against an expulsion, which is connected to a decision pursuant to § 5, the suspensive effect is granted, is also subject to the Community principles of Art. 19 (2) and (20) (1) (lit). e Dublin Regulation and the need for effective implementation of Community law.

(3) The independent Bundesasylsenat has to decide within two weeks on an appeal against a refusing decision pursuant to paragraph 1 which has been granted in respect of the expulsion.

(4) An expiry of the period referred to in paragraph 1 shall not preclude the granting of the suspenseable effect.

Dismise of the suspenseable effect of an appeal

§ 38. (1) An appeal against a dismissive decision on a request for international protection and related expulsion may dismiss the suspensive effect of the Federal Asyls Office if:

1.		the asylum seeker comes from a safe country of origin (§ 39);
2.		the asylum seeker has already been in Austria for at least three months before the date of application, unless he does not apply for international protection within three months on the basis of special circumstances which he does not consider to be representative of. was able to enter the country. Significant, tracking-related changes in circumstances in the country of origin are to be taken into account;
3.		the asylum seeker has tried to deceive the asylum authority over his/her true identity, nationality or authenticity of his documents, despite the fact that he has been given the consequences;
4.		the asylum seeker has not put forward the reasons for persecution;
5.		the asylum seeker's claim to his threat situation does not appear to correspond to the facts, or
6.		A enforceable expulsion and a enforceable ban on residence have been issued against the asylum seeker before the application for international protection has been lodged.

(2) The independent Bundesasylsenat shall, within seven days from the date of appeal, be informed of the suspensive effect of the appeal, which has been recognized by the Federal Asylate Office, if it is to be assumed that a Rejection, repatriation or deportation of the foreigner to his State of origin would constitute a real risk of a breach of Article 2 of the ECHR, Article 3 of the ECHR or Protocols No 6 or No 13 to the Convention, or to him as a civil person serious threat to life or integrity as a result of indiscriminate violence within the framework of a international or domestic conflict.

(3) An expiry of the period referred to in paragraph 2 shall not preclude the granting of the suspenseding effect.

Safe countries of origin

§ 39. (1) Safe countries of origin within the meaning of § 38 (1) (1) (1)

1.		Belgium;
2.		Denmark;
3.		Germany;
4.		Estonia;
5.		Finland;
6.		France;
7.		Greece;
8.		Ireland;
9.		Italy;
10.		Latvia;
11.		Lithuania;
12.		Luxembourg;
13.		Malta;
14.		the Netherlands;
15.		Poland;
16.		Portugal;
17.		Sweden;
18.		Slovakia;
19.		Slovenia;
20.		Spain;
21.		the Czech Republic;
22.		Hungary;
23.		the United Kingdom and
24.		Cyprus.

(2) Where a reasoned proposal by one third of the Member States, the European Parliament or the Commission by the Council, by a majority of four-fifths of its members, finds that there is a clear risk of a serious Breach of the principles set out in Article 6 (1) of the EU Treaty by a Member State (Art. 7 (1) of the EU Treaty), appeals against decisions concerning applications for asylum seekers from that country of origin shall not be discernable from the suspensive effect.

(3) If, after a procedure has been initiated under Article 7 (1) of the EU Treaty, it comes to no conclusion under Article 7 (2) of the EU Treaty or any measures imposed in this connection (Art. 7 (3) of the EU Treaty) (Art. 7 (4) of the EU Treaty), appeals against applications of asylum seekers from that country of origin may be re-identified.

(4) Other safe countries of origin are:

1.		Australia;
2.		Iceland;
3.		Canada;
4.		Liechtenstein;
5.		New Zealand;
6.		Norway;
7.		Switzerland;
8.		Bulgaria and
9.		Romania.

(5) The Federal Government is empowered to establish by Regulation that:

1.		The appointment of asylum seekers who come from a State of origin referred to in paragraph 4 shall no longer be able to disregard the suspensive effect, and
2.		states other than those referred to in paragraph 4 shall be considered as safe countries of origin.
The main focus is on the existence or absence of state persecution, protection against private prosecution and legal protection against the violations of human rights suffered.

6.

Special provisions relating to the procedure in second instance

Bringing forward in the appeal

§ 40. (1) New facts and evidence may only be brought forward in an appeal against a decision of the Federal Office of the European Asylum,

1.		if the facts to which the decision was based have substantially changed after the decision of the first instance;
2.		if the procedure of first instance was defective;
3.		if they were not accessible to the asylum seeker by the time of the decision of the first instance, or
4.		if the asylum seeker was not in a position to bring them forward.

(2) It is not necessary to decide on the admissibility of the introduction of new facts and evidence if they are not relevant for the decision of the independent federal asylum council.

Procedure in second instance

§ 41. (1) The Bundesasylamt is to be charged with negotiations before the independent federal asylum council, which has the right to submit applications and questions.

(2) The independent Bundesasylsenat shall, in respect of appeals against decisions which have been refused an application in the admissions procedure, recognise within eight weeks, in so far as the appeal against the expulsion related to the decision is not being granted suspensive effect.

(3) § 66 (2) of the AVG shall not be applied in a proceeding concerning an appeal against a refusing decision and the expulsion associated with it. If the appeal against the decision of the Federal Asylamts is to be held in the admission procedure, the procedure is allowed. The appeal against the decision in the authorisation procedure is also to be held if the facts in question are so deficient that the conduct or repetition of an oral hearing seems inevitable.

(4) On the recognition of the suspenseable effect of an appeal which it is not entitled to by law (§ 37) or which has been recognized by the Federal Asyls Office (§ 38), and on appeals against refusing decisions in the admission procedure the independent Bundesasylsenat may decide without holding an oral hearing. In other procedures § 67d AVG applies.

(5) In proceedings against a decision in the airport procedure, the independent Bundesasylsenate has to make a substantive decision, if the facts have been sufficiently established.

(6) If a legal remedy is taken against an expulsion and if the stranger no longer finds himself in the territory of the Federal Republic at the time of the release of the appeal decision, the independent Bundesasylsenat only has to determine whether the Expulsion at the time of the release was lawful. If the expulsion was not lawful, it would be possible to re-enter the country under one.

Guidance decisions

§ 42. (1) The Member responsible for the decision may submit the case to the competent major Senate for a decision if it considers that the question to be resolved is of fundamental importance and in a large number of pending or in in the near future. The independent Bundesasylsenat may decide, in other similar proceedings, without holding an oral hearing, if the central decision claries the questions that are relevant to the decision.

(2) Guideline decisions shall be published in an anonymized form. The publication refers to the findings of the courts of public law, which are later to be referred to as the lead decision.

5. Main piece

Participation of the institutions of the Public Security Service

The application for international protection shall be made by a security authority or by public security bodies

§ 43. (1) If a foreigner who is entitled to stay in Austria has a request for international protection from a security authority or an organ of the public security service, he shall be requested to submit this request within fourteen days in an initial reception position. The Bundesasylamt is to be informed of the status of the application by means of a written notification.

(2) If a foreigner who is not entitled to stay in Austria has a request for international protection from a security authority or an institution of the public security service, he shall be appointed by the public authorities To provide security services to secure the expulsion of the first reception point. Similarly, a stranger who has filed a request for international protection in accordance with paragraph 1 and who, before the application and non-objection (§ 25 (1)) of the application for international protection, is entered after the expiry of his right of residence, the The first receiving point is to be shown.

Questioning, search and recognition service

§ 44. (1) The institutions of the public security service shall have a stranger,

1.		that is to be presented to the initial reception office;
2.		whose performance under Section 45 (1) and (2) does not apply, or
3.		that has submitted an application for international protection and has not yet been subjected to any questioning in this procedure,
an initial survey (section 19 (1)).

(2) The clothes and entrained containers of a stranger,

1.		that is to be presented to the initial reception office;
2.		whose performance under Section 45 (1) and (2) does not apply, or
3.		that introduces an application for international protection,
, to the extent that it cannot be excluded that the foreign objects and documents which may give information about his identity, his nationality, his travel path or his reasons for escape shall be carried out and that such documents shall also be searched shall not be presented at the request.

(3) In addition, the institutions of the Public Security Service are empowered to search the clothes and carried containers of an asylum-seeker, if, on the basis of certain facts, it is to be assumed, in connection with an acceptance, that: the asylum seeker carries out documents and objects which he/she is obliged to publish in accordance with § 15 (1) (5) (5) (5), and which he/she does not voluntarily give out.

(4) In the case of a search or voluntary publication as referred to in paragraph 2 or 3, all documents and articles which can provide information on the identity, nationality, travel path or the reasons for the flight of the stranger are to be ensured. The guarantee shall be confirmed in writing to the asylum seeker. The documents and items secured shall be handed over to the first office at the same time as the stranger's performance. If the performance is not carried out (Section 45 (1) and (2)), documents and items that have been secured are to be transmitted to the Federal Office of the Federal Office as soon as possible.

(5) A stranger, who is the 14. has been completed and has been completed

1.		that is to be presented to the initial reception office;
2.		whose performance under Section 45 (1) and (2) does not apply, or
3.		who has submitted an application for international protection,
shall be treated as a recognition service where it has not already been carried out.

(6) The powers of paragraphs 2 to 5 shall also be conferred by authorized bodies of the Federal Asylamate (Section 58 (7)). 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.

Implementation of the performance

§ 45. (1) Prior to the performance of the performance, this is to be announced to the Federal Asylate Office. This may have the lead to be lost if:

1.		the asylum-seeker in question is halted in detention or detention or in custody, or
2.		is not possible due to special, unforeseeable circumstances the supply in the initial reception area.

(2) The performance shall be subject to further failure if, on the basis of the result of the questioning, search and recognition service, it is to be assumed that the request of the foreigner is due to Austria's lack of competence (§ § 4 f) Will be rejected and the foreign police authority will be presented.

(3) At the latest, at the same time as the presentation (section 43 (2)), the leading bodies of the public security service shall have the minutes of the interview as well as a report from which the time, place and circumstances of the application have been submitted. as well as information on the nationality and route of travel, in particular the place of crossing the border, shall be transmitted.

(4) The performance (par. 1 and 2), the minutes of the survey and the report referred to in paragraph 3 shall be transmitted as soon as possible to the Bundesasylamt.

Performance after referral to the Tourism Authority

§ 46. If a demonstration to the Bundesasylamt is not required pursuant to Section 45 (2), the organs of the Public Security Service have the stranger who has filed a request for international protection to the Federal Asyls Office to secure the expulsion , if detention is not imposed.

Interventions in the right to personal freedom

§ 47. (1) The bodies of the public security service are empowered to arrest a stranger who has submitted an application for international protection for the purposes of the performance of the asylum authorities, if:

1.		this foreign country is not entitled to stay in the federal territory, or
2.		has been issued against such a stranger by a contract of arrest (§ 26).

(2) An arrest pursuant to paragraph 1 (1) (1) may only be maintained for as long as this is necessary; it shall not exceed 48 hours, in any event.

(3) The bodies of the Public Security Service are empowered to prevent asylum-seekers who are not entitled to stay in the territory of the Federal Republic of Germany from leaving the first place of reception until such time as this is permissible, to the extent that this is valid. have been treated and searched (§ 44).

(4) During the admissibility of securing the refusal of the airport procedure, the institutions of the Public Security Service are empowered to prevent a rejected asylum seeker from entering the territory of the Federal Republic of Germany, unless he does not is permitted.

Acceptance of cards

§ 48. The organs of the Public Security Service and the security authorities (§ 4 of the Federal Law on the Organization of Security Administration and the Exercistion of Security Police-SPG, BGBl. (No 566/1991) are authorised to remove any person from the cards under this Federal Act if:

1.		the cards have been withdrawn (Section 53 (1));
2.		which are to be returned (Section 53 (2)), or
3.		of persons for which the cards have not been issued shall be held unless they are legal representatives of minors.
Taken cards are to be submitted to the Federal Asylate Office.

Exercise of direct force

§ 49. (1) In order to enforce the powers provided for in this body, the bodies of the public security service are authorized to exercise direct force; the bodies of the public security service shall exercise the exercise of the exercise of the powers of the public security service. to threaten and announce the direct force of force.

(2) In order to enforce an authority pursuant to Section 44 (6), it would be necessary to overcome a resistance of the person concerned, the authorized bodies of the Federal Asylamtes shall have an institution of the public security service in order to take account of the act of acting. Request.

6. Main piece

Cards for asylum seekers and subsidiary beneficiaries

Process Card

§ 50. (1) An asylum-seeker shall be issued a procedural card at the initial reception point. This entitles the holder to stay in the first place of reception and to participate in the supply in the first place of reception in accordance with the provisions of the Federal Law, with which the basic supply of asylum seekers in the admission procedure and certain other foreign persons -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.

(2) The detailed organisation of the procedural card shall be laid down by the Federal Minister for the Interior by Regulation. The procedure card shall contain in particular: The name "Republic of Austria" and "Procedure card", name, gender and date of birth, as well as a photograph of the asylum seeker.

Residence authorization card

§ 51. (1) A residence authorisation card shall be issued to an asylum seeker whose proceedings are to be admitted. The card is valid up to a enforceable decision, for the cessation or non-validity of the procedure.

(2) The residence authorisation card shall be used to prove the identity of proceedings under this Federal Law and the legality of the stay in the Federal Republic. Upon termination of the procedure or in the event of withdrawal of the right of residence, the residence authorisation card shall be returned to the Federal Asylate Office by the foreigner.

(3) The detailed design of the residence authorisation card shall be regulated by the Federal Minister for the Interior by Regulation. The residence authorisation card shall contain in particular: the name "Republic of Austria" and "residence authorisation card", name, sex, date of birth, nationality, photograph and signature of the asylum seeker, and name the authority, date of issue and signature of the gene consignor.

Card for subsidiary protection

§ 52. (1) A card for subsidiary beneficiaries must be issued to a stranger who has been granted the status of subsidiary protection. This card serves to prove the identity and the legality of the stay in the Federal Republic of Germany. The card shall be returned to the Federal Asylate Office after the status of subsidiary protection has been withdrawn.

(2) The detailed design of the card for subsidiary beneficiaries has to be regulated by the Federal Minister of the Interior by Regulation. The card for subsidiary protection persons shall contain in particular: the name "Republic of Austria" and "Card for subsidiary protection", name, gender, date of birth, nationality, photograph and signature of the subsidiary Persons entitled to protection as well as the name of the authority, date of issue and signature of the gene consignor.

Withdrawal of cards

§ 53. (1) The Bundesasylamt has to withdraw cards under this federal law if:

1.		the period of validity of which has expired;
2.		the circumstances confirmed by the card do not correspond or no longer correspond to the facts;
3.		the photograph on the card no longer leaves the holder unquestionable, or
4.		other official entries on the card have become unreadable.
An appeal is not admissible against the withdrawal.

(2) In accordance with this Federal Act, asylum seekers have to defer to the Federal Asyls Office if they have been withdrawn or if circumstances exist which would justify a withdrawal.

7. Main piece

Use of personal data

General

§ 54. (1) The asylum authorities may use personal data only in so far as this is necessary for the performance of the tasks assigned to them.

(2) The asylum authorities may only process personal data of third parties and the social security number if their eligibility is not provided for from the total amount of stored data.

(3) Data determined in accordance with this Federal Act shall be physically deleted;

1.		as soon as the authority becomes aware that the person concerned has obtained the nationality of a Member State of the European Union;
2.		10 years after a final decision of the procedure or withdrawal, cessation or unlawfulness of an application for international protection, an application for asylum or asylum, or
3.		if the authority becomes aware of the death of the person concerned and has since passed five years.

Using discovery service data

§ 55. (1) The Federal Asylate Office is authorized to take part in the 14-year old age. have been completed and

1.		who submit an application for international protection, or
2.		which are to be granted the status of the asylum seeker in accordance with Section 3 (4)
to be treated in recognition of their recognition.

(2) Recognition service data shall be deleted from its own account in accordance with section 54 (3).

(3) § § 64 and 65 (4), 5 1. Sentence, 6 and Section 73 (7) of the SPG apply. A person's determination can be made.

(4) The recognition service and the determination of persons may also be carried out by bodies of the public security service. In this case, they are going to work for the Federal Asyls Office.

(5) A stranger who has to undergo a recognition service to the Federal Asylamt is to be called upon to do so. He is to be informed about the reason for the recognition service. He is to be followed by a written information sheet on this. In principle, it should be considered that this should be understood in a language which is understandable to him. The person concerned must take part in the recognition service.

(6) If the person concerned does not comply with the request, the institutions of the Public Security Service are empowered to present the person concerned to the Authority for the purpose of carrying out the recognition service. The holding for this purpose is only permitted as long as a successful implementation of the recognition service under consideration of § 78 of the SPG does not appear hopeless.

Central Process File; Information Network

§ 56. (1) The asylum authorities are empowered to jointly process and use the procedural data they have identified, such as procedural information on applications, decisions and appeals. The Federal Minister of the Interior is practising the function of the operator in accordance with § 50 of the German Federal Law on the Protection of Personal Data-DSG 2000, BGBl. I n ° 165/1999 as well as the service provider within the meaning of § 4 (5) of the German Data Protection Act (DSG 2000).

(2) The asylum authorities shall be empowered to identify procedural data processed by the authorities of the police and the authorities of the establishment and residence where this is strictly necessary in order to carry out their duties.

(3) Queries from the central processing file are only permitted insofar as this is necessary for the concern of a task assigned under this Federal Act and the foreign is at least according to the name, a number assigned to it or a Papillary line pressure is determined.

(4) § 54 (3) applies to data processed in the central processing file.

Special transfers

§ 57. (1) The data processed in accordance with § 102 (1) FPG and § 56 may be transmitted to the following recipients, insofar as they require them to perform the tasks assigned to them:

1.		the security authorities (§ 4 SPG);
2.		The Office of the United Nations High Commissioner for Refugees in Austria;
3.		the legal advisers at the initial reception;
4.		the Contracting Parties to an agreement to determine the State responsible for examining an application for asylum or an application for international protection, or the authorities of the States to which the Dublin Regulation applies;
5.		the foreign authorities responsible for the enforcement of the Geneva Convention, if the identification of the identity and the granting of asylum are not possible without transmission to those authorities, and it is ensured that such data are not the authorities of that State in which the asylum seeker or the refugee claims to have to fear persecution and
6.		the youth welfare authorities.

(2) The data processed in accordance with § 102 (1) Z 1 to 11 FPG and in accordance with § 56 may be transmitted to the following recipients, in so far as they require them to perform the tasks assigned to them:

1.		Federal and State bodies carrying out tasks for the fulfilment of the basic supply agreement;
2.		the Labour Market Service and the local authorities responsible for the provision of care and integration assistance;
3.		the District Health Insurance Fund and the Main Association of Austrian Social Security Institutions;
4.		the independent administrative data;
5.		civil and criminal courts and
6.		the Federal Ministry of Foreign Affairs.

(3) From the data processed in accordance with § 102 (1) FPG may

1.		Z 1 to 9 to the civil status authorities;
2.		Z 1 to 9 and 11 to the civic authorities;
3.		Z 1 to 9 and 11 to the reporting authorities
in so far as they require them to carry out the tasks assigned to them.

(4) The security authorities have to submit to the Federal Asylamt the recognition service data of strangers prepared with them, of which the Federal Asylate Office in the framework of a recognition service treatment according to § 55 different data of the same species.

(5) The civil status authorities shall notify the Federal Asyls Office of requests for the contending of asylum seekers and foreign persons who have been granted the status of an asylum seeker or of a subsidiary entitled to be protected. The citizenship authorities have to inform the Federal Asylate Office of the granting of citizenship to an asylum seeker and to a stranger who has been granted the status of an asylum-seeker or a subsidiary entitled to be protected.

(6) A communication pursuant to Section 105 (2) of the FPG has to be sent to the Federal Council of Independent States (Bundesasylamt) to the independent Bundesasylsenat, in so far as the proceedings are pending in the second instance. The security authorities have the Bundesasylamt and-as far as an appeal proceedings are pending-the independent Bundesasylsenat the suspicion of committing a criminal act by asylum seekers under the communication of the essential circumstances .

(7) The professional representative authorities (Article 35 (1)) have to inform the Federal Asyls Office of all official acts relating to persons who are aware of proceedings pending in Austria concerning an application for international protection.

(8) In the case of a query in the central register register opened by the asylum authority in accordance with the reporting act, the eligibility of the total quantity of all data processed in the central register register can be provided in addition to the name also according to the address of the residence.

(9) In so far as the Federal Government is authorised to conclude state contracts in accordance with Article 66 (2) B-VG, it may, on condition that reciprocity is granted and a level of data protection comparable with Austria, be provided, conclude inter-State agreements on the transmission of data referred to in paragraph 1, which are required for the purposes of paragraph 1. In this connection, the transmission of such data to the Federal Minister for Home Affairs must be withheld and provision should be made for the deletion of transmitted data under the same substantive conditions as in Germany and for the nationals of the Contracting States to be subject to the same conditions as the are excluded from the scope of these agreements.

(10) The transfer of personal data of an asylum seeker to the country of origin is not permitted, without prejudice to paragraph 11. However, data necessary to obtain the necessary permits for entry may be transmitted if the application has been rejected or rejected, albeit not legally, and the identity of the asylum seeker is not is clear.

(11) The transfer of personal data to the State of origin for purposes of security police and criminal justice shall, however, be permitted where:

1.		which is a safe country of origin (§ 39);
2.		if the conditions of § 27 (3) Z 2 or 3 have been fulfilled, an expulsion procedure has been initiated, or
3.		in the first instance-although not legally binding-the application for international protection has been rejected, or both with regard to the granting of the status of the asylum seeker and the status of the subsidiary entitled to be protected. The fact that an application has been made for international protection must in no way come about in the event of such a transfer.

8. Main piece

Austrian and international authorities, legal and refugee advisers

Section 1

Austrian authorities, state documentation and official complaint

Bundesasylamt

§ 58. (1) The asylum authority of the first instance is the Bundesasylamt, which is established in subordination under the Federal Minister for Home Affairs. The seat of the Bundesasylamtes is located in Vienna. The director is at the head of the Federal Asylamate.

(2) The Bundesasylamt is the competent authority for the exchange of information with those States with which the Dublin Regulation or a Treaty on the competence to examine an application for asylum or an application is applied to international protection is applicable.

(3) The number of organisational units and the division of operations on them shall be fixed in a division of business to be established by the Director.

(4) The Director of the Bundesasylamtes may, taking into account the number of asylum-seekers who normally reside in the various administrative districts, establish external offices of the Federal Asylamtes in order to ensure that all proceedings are carried out in the to be able to carry out and complete without unnecessary deprivation.

(5) The Director shall ensure their qualifications through the training and in-service training of the staff of the Federal Asylamtes.

(6) The Federal Office for the Protection of the Federal Republic of Germany (Bundesasylamt) shall, in order to carry out the tasks assigned to it, be accompanied, subjected or assigned to the public security In the context of the performance of their duties under this Federal Act, they are authorized to implement the security measures which are not allowed to be postponed; they shall act on behalf of the Federal Police Directorate of the Federal Republic of Germany or the Federal Republic of Germany, or the district administrative authority and shall immediately inform them of the measures taken. In addition, the institutions of the Public Security Service shall assist the Federal Asyls Office in the performance of its tasks in the initial reception centre.

(7) The Director of the Bundesasylamtes may authorize staff who are not members of the Public Security Service to exercise the power of command and enforcement provided for in Article 44 (2) to (5), provided that such authority is appropriate and particularly appropriate. are trained.

Initial locations

§ 59. The Federal Minister of the Interior is authorized to establish first-time reception centres with the regulation. These are part of the Federal Asylamtes and the Director.

State documentation

§ 60. (1) The Bundesasylamt has to carry out a state documentation in which relevant facts relating to the situation in the countries concerned together with the sources are to be noted for the procedure under this Federal Act.

(2) The purpose of the State documentation is, in particular, the collection of facts that are relevant

1.		for the assessment of whether facts are available which indicate the risk of persecution within the meaning of this Federal Law in a given State;
2.		for the assessment of the credibility of the information provided by asylum seekers and
3.		for the decision as to whether a particular state is safe in the sense of section 39 (safe country of origin) or § 4 (safe third country).
The facts collected are to be compiled in a country-specific manner, to be scientifically worked up according to objective criteria (general analysis) and to document them in general form. The documentation shall be corrected in relation to facts which do not or no longer correspond to the facts. An analysis based on these facts should be put right.

(3) The independent Bundesasylsenate and the courts of public law are entitled to collect available information and the evaluation of available or collected information within the framework of the state documentation. request information on a particular question by means of mutual assistance. The Bundesasylamt has to comply with this request.

(4) The Federal Ministry of the Interior must set up a Advisory Board (Advisory Board for the Management of State Documentation), which shall in particular make recommendations for the management of the State documentation, the collection of relevant facts and the evaluation of the , as well as for the creation of the analysis. The Federal Minister of the Interior shall appoint the Chairperson and nine members of the Advisory Board, who shall have appropriate expertise in the field of asylum or tourist law, for a period of five years; in any case, the Advisory Council shall: a member of the independent federal asylum council and a representative of the United Nations High Commissioner for Refugees and of the Federal Ministry of Foreign Affairs. In addition, the director of the Federal Asylamate has a seat in the advisory board; he can be represented in this function by a right-wing employee of the Federal Asylamtes. The cooperation in the Advisory Board is voluntary. The members of the Advisory Board shall be replaced by the necessary travel expenses. § 66 (4) applies to the replacement of travel expenses. The Federal Minister for the Interior has to adopt a regulation and to make provision for the Presidency to be given a decisive voice in the event of a tie; in particular, the Rules of Procedure have in particular the convening, the To regulate the flow and the logging of meetings, the formation of the will in the reimbursement of recommendations and the criteria for the existence of a qualified minority opinion.

(5) The State documentation shall be public. Documents which are subject to secrecy or are otherwise excluded from the inspection of the file (§ 17 AVG) are to be excluded from the public. Furthermore, the asylum authorities are able to take out documents which are only used for internal use.

(6) The state documentation shall be

1.		public authorities operating within the framework of the enforcement of the Federal Republic of Germany;
2.		the ordinary courts;
3.		Authorities and representatives of the countries working in the framework of the implementation of the basic supply agreement;
4.		legal advisers (§ § 64 f);
5.		the courts of public law;
6.		the United Nations High Commissioner for Refugees (UNHCR);
7.		the European Court of Human Rights (ECtHR) and the European Court of Justice (ECJ) and
8.		foreign asylum or tourist authorities or foreign courts, to the extent that reciprocity exists;
free of charge.
Other authorities or persons have to pay administrative charges for the exchange of information, which are to be determined by the Federal Minister of the Interior in agreement with the Federal Minister of Finance by Regulation.

(7) If a user determines in accordance with paragraph 6 (1), (2) or (4) that information contained in the state documentation does not correspond to the facts or no longer corresponds to the facts, this is to be communicated to the Federal Asyls Office. Other persons are entitled to communicate these facts to the Federal Asylate Office.

(8) The Federal Asylate Office may use third parties in the management of the state documentation.

Independent Bundesasylsenat

§ 61. The independent Bundesasylsenat decides on appeals against decisions of the Federal Asylamate by one of its members or-as far as this is the result of a federal law-by senate. The member responsible for the decision shall submit the case to the competent Senate for a decision if the decision would signify a departure from the previous case-law of the independent Federal Council of States.

Official complaint

§ 62. The Federal Minister for Home Affairs can lodge an appeal against decisions of the independent Federal Council of the Interior to the Administrative Court within six weeks of being sent to the Federal Asyloffice. This may be the case for the benefit of the Federal Council of Justice. also to the detriment of the stranger involved.

Section 2

International protection of asylum seekers and refugees

International protection of asylum seekers and refugees

§ 63. (1) An asylum seeker shall be given the opportunity at all times to address the United Nations High Commissioner for Refugees.

(2) The United Nations High Commissioner for Refugees shall be notified without delay,

1.		from the initiation of a procedure on a request for international protection;
2.		a procedure for refoulement, repatriation, expulsion, the imposition of a ban on residence, deportation or withdrawal of the status of the person entitled to asylum is brought against an asylum seeker.

(3) The United Nations High Commissioner for Refugees is entitled in all these proceedings to request information, access to the file (§ 17 AVG), to be represented in interviews, to be represented and to oral negotiations, and at any time. to contact those affected.

(4) Administrative provisions on the enforcement of this Federal Law shall be forwarded without delay to the United Nations High Commissioner for Refugees. The same shall apply to administrative provisions relating to the enforcement of the FPG and the NAG, insofar as they are relevant to asylum-seekers or strangers to whom the status of an asylum-seeker or a subsidiary entitled to protection has been recognised.

Section 3

Legal advice, promotion of asylum seekers and refugees, return assistance

Legal advice in the authorisation procedure

§ 64. (1) In the authorisation procedure, asylum-seekers are to be placed on the side of legal persons with special knowledge in the field of asylum and tourism (legal advisers); they are obliged to fulfil their duties as to the secrecy of their duties.

(2) Legal advisers are independent and have no instructions to perform their duties.

(3) The costs of legal advice shall be borne by the Federal Government.

(4) Legal advisers shall have asylum seekers before each notification pursuant to Article 29 (3) (3) (3) to (5) of the following entry in the authorisation procedure concerning their asylum procedure and their prospects for granting the status of the asylum or subsidiary To this end, they are to be provided with interpreters by the Federal Asylce Office if necessary and to make available to date the previous result of the investigation on the whole scale. Legal advisors are obliged to participate in all the participation in the admissions procedure for the party's part.

(5) In the case of unaccompanied minor asylum seekers, the legal adviser, as a legal representative, has to participate in the admission procedure for each interview at the initial reception office and at any time of entry in the admission procedure.

Legal Advisor Request Profile

§ 65. (1) Legal advisors have to prove the completion of a legal academic study, unless these persons are or have been in a church or private organisation for at least 5 years full-time and continuous legal advice in the asylum system.

(2) The selection and appointment of legal advisors shall be the responsibility of the Federal Minister of the Interior. It can take account of proposals from the United Nations High Commissioner for Refugees (UNHCR), the Länder and municipalities, as well as the Advisory Council on Asylum and Migration (§ 18 NAG).

(3) The duration of the legal advisory relationship shall be determined in accordance with the contract to be concluded with the Federal Minister of the Interior; the minimum contract period shall be five years. A reappointment does not justify an indefinite contractual relationship. If a legal adviser repeatedly and persistently breaches his duties, his contract can be terminated with immediate effect.

(4) Legal advisers shall assist asylum seekers in cases of procedural actions in which the law requires the presence of a legal adviser, and in the preparation of such acts. Legal advisers have to carry out their deliberation objectively and to the best of their knowledge; they must take part in the management of the procedure in such a way that there is no unnecessary delay. § 7 AVG applies.

(5) A legal adviser has to abstain from any conduct during the term of his contractual relationship, which is appropriate

1.		the conscientious performance of his duties;
2.		give the impression of a performance of his duties which is contrary to his/her duties; or
3.		to endanger official secrecy.

Refugee adviser

§ 66. (1) In order to support foreign persons in matters of asylum law, the Federal Minister of Home Affairs for Refugees has to appoint refugee advisers in the necessary number. They have to carry out their activities objectively and to the best of their knowledge.

(2) Refugee advisors have strangers on request

1.		inform on all matters relating to asylum law, in so far as these do not fall within the advisory obligation of legal advisers;
2.		to assist in the position or submission of an application for international protection;
3.		to be represented in accordance with the provisions of this Federal Act or, in so far as asylum seekers are concerned, under the FPG, unless a lawyer is required by law to draw up a lawyer;
4.		to assist in the translation of documents and the provision of interpreters; and
5.		where appropriate, return advice.

(3) The selection of refugee advisors is the responsibility of the Federal Minister for Home Affairs. It can take account of proposals from the United Nations High Commissioner for Refugees (UNHCR), the Länder and municipalities, as well as the Advisory Council on Asylum and Migration (§ 18 NAG).

(4) Refugee advisers, who are federal staff, are entitled to reimbursement of travel expenses in accordance with the travel fee rule 1955, BGBl. N ° 133, other refugee advisers on travel expenses, such as those entitled to a duty level 3 official on a mission, according to the travel fee rule of 1955, and to compensation for the period and time of travel, Work effort to be determined by the Federal Minister of the Interior in agreement with the Federal Minister of Finance.

Return Assistance

§ 67. (1) An asylum seeker may be granted return advice at any stage of the proceedings. The return advice includes the clarification of the perspectives during and after the conclusion of the asylum procedure.

(2) An asylum-seeker will be able to receive financial assistance before leaving the country (Section 12 of the GVG-B 2005). The Legal Adviser shall be included in the initial meeting of the final interview on the granting of return assistance.

Integration Assist

§ 68. (1) Integration aid may be granted to a stranger who has been granted the status of an asylum seeker. The aim of integration aid is to bring about full integration into Austrian economic, cultural and social life and to achieve as far as possible equal opportunities with Austrian citizens in these fields. .

(2) Integration assistance shall be in particular:

1.		language courses;
2.		Courses on education and training;
3.		Events for the introduction to Austrian culture and history;
4.		joint events with Austrian citizens in order to promote mutual understanding;
5.		Dissemination of information on the housing market and
6.		Achievements of the Austrian Integration Fund-Fund for the Integration of Refugees and Migrants.

(3) The private, humanitarian and religious institutions and institutions of the free welfare or communes are to be used for the implementation of integration assistance. The services to be provided must be laid down in a private-law contract, which also has to regulate the cost of the contract.

9. Main piece

Final provisions

Linguistic equality

§ 69. In so far as the names referred to in this Federal Act on natural persons are listed only in male form, they refer to women and men in the same way. In applying the name to certain natural persons, the gender-specific form shall be used.

Fees

§ 70. The submissions required in proceedings under this Federal Act, full-power surcustomers, transcripts, certificates and foreign civil status documents as well as the extension of residence permits are exempt from the fees. Furthermore, administrative duties of the Federal Government as well as cash expenses are not to be paid for official acts on the ground or directly for the purposes of this Federal Act.

References

§ 71. Insofar as other federal laws are referred to in this Federal Act, these are to be applied in the respectively applicable version.

Enforcement

§ 72. With regard to § § 39 (5) and (57) (9), the Federal Government, with regard to § 70, as far as fees are concerned, is the Federal Minister of Finance with regard to the enforcement of this Federal Act, in respect of Section 68 of the respective sachlich Federal Minister for Foreign Affairs with regard to § § 35 (1) and 57 (7) of the Federal Minister for Foreign Affairs, Section 57 (5), insofar as the civil courts are concerned, and Section 6 of the Federal Minister of Justice, and in the rest of the Federal Minister for the Interior, in respect of Section 35 (3) 2. Federal Minister for Foreign Affairs and with regard to § § 60 (6), last sentence, and 66 (4) in agreement with the Federal Minister of Finance.

Time scope

§ 73. (1) This federal law shall enter into force 1. Jänner 2006 in force.

(2) The Federal Law on the Granting of Asylum (Asylum Act 1997-Asylum G), BGBl. I n ° 76/1997, with the exception of section 42 (1), expires on 31 December 2005.

(3) ( Constitutional provision ) Section 42 (1) of the Asylum Act 1997 will expire at the end of 31 December 2005.

(4) Regulations on the basis of this Federal Act may be adopted as from the day following that in which they are held. However, they may not be put into effect at the earliest with the entry into force of this federal law.

Relationship with the Geneva Convention on Refugees

§ 74. The provisions of the Geneva Refugee Convention remain unaffected.

Transitional provisions

§ 75. (1) All proceedings pending on 31 December 2005 shall be brought to an end in accordance with the provisions of the Asylum Act 1997. § 44 Asylum Act 1997 applies. § § 24, 26, 54 to 57 and 60 of this Federal Act are to be applied to these procedures. § 27 must be applied to these procedures, subject to the proviso that the authority is responsible for issuing expulsion and that the facts which result in the initiation of the expulsion procedure have been implemented after 31 December 2005. Section 57 (5) and (6) shall apply to these procedures, subject to the proviso that only facts which have been implemented after 31 December 2005 shall apply to those provisions.

(2) A 1991 Federal Law on the Granting of Asylum-Asylum Law, BGBl. N ° 8/1992, the procedure to be adopted is to continue until 31 December 2007 in accordance with the provisions of the Asylum Act in 1991 and shall be deemed to be a pending procedure within the meaning of paragraph 1. A procedure set out in accordance with the Asylum Act 1997 shall be continued until 31 December 2007 in accordance with the provisions of the Asylum Act 1997 and shall be considered as a pending procedure within the meaning of paragraph 1.

(3) Cards according to the Asylum Act 1997 shall remain valid until the scheduled date.

(4) Desication or resignation on the basis of the Asylum Act, BGBl. No. 126/1968, the Asylum Act 1991, BGBl. No. 8/1992, as well as of the Asylum Act 1997, in the same case in proceedings under this Federal Act, the rejecting status of the decisive cause (§ 68 AVG).

(5) A stranger who has been granted refugee status on 31 December 2005 shall be deemed to be entitled to the status of the asylum seeker, in so far as no withdrawal or loss of refugee status has occurred.

(6) The status of the subsidiary entitled to protection shall be deemed to be granted to a stranger who has received a temporary residence permit on 31 December 2005 under the provisions of the Asylum Act of 1991 or of the Asylum Act 1997.

Article 3

Federal Law on the Exercising of Foreign Police, the issuing of Documents for Foreign Affairs and the Grant of Entry Permits (Tourism Act 2005-FPG)

table of contents

1. Main item: Scope and definitions
§ 1	Scope
§ 2	Definitions
2. Main item: jurisdiction and special procedural rules
1. Section: Responsibility
§ 3	Tourist authorities and bodies of the public security service
§ 4	Community watchmaking body
§ 5	Competence in the domestic field
§ 6	Local jurisdiction in the country
§ 7	Competence in the field of competence abroad
§ 8	Local jurisdiction abroad
§ 9	Vocations
§ 10	Official complaint
Section 2: Special procedural rules
§ 11	Proceedings before the Austrian representative authorities
§ 12	Special provisions for minors
3. Main piece: Principles on the enforcement of the tasks and powers of the Foreign Police
§ 13	Principles in the field of enforcement
§ 14	Obligation to be understood by bodies of the public security service
4. Main piece: Legality of entry, stay and exit of strangers
1. Section: Legality of entry, duty and visa requirements
§ 15	Prerequisite for the lawful entry into the federal territory
Section 2: Provisions on the obligation to apply
§ 16	General provisions
§ 17	Restriction of liability
§ 18	Exceptions to the obligation
§ 19	Declaration of acceptance
3. Section: provisions on the obligation to present visas
§ 20	Form and effect of visas
Section 21	Issue of visas
Section 22	Humanitarian visas
Section 23	Health certificate
§ 24	Special provisions on the issue of visas for the purpose of acquisition
Section 25	Procedures for issuing visas
Section 26	Visa invaloration
§ 27	Invalidity and non-reciprocity of visas
Section 4: Exceptions to the visa requirement
§ 28	Transit passengers
§ 29	Holders of privileges and immunities
§ 30	Other exceptions to the visa requirement
Section 5: Submission for the lawful stay and the lawful departure
Section 31	A prerequisite for a lawful stay in the Federal Republic of Germany
Section 32	Obligations of the stranger to prove the right of stay
5. Main item: Powers of the institutions of the Public Security Service
§ 33	Request for information
Section 34	Identity determination
§ 35	Verification of the legality of entry and residence
§ 36	Entering of land, operating points, work stations, rooms and vehicles
Section 37	Searching people
§ 38	Ensuring evidence
§ 39	Arrest
§ 40	Rights of the arrested
Section 41	Hindering the entry and rejection
§ 42	Backup of rejection
Section 43	Transit Backup
Section 44	Referral back to escort
§ 45	Return
6. Main piece: deportation, territorial restriction and transit
Section 46	Deportation
§ 47	Territorial restriction
§ 48	Passing through
§ 49	Pass-through agreement
7. Main item: Refoulement prohibition
§ 50	Prohibition of deportation, deportation and refoulement
Section 51	Determination of the inadmissibility of deportation to a particular State
8. Main piece: tasks and powers of the tourist authorities
Section 1: Government measures for the exercise of the tourist police
Section 52	Duties of the tourist police authorities in the field of tourist police
2. Section: expulsion
Section 53	Expulsion of strangers without residence permit
§ 54	Expulsion of strangers with residence permits
§ 55	Residence permit for foreign residents with a residence permit
§ 56 Residence consolidation in the case of strangers with a residence permit "Permanent residence-EC" or	"permanent residence of family members"
Section 57	Appeal against expulsion
Section 58	Dismise of the suspenseable effect of an appeal
§ 59	Non-reciprocity of expulsion
Section 3: Residence ban and ban on return
§ 60	Conditions for the ban on residence
Section 61	Inadmissibility of a residence ban
Section 62	Conditions for the return ban
§ 63	Period of validity of the ban on residence or of the return ban
Section 64	Dismise of the suspenseable effect of an appeal
Section 65	Repeal and repeal of the prohibition of residence or of the prohibition of return
Section 4: Common procedural provisions
Section 66	Protection of private and family life
Section 67	Travel obligation and enforcement order
Section 68	Enforcement order requirements
Section 69	Revocation of the enforcement order
Section 70	Specific procedural provisions
Section 5: Enforcement of return decisions of EEA States
Section 71
6. Section: Special Bewilligungen
Section 72	Re-entry during the period of validity of a residence ban
Section 73	Special authorisation after refoulement, deportation and expulsion
7. Section: arrest, acquisition and search order
Section 74	Arrest Order and Takeover Order
§ 75	Search Order
8. Section: Draguing and more money-free
Section 76	Relaply
Section 77	Gelinderes
Section 78	Execution of the Detention
§ 79	Implementation of the drawers
§ 80	Duration of thrust
§ 81	Repeal of the detention
9. Main piece: Special legal protection
Section 82	Complaint to the independent administrative Senate
Section 83	Decision by the independent administrative senate
10. Main piece: Special provisions for EEA citizens and Swiss citizens entitled to freedom of movement, as well as for beneficiaries of third country nationals and members of the family of EEA citizens who are not entitled to freedom of movement, Swiss citizens and Austrians
Section 84	EEA citizens and Swiss citizens
§ 85	Beneficiary third-country nationals
Section 86 Special provisions for the withdrawal of the right of residence and for procedural vacancies	Measures
§ 87 Family members of EEA citizens who are not entitled to freedom of movement, Swiss citizens and	Austrians
11. Main piece: Austrian documents for strangers
Section 1: Tourism passports and passports
Section 88	Exhibition of passports
§ 89	Tourist passports for minors
§ 90	Period of validity of passports
Section 91	Scope of the tourist passports
§ 92	Failure of a tourist passport
Section 93	Withdrawal of a tourist passport
Section 94	Convention passports
Section 2: Other Austrian badgers for strangers
§ 95	Photo ID for holders of privileges and immunities
§ 96	Return card for nationals of a Member State of the European Union
Section 97	Travel document for the return of third-country nationals
12. Main piece: Recognition and Investigation Service
Section 98	Use of personal data
§ 99	Using discovery service data
§ 100	Identification of recognition service data
§ 101	Central tourist register; information system
Section 102	Data use within the framework of the Central Tourism Register
Section 103	Central tourist register; locks on access and deletion
Section 104	Central process file; information composite system
Section 105	Duty to understand
Section 106	Duty of co-action
Section 107	Admissibility of the use of the data of the Central Register of Melting
Section 108	International traffic
13. Main item: Combating the residence and residence permit
Section 109	Obligation to understand authorities
§ 110	Duty of consent of the establishment and residence authorities
14. Main item: transporter
Section 111	Obligations of carriers
Section 112	Sanctions against carriers
15. Main piece: Costs and Penal Provisions
1. Section: Costs
Section 113
2. Section: Penal provisions
Section 114	Towing
§ 115	Aid for unauthorised residence
Section 116	Exploitation of a stranger
Section 117	Enter and communicate your stay
Section 118	Residency or placement of residence adoptions of self-sufficient strangers
§ 119	Making an entry or residence permit easier
§ 120	Unauthorized stay
Section 121	Other transgressions
§ 122	Subsidiarity
16. Main item: End and transitional provisions
§ 123	Linguistic equality
Section 124	References
§ 125	Transitional provisions
§ 126	In-force pedals
§ 127	Enforcement

1. Main item

Scope and definitions

Scope

§ 1. (1) This Federal Act regulates the exercise of the Foreign Police, the issuance of documents for strangers, and the issuance of entry titles.

(2) On asylum seekers (§ 2 Z 14 of the Federal Law on the Granting of Asylum-Asylum-Asylum 2005, BGBl. I n ° 100) are not to be applied to Sections 41 to 43, 53, 58, 68, 69, 72 and 76 (1). A non-residence permit procedure initiated before the application for international protection has been submitted after such an application has been submitted as a procedure for the release of a non-return ban. It is only to be agreed on the return ban. In addition, § § 39, 60 and 76 shall not apply to foreign persons who are entitled to the status of the person entitled to asylum or to the status of subsidiary protection. The enforcement of an expulsion or a residence ban against an asylum seeker is only permissible if the expulsion according to § 10 Asylum Act 2005 can be enforced. A return ban may be issued against a stranger who has been granted the status of eligible for subsidiary protection.

Definitions

§ 2. (1) An entry title is a visa (§ 20), permits for re-entry during the period of validity of a residence ban (§ 72) and special permits for twelve months after a rejection, a deportation or expulsion (§ 2). 73).

(2) Tourisme is in particular:

1.		the monitoring of the entry of aliens into the territory of the Federal Republic of Germany and the prevention of illegal entry;
2.		the monitoring of the residence of strangers in the territory of the Federal Republic of Germany and the termination of the illegal stay;
3.		the monitoring of the exit of strangers from the federal territory and the enforcement of exit decisions and
4.		the prevention and termination of criminal acts in accordance with this Federal Act.

(3) Documents for strangers are passports (§ 88), Convention passports (§ 94), photo ID cards for holders of privileges and immunities (§ 95), return certificates for citizens of a Member State of the European Union (§ 96) and travel documents for the return of third-country nationals (§ 97).

(4) In the sense of this federal law,

1.		Stranger: who does not have Austrian citizenship;
2.		Entry: entering, leaving the Federal territory;
3.		Passing through: the crossing of the federal territory and the necessary interruptions for this purpose;
4.		Travel document: a passport, a passport or any other document recognised by federal law, regulation or intergovernmental agreements for travel; foreign travel documents shall enjoy the protection of domestic criminal law in the country Public documents according to § § 224, 224a, 227 (1) and 231 of the Criminal Code (StGB), BGBl. No 60/1974;
5.		a travel document valid: if it has been issued by an authorized subject of international law, the identity of the holder is void of doubt, valid in time and its scope includes the Republic of Austria; except in the case of Convention passports and travel documents issued to stateless persons or persons with unexplained nationality must also be given the nationality of the holder without any doubt; the affixing of additional sheets in the Travel document must be certified;
6.		Convention of 19 June 1990 on the implementation of the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the Convention of 19 June 1990 on the implementation of the Schengen Agreement (Convention of 19 June 1990) French Republic on the gradual abolition of checks at the common borders, BGBl. III No 90/1997;
7.		Contracting State: a State to which the Convention of 28 April 1995 on the accession of Austria to the Convention implementing the Schengen Agreement, BGBl. III No 90/1997, in force;
8.		EEA citizen: a foreigner who is a national of a contracting party to the Agreement on the European Economic Area (EEA Agreement);
9.		Third country: any State which is not a Member State of the EEA Agreement;
10.		Third-country national: a stranger who is not an EEA citizen;
11.		Third country national beneficiary: the spouse, own relatives and relatives of the spouse of an EEA citizen or Swiss citizen who have taken advantage of their right to freedom of movement, in a straight descending line, to the completion of the 21. , in addition to the fact that they are actually granted maintenance, as well as their own relatives and relatives of the spouses in a straight ascending line, provided that they are subject to maintenance, to the extent that the third country national is the EEA citizens or Swiss citizens entitled to freedom of movement, from which their Community legal aid deries, accompanies or remembers;
12.		Member of the family: who is a third-country national and a spouse or an unmarried minor child, including an adoptive or stepchild (nuclear family);
13.		Expulsion decision: a deportation (§ 45), a deportation (§ 46), a deportation (§ § 53 and 54) or a ban on residence (§ 60) of an Austrian tourist authority or a return decision of a Member State of the European Economic Area (§ 71);
14.		Residence permit: a residence permit in the sense of the Federal Law on the establishment and stay in Austria-NAG BGBl. I No 100/2005, or a residence permit issued by a State Party which authorises the establishment in its territory;
15.		Right to freedom of movement: the Community law of an EEA citizen to settle in Austria;
16.		a temporary self-employed activity: a temporary self-employed activity: a temporary self-employed activity not longer than six months within twelve months of maintaining a residence in the third country, which continues to be the centre of the life's interests , and in the case of non-compulsory insurance of § 2 of the Industrial Social Insurance Act (GSVG), BGBl. No 560/1978;
17.		a temporary independent activity: such an activity in which an entitlement or other confirmation is available in accordance with the Foreigners Employment Act with a six-month period of non-overdue validity or within twelve months Months no longer than six months an activity on the basis of an exception under the Federal Act of 20 March 1975 with which the employment of foreigners is regulated-AuslBG, BGBl. No 218/1975, (Section 1 (2) and (4) of the LBG).

(5) In the sense of this federal law,

1.		Internal borders: Austria's borders with other contracting states (§ 2 para. 4 Z 7) as well as the Austrian airfields for inland flights and the Austrian ports for inland waterway transport;
2.		External borders: the borders of Austria as well as the Austrian airports and ports, insofar as they are not internal borders;
3.		Representative authorities: the diplomatic and professional Austrian representative authorities or the representative authorities of the Contracting States which are responsible for issuing visas under the CISA;
4.		Recognition of data: light images, finger prints of the fingers, external physical characteristics and signature.

2. Main piece

Competence and special procedural rules

Section 1

Responsibility

Tourist authorities and bodies of the public security service

§ 3. (1) Within the framework of this Federal Act, the bodies of the Public Security Service (§ 5 of the Federal Act on the Organization of Security Administration and the Exercistion of the Security Police-SPG, BGBl. No 566/1991) for the tourist authorities (Section 4 of the SPG) on their behalf or on their own initiative.

(2) In order to monitor compliance with the provisions of this Federal Law, the Federal Minister of the Interior and the Security Director may use the bodies of the Public Security Service, which are attached, signed or assigned, to be used. As far as the institutions are to act within the competence of a tourist authority, they shall act as their institutions.

(3) Institutions of the public security service which, when carrying out tasks under this Federal Act, exceed the flaw of their foreign police authority, shall be deemed to be the bodies of the competent local authority in the case of this official act; They shall inform them immediately of their intervention and shall be bound by their instructions and orders.

(4) In cases where the locally competent authority cannot take the necessary measures in a timely manner, the locally non-competent bodies of the public security service shall be authorised to do so outside the framework of the Foreign police officers who have been assigned, assigned or under the authority of a foreign police authority shall conduct foreign police officers ' acts. These shall be deemed to be the official acts of the locally competent authority of the local authority of the first instance, and the public security service institution shall immediately notify the competent authority of the act of the official act.

Community watchmaking body

§ 4. At the request of a congregation, the members of their community guard body may be subject to the consent of the Tourism Authority for the purpose of monitoring compliance with this Federal Law. They intervene in the execution of these tasks for the tourist authority and can use the powers under this federal law. The subposition shall be carried out by means of a regulation of the safety director. The subposition is

1.		at the request of the municipality, or
2.		at the request of the Tourism Authority of the first instance, if the congregation body does not fulfil the tasks assigned to it.
The authorisation shall be repeal by means of a Regulation of the Security Director.

Competence in the domestic field

§ 5. (1) It is the responsibility of the police authorities of the first instance

1.		the concern of the tourist police (§ 2 para. 2);
2.		the issuing of documents for foreign nationals (Article 2 (3)), with the exception of a return certificate in accordance with § 96;
3.		the management of administrative criminal proceedings under this federal law;
4.		the imposition of sanctions in accordance with § 112 and
5.		the pre-registration of costs according to § 113.

(2) The Federal Minister of the Interior may, where this is intended to facilitate travel or in the interests of expediency, convenience and simplicity, authorize the Tourism Authorities of the Court of First Instance to: to grant visas to certain border crossing points.

(3) The issuing of visas, with the exception of air transit visas, shall be the sole responsibility of the Tourist Office of the Court of First Instance to which the authorization referred to in paragraph 2 applies. The police authorities of the first instance are authorised to declare visas B and C as well as Visa D and D + C issued by Austria at border crossing points to be invalid.

(4) The granting or invalidation of service visas is the responsibility of the Federal Minister of the Interior, those of Diplomatenvisa, the Federal Minister for Foreign Affairs.

(5) By means of intergovernmental agreements, which provide for the facilitation of travel for foreigners in border areas of the Republic of Austria (Article 17 (2)), other than the tourist authorities of the first instance may also be used for the exhibition, as well as Countersigning of documents approved under such an agreement for entry, residence and exit.

(6) If one of the agreements referred to in paragraph 5 does not contain any provision concerning the competence of the person concerned, the issue and the contraa of the documents approved for entry, residence and exit shall be the subject of the local authority. competent authorities of the first instance. The Federal Minister of the Interior may authorise the latter by means of a regulation to issue such documents at border crossing points for persons who are nationals of a contracting State, if the stranger has the right to To make such a document much easier to travel and to enter the country.

Local jurisdiction in the country

§ 6. (1) The local jurisdiction in Germany depends on the main residence within the meaning of Section 1 (7) of the Federal Law on Police Reporting (Reporting Act 1991-Reporting G), BGBl. No. 9/1992, in the absence of such a resident of the foreign country in the Federal Republic of Germany. In the case of several other residences, the most recent one is the one which was founded.

(2) If the foreigner does not have a place of residence in the Federal territory, the responsibility for his/her stay at the time of the first official entry into the public authority shall be governed by this Federal Act.

(3) The local jurisdiction to issue a visa at a border crossing point shall be determined after the stay; it shall not preclude residence in the territory of the country.

(4) The local jurisdiction for the annulment of a visa, the release and revocation of a deportation order, the revocation of a permit to re-return during the period of validity of a stay ban and a special Authorization for twelve months after a refusal, a deportation or expulsion, as well as for the imposition of the detention and for the deportation, depends on the stay.

(5) The removal of a ban on residence shall be the responsibility of the Tourism Authority, which has issued the ban on residence in the first instance.

(6) Measures and measures for the control of the legality of entry, residence and exit shall not be subject to delay and shall be subject to the responsibility of the Tourism Authority, in whose sprengeless the stranger is staying or over whose sprenelage the stranger is in Austria to enter or leave.

(7) If the stranger is arrested in a public transport means during a travel movement in accordance with Article 39, the local jurisdiction shall be determined for all measures to be taken on the basis of the arrest, after the nearest Exit point where leaving the means of transport is possible in accordance with the timetable of the transport operator.

(8) The transfer order in accordance with Section 74 (3) shall be issued by the Security Directorate of the Federal State in which the entry of the foreign country is to take place.

(9) Local responsibility for the implementation of administrative criminal proceedings shall be determined in those cases of paragraph 7 in which it is determined after the exit point; in all other cases in accordance with the Administrative Code Act 1991-VStG, BGBl. No. 52.

Competence in the field of competence abroad

§ 7. It is the responsibility of

1.		the granting, failure and invalidation of visas, the granting of humanitarian visas (§ 22) only with the consent of the Federal Minister of the Interior;
2.		the granting, failure and revocation of re-entry authorisations (§ 72) only with the agreement of the Federal Minister for the Interior;
3.		the granting, refusal and annulment of special authorisations for 12 months following a refusal of a return or expulsion,
4.		the exhibition, the restriction of the scope, the failure and the withdrawal of passports and travel passports, with the exception of the first exhibition, and
5.		the issuing of return expatriates for nationals of a Member State of the European Union
the representative authorities.

Local jurisdiction abroad

§ 8. (1) The local jurisdiction to act in accordance with this federal law shall be determined abroad, unless otherwise specified, after the domitic residence of the stranger. The Federal Minister for Foreign Affairs is able to act on behalf of any professional representative.

(2) If the foreigner has a place of residence in the territory of the Federal Republic of Germany, the local jurisdiction abroad shall be determined after the stay of the foreign.

Vocations

§ 9. (1) (Determination of the Constitution) On appeals against decisions pursuant to this Federal Act, unless otherwise specified,

1.		in the case of EEA citizens, Swiss citizens and beneficiary third country nationals, the independent administrative senates in the countries and
2.		in all other cases, the security directorates in the final instance.

(2) An appeal is not admissible against the failure, the authorization and the revocation of a enforcement order. Neither an idea nor an appeal is admissible against the failure, the authorization and the revocation of a deportation order, and the arrangement of the detention.

(3) Against decisions on applications for entry titles (Article 2 (1)) to other third-country nationals (paragraph 2), other than beneficiaries of the application of the application. 4) an appeal is not permitted.

(4) On appeals against decisions concerning applications for entry titles to beneficiaries of third country nationals by the authorities referred to in § 8, the independent administrative Senate shall be the competent authority in the course of which the domike or intended domike shall be domiciled or The residence of the stranger is located. If this residence is not fixed, the independent administrative senate of the Land of Vienna decides.

(5) The Federal Minister of the Interior shall decide on appeals against other decisions by the authorities pursuant to § 8. This is an appropriate upper authority for this area.

(6) The independent administrative Senate shall decide on appeals against proceedings in accordance with Articles 112 and 113 (4) and (5).

(7) If the appellant is not entitled to enter Austria, oral proceedings by the independent administrative senate may not be held if the facts are finally established.

Official complaint

§ 10. The Federal Minister of the Interior and the Security Director shall have the right to, for the benefit and to the detriment of the person concerned, against decisions of the independent administrative senates in accordance with § § 9 and 83 within six weeks after the decision of the Administrative Court. Notification of the decision to the Authority of the first instance to be notified of office. Likewise, the Federal Minister of the Interior and the Security Director may decide against decisions of the independent administrative council on appeals against administrative criminal proceedings under this Federal Act (Art. 129a (1) (1) B-VG) or against decisions of the independent administrative council on complaints from persons claiming to have been infringed in their rights by the exercise of direct command and force in accordance with this Federal Act (Art. 129a (1) (2) B-VG), and within six weeks after notification of the decision to the competent tourist authority, raise the office of the Administrative Court in order to take office.

Section 2

Specific procedural rules

Proceedings before the Austrian representative authorities

§ 11. (1) In proceedings before the Austrian representative authorities, applicants shall submit, under the guidance of the Authority, the documents and evidence necessary for the identification of the relevant facts; the representative authority shall, in accordance with to judge whether a fact is proven to be proven or not. A decision which does not take full account of the applicant's point of view may not be taken until the party has had the opportunity to remedy the form of formal infirmaries and to give a final opinion.

(2) The decision in accordance with paragraph 1 shall also be completed in writing on the written or written request of the party; this means that, in addition to the decision taken, the relevant provisions of the law are to be found; a further justification shall be given. does not need to be.

(3) The copy shall be the name of the authority, the date of the decision and the signature of the applicant; the signature may be replaced by the seal of the Republic of Austria, provided that the identity of the convicted person in the It is easy to understand. Delivery shall be effected by handing over to the Authority or by postal mail.

(4) Decisions referred to in paragraph 1 shall be made in writing in the case of beneficiary third-country nationals in such a way as to enable the person concerned to understand the content and effect of such decisions. The person concerned shall be informed in a precise and comprehensive way the grounds of public policy, public security or public health which are based on the decision in question, unless the reasons for the security of the Republic of Austria are Communication. In the written copy of the explanatory statement, the Appellate Authority shall also be indicated.

(5) The decision in the case does not take place within six months of the application of the application, in the cases of paragraph 2, the written copy is not within two months after the application has been submitted, the responsibility for the decision shall go or copy to the Federal Minister for Home Affairs on a written request. Such a request shall be submitted directly to it. He shall apply the provisions of paragraphs 1 to 4 and 6 for the decision or the copy. The application shall be dismissed if the delay is not solely due to the fault of the representative authority.

(6) If the application for the grant of an entry title cannot be granted on the basis of compelling foreign policy considerations or for reasons of national security, the representative authority shall, in the cases referred to in paragraph 5 of the Federal Minister for Foreign Affairs, Internal affairs, empowered to confine itself to the indication of the incident of compelling reasons of failure. In these cases, the relevant facts must also be comprehensible in the act.

Special provisions for minors

§ 12. (1) Minor stranger, who is the 16. They are capable of being acted upon in a process according to the main pieces 2 to 10. They may, at an oral hearing, confront a legal representative and a person not involved in the case of their trust.

(2) The legal representative of a stranger as referred to in paragraph 1 shall have the right to:

1.		, also to take the will of the minor's inspection of the file and to submit evidence for his benefit; and
2.		to appeal, within the time limit open to a party, to submit complaints and to file requests for re-establishment of rights or to reinstate the proceedings.

(3) Minor stranger, who is the 16. If they have not yet completed their life and whose interests cannot be exercised by their legal representatives, only procedural acts can be used in their own name to their advantage. With the introduction of such a procedure, the legal representative will be the youth welfare carrier of the capital of the federal state in which the minor is present. If the same authority would be responsible for the foreign police procedure and the representation, the nearest local youth welfare carrier will be the legal representative.

(4) The identification of the age of a stranger is the responsibility of the tourist authority in the course of the investigation procedure. In order to clarify the facts, a general practitioner may in particular be consulted. If a foreigner claims to have not yet completed a given year of life and therefore to be a minor, then-except in the case of obvious inaccuracy-contact the relevant youth welfare carrier without delay and this person shall be entitled to listen. The refusal of the stranger to participate in the clarification of the facts must be taken into account by the Tourism Authority in the context of the assessment of the evidence.

3. Main piece

Principles for the enforcement of the duties and powers of the tourist police

Principles in the field of enforcement

§ 13. (1) The tourist authorities and the bodies of the Public Security Service may, in order to carry out the duties assigned to them in this Federal Law, use all legally permissible means which do not intervene in the rights of a person.

(2) In the rights of a person, they may intervene in the performance of these tasks only if such a power is provided for in this Federal Act and if either other more funds are not sufficient to fulfil those tasks, or if the use of other means is out of proportion to the intervention otherwise. Should an interference in the rights of persons be necessary, it must nevertheless only be done in so far as it respects the proportionality of the occasion and the desired success.

(3) The bodies of the Public Security Service are empowered to enforce the powers and orders of the tourist authorities, granted to them by this Federal Law, with direct command and enforcement authority. The person concerned shall be threatened and denounced for the exercise of direct command and enforcement. They shall cease to exercise their duties as soon as the desired success has been achieved, shows that it cannot be achieved by this means or that the desired success is disproportionate to the intervention necessary for the enforcement. In any case, a danger to life or a sustainable endangering of health is inadmissible.

(4) The provisions of the Weapons Use Act apply to the use of direct force of force in 1969.

(5) The bodies of the public security service may use physical force against property if this is essential for the exercise of a power. In this case, they have to do everything in their power to ensure that people are not exposed to danger.

Obligation to be understood by bodies of the public security service

§ 14. (1) Access bodies of the public security service in the provision of tasks pursuant to this Federal Act in the rights of persons, this is, apart from separate understandings according to this federal law, the responsible The first instance of the Tourist Office shall be notified without unnecessary delay.

2. Institutions which are attached, under or assigned to the Federal Minister of the Interior or the Security Director shall notify the Authority to which they are attached, subject to or allocated. In addition, paragraph 1 shall apply to these institutions in so far as they act within the framework of the competence of a Foreign Police Department of the first instance.

4. Main piece

Legality of the entry, residence and exit of foreign nationals

Section 1

Legality of entry, duty and visa requirements

Prerequisite for the lawful entry into the federal territory

§ 15. (1) A valid travel document shall be a valid travel document for the purpose of lawful entry into the territory of the Federal Republic of Germany, unless otherwise determined by federal law or by intergovernmental agreement, or in accordance with other international practice. (passport).

(2) As far as this is not determined by federal law, by intergovernmental agreements or by acts of the European Union which are directly applicable, it is necessary for the right of entry into the territory of the Federal Republic of Germany for the right of entry into the territory of the Federal Republic of Germany. Visa (visa requirement). Foreign residents who have a valid right of residence, a special permit for twelve months after a rejection, deportation or expulsion or a permit to re-return during the period of validity of a stay ban , the obligation to view the visa.

(3) Reist of the stranger above an external border or an internal border, if their exceeding in the meaning of § 10 para. 2 of the Federal Act on the conduct of personal checks on the occasion of the border crossing (Border Control Act-GrekoG), BGBl. No 435/1996, provided only at border crossing points, into the territory of the Federal Republic of Germany, the entry into the territory of the Federal Republic of Germany shall be lawful if this is carried out without circumvention of the border control.

(4) The entry of a foreign country shall also be lawful,

1.		if no Contracting State has communicated a reason for refusal of its refusal;
2.		if the foreigner, although a State Party has informed him of a reason for refusal, has a residence permit of a Contracting State or an entry title of Austria;
3.		if the entry takes place at the border crossing point, which may be required for use, or
4.		if the foreigner had to be withdrawn on the basis of a readmission agreement (§ 19 para. 4) or international practice, in the context of a transit (§ 48 para. 1) or on the basis of an extradition authorization in accordance with § 67 of the Federal law of 4 December 1979 on extradition and mutual legal assistance in criminal matters (extradition and legal aid law-ARHG), BGBl. No. 529, entered.

Section 2

Provisions on liability

General provisions

§ 16. (1) Where public, in particular passport and foreign policy interests and foreign policy interests so require, the Federal Minister of the Interior shall be authorized, in agreement with the Federal Minister for Foreign Affairs, to use Regulation certain types of travel documents issued by others as States Parties shall be deemed not to be suitable travel documents for the purpose of fulfilling the obligation to pay.

(2) Registered foreign persons may only enter or leave the country in the company of the person in whose travel document they are registered. This does not apply to measures to end the stay or to transport abroad after the 5. up to 10. Main piece.

(3) Foreigners to whom a collection passport has been issued shall be subject to the obligation of passports, but may only travel in and out of the country together. For this purpose, each travel participant needs an identity card issued by a public authority, from which his identity can be identified. This does not apply to measures to end the stay or to transport abroad after the 5. up to 10. Main piece.

Restriction of liability

§ 17 (1) In so far as the Federal Government is authorized to conclude governmental agreements pursuant to Art. 66 (2) B-VG, it may, subject to reciprocity, agree that the right to be granted shall be entitled to the right of passover, including by reason of other than of the travel documents referred to in § § 15 (1) and (16) (3), to stay in the territory of the Federal Republic of Germany and to travel. These strangers are sufficient to meet the obligation.

(2) In agreements referred to in paragraph 1, which are intended to facilitate travel in cross-border areas of the Republic of Austria, it may be stipulated that foreign citizens who have entered into border areas on the basis of such travel documents shall be located in border areas of the Republic of Austria. of the Republic of Austria. In such a case, it is also possible, in the intergovernmental agreement, to stipulate that the document intended for entry, residence and departure must be drawn up by an Austrian authority for the purpose of being drawn up.

(3) If this is in the public interest, the Federal Minister of the Interior, in agreement with the Federal Minister for Foreign Affairs, is empowered to establish with Regulation that certain passo-like strangers are due to other Entering documents, staying in the Federal Republic of Germany and being allowed to leave. These strangers are sufficient to meet the obligation.

(4) EEA citizens and Swiss citizens also fulfil the obligation to fulfil their obligations with an identity card and may enter the territory of the Federal Republic of Germany on the basis of such a travel document.

Exceptions to the obligation

§ 18. (1) No liability exists for strangers in the case

1.		the issuing of a declaration of acceptance (§ 19);
2.		the issuing of a residence permit in accordance with the rules on residence and residence, if the foreigner does not have a travel document, or
3.		a transit (§ 48).

(2) Foreigners who are entitled to the status of the right of asylum or of subsidiary protection in Austria and who do not have a valid travel document but who are able to make their identity credible may, irrespective of their responsibility, be entitled to § § 120 and 121-the entry will not be refused.

Declaration of acceptance

§ 19. (1) A declaration of acceptance shall be issued at the request of a competent authority of another State for a stranger who is to be forcibly transferred from the territory of that State to the territory of the Federal Republic of Germany and, on the basis of an inter-governmental Agreement (para. 4) is to be taken over by the Republic of Austria on the basis of an agreement of the European Community or in accordance with international practice.

(2) The declaration of acceptance shall be expressly designated as such; from it must be the identity and the nationality of the stranger.

(3) The period of validity of the declaration of acceptance shall, unless otherwise provided for in an intergovernmental agreement or an agreement of the European Community, be determined in the extent necessary for the provision of such an agreement; Entry must be made to a specific border crossing point or a specific place in a Contracting State.

(4) Provided that the Federal Government is authorized to conclude governmental agreements pursuant to Art. 66 (2) B-VG, it may agree, on condition that reciprocity is granted, that persons who are not allowed to enter the territory of the Federal Republic of Germany shall be admitted to the If the territory of another State has entered or which does not or no longer fulfil the conditions for entry or residence, it will be admitted for re-entry into the territory of the Federal Republic (readmission agreement).

Section 3

Provisions on the obligation to provide visas

Form and effect of visas

§ 20. (1) Visa shall be deemed to be

1.		Flight transit visa (airport transit visa, visa A);
2.		Transit visa (visa B);
3.		tourist visa (short-stay visa, visa C);
4.		Residence visa (long-stay visa, visa D) or
5.		Residence-Travel visa (Visa D + C)
.

(2) Any visa issued by a Contracting State whose scope includes Austria shall be deemed to be an entry title; however, a visa D issued by Austria does not entice it to travel through. A visa D + C, not issued by Austria, entitles the person to stay in Austria for a maximum period of three months from the first day of validity.

(3) Visa shall be issued for entry to a stay not over six months. The use of gainful employment is permitted only in the context of business travel and in the cases of § 24.

(4) Visa may be issued for one or more times of entry. In the interests of maintaining public order and security, the Authority may require a visa to use certain border crossing points.

(5) transit visas shall entitle the Contracting States and Austria to transit through the Contracting States and Austria on a single or multiple journey within five days. Travel visas entitle you to stay for up to three months in Contracting States and Austria. If the travel document of the foreigner is not valid for all States Parties, the transit visa or the travel visa shall be limited to the Federal territory and those States Parties for which the travel document is valid. Stay visas entitle you to stay in Austria for a stay of three months. Stay-travel visas entitle you to stay in Austria for a period of three months and, from the first day of validity, to stay at the same time for a stay of no more than three months in the other Contracting States.

(6) Visa may be issued as a service visa or as a diplomatic visa. They may be granted to strangers under the conditions under which Austrian citizens ' passports or diplomatic passports are issued on such an occasion for Austrian nationals. Official acts relating to such visas shall be free of charge.

(7) The external form of visas shall be made known by the Regulation of the Federal Minister of the Interior.

Issue of visas

§ 21. (1) visas may be issued to a stranger on request, if:

1.		which has a valid travel document;
2.		the re-departure of the stranger appears secured;
3.		public interests do not preclude the granting of the visa, unless the interests of the foreign person in the issuing of the visa weigh more heavily than the public interests, the visa is not to be granted and
4.		no reason for failure (para. 7).

(2) Visa is to be granted on a temporary basis and not renewable. The period of validity of the travel document shall not exceed that of the travel document. The period of validity of the travel document shall exceed that of a visa by at least three months.

(3) In principle, collection visas are to be issued to strangers to whom a collection passport has been issued. Seafarers of the same nationality who are travelling in a group of 5 to 50 persons may, in accordance with Regulation (EC) No 415/2003 on the issue of visas at the border, including the issue of such visas to seafarers, may be issued on the territory of the Transit, OJ No. 1. on the border of a collection visa for transit on a separate sheet.

(4) The Authority shall, in the assessment of the balance of interests to be taken in accordance with paragraph 1 (3), start from the purpose and from the duration of the intended stay of the foreign

1.		on his personal circumstances, in particular his family ties, his financial situation and, where appropriate, the length of his stay in the Federal Republic of Germany and
2.		on public interests, in particular the security and economic concerns and public health
To take care.

(5) Public interests shall be subject to the granting of a visa, in particular where:

1.		the foreigner does not have a health insurance cover covering all risks or he has a serious illness in the health certificate according to § 23;
2.		the stranger does not have sufficient resources for his maintenance and for re-exit;
3.		The residence of the stranger could lead to a financial burden on a local authority, unless this burden would result from the fulfilment of a legal claim existing before the entry;
4.		the residence of the stranger would endanger public order or security;
5.		the residence of the foreigner would affect the relations of the Republic of Austria with another State;
6.		There is reason to believe that the foreign will intend to take up gainful employment in the Federal Republic of Germany except in the context of business travel or in the cases of § 24;
7.		justify the assumption that the stranger belongs to a criminal organisation or a criminal organisation (§ § 278 and 278a StGB) or a terrorist organisation (§ 278b StGB);
8.		Certain facts justify the assumption that the stranger by his conduct, in particular by public participation in violence, by the public call for violence or by inflammatory calls or irritation, the national security, or
9.		the stranger publicly, in a gathering or by propagating scriptures, approves or promotes a crime against peace, a war crime, a crime against humanity, or terrorist acts of comparable weight.

(6) The authority may grant a visa to a stranger, despite the fact that it has been subject to facts pursuant to paragraph 5 (1), (2) or (3), if, on the basis of a public interest obligation, an obligation of a legal entity within the meaning of Section 1 (1) of the Official Liability Act (AHG), BGBl. No 20/1949, or on the basis of the declaration of commitment by a person with a principal residence or registered office in the territory of the Federal Republic of Germany, the carrying of all costs appears to be secured, the public entities could be created by the stay of the stranger.

(7) The granting of a visa is to be refused (par. 1 Z 4),

1.		if there is a legally binding ban on residence against the stranger;
2.		if a State Party has communicated a reason for refusal;
3.		in so far as it is necessary to provide a travel document for a transit visa, travel visa or transit visa, which does not recognise all States Parties;
4.		to the extent that a travel visa, in connection with an already expired travel visa, would allow a stay of three months within the first year of entry into the first year of entry into the country, or
5.		if the stranger tried to deceive his true identity, his nationality or the authenticity of his documents in the procedure for issuing a visa.

(8) Third-country nationals who, under a national contract, a federal law or a directly applicable act of the European Union, do not enjoy freedom of establishment but do not enjoy freedom of vision, shall have the right of establishment in accordance with the provisions of this Regulation State contract, federal law or legal act entitlement to a visa.

Humanitarian visas

§ 22. (1) The representative authority may, for reasons of humanitarian reasons, for reasons of national interest or on the basis of international law, in spite of the provision of a reason for failure to comply with Article 21 (7) (2) (2), the representative authority may not be responsible for any other reasons. Grant a travel visa, which is limited to the territory of the Federal Republic.

(2) The representative authority may, in spite of the provision of a reason for failure, grant a further visa for humanitarian reasons within the relevant half-year, in accordance with Article 21 (7) (4) (4), in particular cases worthy of consideration. is limited to the federal territory.

(3) The representative authority may, in spite of the provision of a reason for failure to comply with Article 21 (1) (1) (1) in particular cases worthy of consideration for humanitarian reasons, reasons of national interest or due to international obligations a visa on a form laid down in Regulation (EC) No 333/2002 laying down a uniform format for a form for the affixing of a visa issued by the Member States to the holders of a visa not recognised by the Member State concerned Grant travel document, OJ L 327, No. OJ L 53 of 23.02.2002 p. 4. Such a visa is to be limited to the federal territory.

Health certificate

§ 23. (1) In order to avoid a risk to public health, the Federal Minister for Health and Women with a Regulation may designate certain states in which a substantially increased risk of contagion with

1.		a notifiable disease (serious illness) in the meaning of the Epidemics Act 1950, BGBl, which is easily transferable in the usual social contact. N ° 186,
2.		any other serious non-indication or notifiable infectious disease; or
3.		Tuberculosis in the sense of § 3 lit. a of the Tuberculosis Law, BGBl. No 127/1968,
and thereby the risk of sustainable and serious endangerment of a greater number of people is given.

(2) A visa may be issued to strangers who have been in the territory of the territory of the Federal Republic of Germany for the last six months prior to their entry into the territory of the territory of the Federal Republic of Germany, if they are to provide a health certificate which is May be exempted from the diseases referred to in the Regulation referred to in paragraph 1.

(3) The Regulation shall designate the disease for which the conditions laid down in paragraph 1 are fulfilled, as well as the content and the period of validity of the health certificate.

Special provisions on the issue of visas for the purpose of acquisition

§ 24. (1) The recording

1.		a mere temporary self-employment (§ 2 (4) (16));
2.		a temporary independent activity (Article 2 (4) (17)), or
3.		an activity to which an employment permit according to § 5 AuslBG is a prerequisite,
in the federal territory, only after a stay visa is granted. In this case, the foreigner is a travel visa of up to six months, taking into account the provisions of Section 21 (1) and in the case of the applicability of the Aliens Employment Act in the case of a security certificate pursuant to § 11 AuslBG. Duration of validity.

(2) In accordance with the law of establishment and residence of the competent representative authority abroad, if a foreign authority is to be granted a residence permit to a stranger who is subject to the visa requirement, he/she shall be subject to the following: To take into account § 21 (1), (1), (3) and (4) a stay visa with a four-month period of validity.

Procedures for the issue of visas

§ 25. (1) The common consular instructions to the diplomatic missions and consular posts, headed by professional consular officers (CCI), OJ L 327, 28.1.2002, p. No. 1., the procedure for issuing visas shall apply in the case of visas.

(2) The foreign person shall, in the application, announce the respective purpose and the intended duration of the journey and stay. It shall appear before the Authority at the request of the Authority. In addition, § 10 AVG applies. The application shall be rejected if the applicant, with the exception of the cases in § 22 (3), does not present a valid travel document or, where appropriate, no health certificate, despite the request and setting of a grace period, or if the applicant in spite of the corresponding failure, it has not appeared in person before the authority, although the charge has been referred to this legal order. The application must also be rejected if the relevant provisions of the CCI (paragraph 1) are to be rejected. 1) is not complied with.

(3) Minor stranger, who is the 14. The issue of a visa can be applied for by the end of the year. The exhibition shall be subject to the consent of the legal representative, which shall be proven by the applicant.

(4) In the case of an application for a flight transitory visa (Section 20 (1) (1) (1)), the foreigner shall disclose the location of the airport transit area he intends to use.

(5) The administrative duties shall be exempt from administrative duties in connection with the issue of visas, provided that:

1.		this is an obligation under international law, or
2.		it is the issue of service or diplomatic visas and reciprocity exists.

(6) The visa is to be made visible in the travel document of the foreigner.

(7) If a request for the implementation of a recognition service treatment (Section 99 (1) (6)) is not followed, the application for a visa must be rejected.

Visa invaloration

§ 26. (1) A visa shall be declared invalid if facts become known or occur subsequently, which would justify a non-division (Section 21 (1)).

(2) If a visa is to be declared invalid at a border crossing point, the Tourism Authority shall, after having established the relevant facts, give the person concerned an opportunity to comment. If the visa is declared invalid, the invalidity in the travel document shall be marked. The relevant facts must be recorded in a comprehensible way.

Invalidity and non-reciprocity of visas

§ 27. (1) Visa shall become invalid if a ban on residence or expulsion is enforceable against the stranger.

(2) Visa shall be subject to the following conditions:

1.		a further visa with overlapping validity is issued;
2.		a residence permit with overlapping validity is issued, or
3.		the stranger Austrians, EEA citizens or Swiss citizens.

(3) The invalidity or non-validity of the visa shown in the travel document of a foreign person is to be identified in this travel document. For this purpose, any tourist authority which has a travel document on the occasion of an official act pursuant to this Federal Act is authorized.

Section 4

Exceptions to the visa requirement

Transit passengers

§ 28. (1) Foreigners who do not leave their transit area or the aircraft during an intermediate landing on an Austrian airfield (transit passengers) are not subject to the visa requirement.

(2) Insofar as public interests, in particular the fight against international or organised crime or terrorism, protect against circumvention of the obligation of inspection of visas or the relations of the Republic of Austria to others, States that so require, the Federal Minister of the Interior, in agreement with the Federal Minister for Foreign Affairs, may lay down, by means of a regulation, that nationals of certain states, holders of certain travel documents or travellers on certain itineraries for transit need a flight transit visa. Such foreign persons may, upon request, be granted a flight transit visa, provided that there is a valid travel document and that the above-mentioned public interests are not in conflict with that.

Holders of privileges and immunities

§ 29. Foreign nationals who have been issued with a photo ID in accordance with § 95 require a visa during the period of validity of this photo ID to stay in the Federal territory and to re-enter it.

Other exceptions to the visa requirement

§ 30. (1) foreign nationals who enjoy freedom of view and establishment on the basis of generally accepted rules of international law, a state treaty, a federal law or a directly applicable act of the European Union in Austria; do not require a visa to enter the federal territory.

(2) In so far as the Federal Government is authorized to conclude governmental agreements pursuant to Art. 66 (2) B-VG, it may agree to the granting of reciprocity in order to facilitate travel, provided that reciprocity is granted. without a visa to enter the territory of the Federal Republic of Germany and to stay in the territory.

(3) If it is in the public interest to facilitate travel, the Federal Minister of the Interior, in agreement with the Federal Minister for Foreign Affairs, is authorized to grant exemptions from the Federal Foreign Office for certain foreign countries by means of a Regulation. The obligation to pay a notice of intent. Unless a shorter period of time is determined in such a regulation, such foreign nationals shall be entitled to stay in the Federal territory for three months after entering the country.

(4) Children who do not have Austrian citizenship are exempted from the obligation to hold a visa during their first six months of life, provided that the mother or another person is entitled to the care and upbringing of the child, is established in the territory of the Federal Republic of Germany, as long as the person concerned remains legally established, in the case of derivation from the father, moreover, only if he or she has the right to care and education alone. In addition, there is freedom of vision for such children during the first six months of life, if and as long as their care and upbringing are to be attributed to an Austrian citizen with a primary residence in the federal territory alone.

(5) Foreign persons who are entitled to the status of the right of asylum or of the subsidiary entitled to protection in Austria do not require a visa for the legality of the entry.

Section 5

A condition for a lawful stay and a lawful departure

A prerequisite for a lawful stay in the Federal Republic of Germany

§ 31. Strangers are legally resident in the federal territory,

1.		if they have been legally entered and, during their stay in the Federal Republic of Germany, the periods or conditions of the entry title or the duration of the stay determined by intergovernmental agreements, federal law or the regulation are not have exceeded them;
2.		if, on the basis of a residence permit or a documentation of the right of residence, they are entitled to stay in accordance with the law on establishment or residence or on the basis of a regulation for displaced persons to stay in accordance with the law on residence or residence are;
3.		if they are holders of a residence permit issued by a Contracting State;
4.		as long as they have a right of residence in accordance with the provisions of asylum law;
5.		in so far as they did not have to be withdrawn on the basis of a readmission agreement (Section 19 (4)) or international practice or not on the basis of a transit declaration, other intergovernmental agreements or at the request of a Member States of the European Union have entered into a transit agreement (§ 48 para. 1) or have entered into a transit permit pursuant to § 67 ARHG (German Act on the Enforcement of the Agreement);
6.		if they have an employment permit in accordance with the Foreigners Employment Act with a period of validity up to six months, a posting permit, an EU posting permit, a confirmation of notification in accordance with § 3 para. 5 AuslBG or an employment permit Display confirmation in accordance with § 18 (3) of the AuslBG with a validity period of up to six months, or
7.		to the extent that this results from other federal regulations.

Obligations of the stranger to prove the right of stay

§ 32. (1) Strangers are obliged to issue to the authorities and their institutions the documents relevant to their right of residence in response to a request for the enforcement of this Federal Act, in order to determine the legality of the documents. the entry, residence and departure of the documents and, if necessary, accompanied by an institution, to the place where the documents are kept. This applies to EEA citizens and Swiss citizens only in so far as their identity and nationality cannot be proved without doubt by other means.

(2) Strangers are obliged to carry out their travel document with them or to keep them at such a distance from their respective place of residence that their collection (par. 1) without undue delay. The delay shall be proportionate if:

1.		the travel document is kept within the defra of the tourist office of the first instance of his/her stay, or
2.		the arrival of the passport is not expected to take longer than one hour.

(3) In duly substantiated cases, strangers shall be obliged to verify their right to reside in the territory of the Federal Republic of Germany, to provide information to the authorities and to the public security service bodies, upon request, for the purpose and intended purpose of the exercise. the duration of their stay in the territory of the Federal Republic of Germany and the possession of the funds for their maintenance.

(4) A foreign person who has a residence permit or a documentation of the right of residence in accordance with the law of establishment and residence, cards in accordance with § § 51 and 52 of the Asylum Act 2005 or a photo identification card for privileges and immunities (§ 95). (2), if they carry it with them, paragraph 2.

5. Main piece

Powers of the institutions of the Civil Security Service

Request for information

§ 33. (1) The bodies of the public security service are empowered, for the purposes of the concern of the tourist police, to request information from persons on the basis of a close-up relationship to a stranger or an incident relating to: a stranger to a stranger, they could be

1.		the illegal entry of a stranger;
2.		the illegal stay of a stranger, or
3.		Offences punishable under this Federal Act
Provide information.

(2) The exercise of coercive power to enforce this power shall be inadmissible.

Identity determination

§ 34. (1) The bodies of the public security service shall be empowered to establish the identity of a person;

1.		if it is to be assumed on the basis of certain facts that it would have entered the territory of the Federal Republic of Germany illegally, or would be illegal in the territory of the Federal Republic of Germany;
2.		if, on the basis of certain facts, it is to be assumed that there is an order for arrest (§ 74) against them, or

3. if, on the basis of certain facts, it is to be assumed that it would be a stranger outside of the area to which it is limited.

(2) The identification of the identity shall be the collection of the name, date of birth and the residence address of a person in his presence. It must be carried out with the reliability required by the event.

(3) The bodies of the public security service shall be informed of persons whose identity is to be established. Each person concerned is obliged to participate in the identification of his identity and to tolerate the direct enforcement of the identity of the person concerned.

Verification of the legality of entry and residence

§ 35. The institutions of the Public Security Service are empowered to review the legality of the entry and residence of strangers, if certain facts justify the assumption that the foreign law is illegal in the territory of the Federal Republic of Germany. , or is in breach of this law, unless it can be determined by the determination of identity with the necessary security.

Entering of land, operating points, work stations, rooms and vehicles

§ 36. (1) The bodies of the public security service shall be authorized to enter land, premises, premises, places of work and vehicles, to the extent that:

1.		a search contract (§ 75) is available and this is necessary for the enforcement of this order;
2.		, on the basis of certain facts, it is justified that this is necessary in order to have the habit of strangers in which trafficking is committed (sex) or in contravention of the rules on prostitution;
3.		on the basis of certain facts, the assumption is justified that there are at least five strangers in it, including strangers who are not legally resident in the territory of the Federal Republic of Germany, or
4.		on the basis of certain facts, the assumption is justified that this is necessary in order to enter foreign nationals who are not legally resident in the territory of the Federal Republic of Germany in the event of an unauthorised activity.

(2) In the cases referred to in paragraph 1 (3) and (4), Section 13 (3) shall apply only in so far as there is an official order or danger in default that the immediate intervention is required.

(3) In the cases referred to in paragraph 1, a certificate of entry and the reasons of entry shall be sent to the party concerned at his request either immediately or within the next 24 hours.

Searching people

§ 37. (1) The bodies of the Public Security Service are authorized, for the purpose of ensuring evidence (§ 38), to search the clothes and the carried containers of strangers, if:

1.		they have been arrested under this federal law, or
2.		the suspicion exists that they are not legally resident in the territory of the Federal Republic of Germany and that they have evidence which is of importance for deportation, transit, deportation or rejection.

(2) Prior to a search pursuant to paragraph 1, the stranger shall be called upon to give all the evidence carried along voluntarily; if he comes to this request, the search shall not be carried out.

Ensuring evidence

§ 38. (1) The bodies of the Public Security Service are empowered to have objects and documents necessary for a procedure or for deportation, transit, repatriation or rejection pursuant to this Federal Act as evidence shall be provisionally ensured.

(2) As evidence, objects or documents which are required in the course of the enforcement of a expulsion or a stay ban, in particular for obtaining a replacement travel document for the deportation, shall also apply.

(3) A written confirmation shall be issued to the person concerned about the securing of evidence; the evidence shall be handed over to and from the tourist authority as soon as it is no longer for proceedings or for deportation, The person concerned must be repatriated, repatriated or rejected in accordance with this federal law, unless they are to be ensured in accordance with another federal law.

Arrest

§ 39. (1) The bodies of the Public Security Service are empowered to arrest a stranger before the Authority for the purpose of a performance which is essential for the purpose of securing the procedure, if:

1.		enter it upon commission of an administrative surrender in accordance with § 120 in the case of a fresh act or
2.		He does not comply with his obligation under Section 32 (1).

(2) The institutions of the Public Security Service are authorized to arrest a stranger;

1.		(Article 74 (1) or (2)), in order to bring it forward to the Authority;
2.		which shall be entered within seven days of entry in the event of non-lawful residence, or
3.		who has entered on the basis of a declaration of acceptance (§ 19).

(3) The bodies of the Public Security Service are empowered to arrest asylum-seekers and strangers who have submitted an application for international protection for the purpose of performance before the Authority, if:

1.		have been issued against this one enforceable expulsion (§ 10 of the Asylum Act 2005);
2.		an expulsion procedure under § 27 of the Asylum Act 2005 was initiated;
3.		is subject to a enforceable expulsion (§ § 53 or 54) or a enforceable ban on residence (§ 60) against the application for international protection before the application for international protection has been issued, or
4.		Due to the results of the survey, the search and the recognition service, it is to be assumed that the foreign application for international protection will be rejected for examination in the absence of Austria's jurisdiction.

(4) In the cases of Section 1 (1) (1) (2) (2) and (3), the arrest may be prevented if it is ensured that the foreign country immediately leaves the territory of the Federal Republic via an external border.

(5) The competent tourist authority shall be notified of the arrest without any unnecessary delay. The holding of a foreigner is permissible in the cases of paragraph 1 up to 24 hours and in the cases of para. 2 and 3 up to 48 hours; moreover, deprivation of liberty is only possible in drawers. The arrested stranger must confirm the arrest of the arrest of his or her request in writing.

(6) Foreign persons, for which a transfer order has been issued for the purpose of transit (Section 74 (3)), shall be accepted by bodies of the public security service after entry into the country of residence; the holding shall be permitted up to 72 hours. If the transit cannot be completed during this period, further deprivation of liberty shall be permitted only if the authority is responsible for the detention. It is not necessary to notify the Authority of the acquisition of such a stranger.

Rights of the arrested

§ 40. (1) Everyone, in accordance with § 39 (1) to (3), is to be informed in a language comprehensible to him of the reasons for his arrest and, in the case of § 39 paragraph 1 Z 1, of the accusations against him.

(2) At the request of such a detainted person, the consular post of his home country shall be immediately informed of his or her holding. § 36 para. 4 VStG and § 47 SPG apply.

Hindering the entry and rejection

§ 41. (1) The bodies of the Public Security Service are authorized to prevent strangers who are attempting to enter the territory of the Federal Republic of Germany from entering the territory of the Federal Republic of Germany.

(2) The bodies of the public security service are authorized to enter into the territory of the border crossing points of the border and at airports, in ports and in the territory of the Federal Republic of Germany to foreign countries which attempt to enter or enter the territory of the Federal Republic of Germany. To prevent the movement of trains within the border control area on entry or further travel (refoulement), if:

1.		whose entry is not lawful;
2.		is subject to a enforceable ban on residence and has not been granted a permit for re-entry (§ 72);
3.		a State Party has informed a State Party that its stay in the territory of the States Parties would endanger public order or national security, unless they have issued a residence permit issued by a State Party or by a State Party of Austria Entry Title;
4.		they are authorized to enter the country legally, but certain facts justify the assumption that:
a)			their stay in the federal territory would endanger the public order or security or the relations of the Republic of Austria to another State;
b)			they intend to take up gainful employment in the territory of the Federal Republic of Germany without the necessary permits;
c)			they will commit or participate in the trawling in the territory of the Federal Republic of Germany;
5.		they have no domitic residence and do not have the means to confront the costs of their stay and their re-departure;
6.		Certain facts justify the assumption that they wished to stay in the Federal territory for the intentional commission of financial offences, with the exception of irregularities, or to deliberate infringements of the law of the devises Use rules.

(3) The admissibility of the entry shall be decided on the basis of the facts made by this credibly or otherwise known facts, according to the question of the foreign person. The rejection shall be shown in the travel document of the foreign. This registration shall be deleted at the request of the person concerned, provided that the unlawfulness of the registration has been established by the independent administrative Senate.

Backup of rejection

§ 42. (1) If a stranger who is to be rejected does not immediately leave the border control area for legal or actual reasons, he may, at any time, leave the territory of the Federal Republic to leave the territory of the Federal Republic of Germany for the purpose of securing the refoulement. are to be applied for the time of this stay at a certain location within this area.

(2) Foreigners who entered with an air, land or watercraft of a carrier can be prohibited from leaving the vehicle or ordered to leave the vehicle in order to secure the refusal to leave the vehicle, they can leave the federal territory, to go.

(3) For strangers whose rejection is to be secured, the place of the stay in the place of Section 53c (1) to (5) of the VStG shall apply.

Transit Backup

§ 43. (1) A foreigner who, on the occasion of a border control, is to be a transit traveller, is to refuse to stay in the transit area (transit assurance) if:

1.		in the light of concrete circumstances, the re-departure of the stranger does not appear to be secure,
2.		refusing to enter the country after his first stay in the transit area from the State to which he has traveled, and he has been sent back to Austria, or
3.		the stranger does not have the required flight transitum.

(2) The transit security shall be connected with the request for immediate departure; if it is not immediately possible, the stranger may be applied for the time until departure at a certain place in the border control area. . Section 42 (2) shall apply.

(3) The transit security shall be shown in the travel document of the foreign person. This registration shall be deleted at the request of the person concerned, provided that the unlawfulness of the registration has been established by the independent administrative Senate.

Referral back to escort

§ 44. The Authority may instruate the public security service bodies to accompany a stranger, who is refused at a border crossing point on an airfield, on his return flight.

Return

§ 45. (1) strangers may act on behalf of the public security service on behalf of the authority to return to another country (repatriation) if they are not

1.		are not lawfully entered into the federal territory and shall be entered within seven days, or
2.		have had to be withdrawn within seven days of entering the territory of the Federal Republic of Austria on the basis of a takeover agreement or international customs.

(2) In the case of contracts as referred to in paragraph 1, the Authority may grant the public security service bodies the order to accompany the repatriation of a stranger.

(3) The deportation shall be made visible in the travel document of the stranger. This registration shall be deleted at the request of the person concerned, provided that the unlawfulness of the registration has been established by the independent administrative Senate.

6. Main piece

Deportation, territorial restriction and transit

Deportation

§ 46. (1) Foreigners who are subject to a ban on residence or expulsion (§ § 53, 54 and § 10 Asylum Act) may, on behalf of the public security service, act on the mission of the public security service (deportation) if:

1.		the monitoring of their exit seems to be necessary for reasons of maintaining public order or security; or
2.		they have not complied with their obligation to leave (§ 67, § 10 of the Asylum Act) in time or
3.		on the basis of certain facts, it is to be feared that they would not comply with their obligation to travel; or
4.		they have returned to the territory of the Federal Republic of Germany.

(2) If the stranger does not have a travel document and the deportation cannot be carried out without such a travel document, the authority shall obtain a replacement travel document for the deportation or a replacement travel document at the representative authority responsible for the removal of the deportation. To issue a travel document for the return of third-country nationals. Section 97 (1) applies.

(3) The deportation of a foreigner shall be deferred on request or on its own account for certain periods of time not to exceed one year in each case (deferment of deportation) if it is inadmissible (§ 50) or seems impossible for actual reasons. § 69 shall apply to the revocation.

(4) In the case of relatives (§ 72 of the German Civil Code), if the conditions for deportation are submitted at the same time, the authority shall, when issuing the order for deportation, order measures to ensure that the effect on the deportation is carried out on the basis of the family life of these strangers remains as low as possible.

(5) The deportation shall be made visible in the travel document of the foreigner, provided that the deportation is not made inadmissible or impossible. This registration shall be deleted at the request of the person concerned, provided that the unlawfulness of the registration has been established by the independent administrative Senate.

Territorial restriction

§ 47. (1) Foreigners who have been issued for expulsion or a ban on residence may, if necessary for the purposes of the enforcement of the Foreign Police or for reasons of public order and security, be given notice of their of a restricted area of the federal territory. In any case, this area includes the sprinkling of a district administrative authority. In addition, when it is necessary for the execution of the tourist police or for reasons of public order and security, the foreign orders, in particular, can be carried out at periodic intervals with a police command (§ 10 para. 1 SPG). shall be issued. The territorial restriction has to be limited to one year at the latest. The conditions are to be made visible in the travel document of the foreigner.

(2) If the stay is restricted to a certain area of the Federal territory, the borders of this area are to be brought to the attention of the strangers in a demonstrable way.

Passing through

§ 48. (1) Foreigners shall be transported by the institutions of the public security service on behalf of the authority from abroad through the territory of the Federal Republic to foreign countries (transit) if this is in a transit declaration according to a Intergovernmental agreement on the transit of foreign nationals who are not nationals of the contracting states (§ 49), on the basis of other intergovernmental agreements or at the request of a Member State of the European Union is arranged.

(2) The transit with the aim of entering a State in which the foreign person is threatened in accordance with Section 50 (1) or (2) shall be inadmissible.

Pass-through agreement

§ 49. (1) Provided that the Federal Government is authorized to conclude governmental agreements pursuant to Article 66 (2) B-VG, it may, provided that reciprocity is granted, inter-State agreements on the transit of Third parties who are not members of the contracting states.

(2) In agreements referred to in paragraph 1, provision should be made for:

1.		Transit shall only be carried out at the request of a contracting State and may be carried out if the transit and the transfer are secured by the target State;
2.		the transit is to be rejected if the stranger is in another country of transit or in the target country
a)			the risk of being subjected to inhuman treatment or punishment or the death penalty; or
b)			threatened in his life or liberty on the grounds of his race, religion, nationality, membership of a particular social group or his political views;
3.		the transit can be refused if the stranger would have to be prosecuted for a criminal offence.

7. Main piece

Refoulement prohibition

Prohibition of deportation, deportation and refoulement

§ 50. (1) The rejection, the hindment of entry, deportation or deportation of strangers to a State is inadmissible if this is the case by Art. 2 or 3 of the European Convention on Human Rights (ECHR), BGBl. No 210/1958, or Protocol No 6 or No 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms, on the abolition of the death penalty, or a serious threat to life or to life for them as a civil person, Insecurity would be linked to indiscriminate violence in the context of an international or national conflict.

(2) The refusal or repatriation of strangers to a State or the removal of entry from a State shall be inadmissible if there are valid grounds for believing that their life or their freedom on the grounds of their race, their freedom, and their freedom, are Religion, nationality, membership of a particular social group or its political views would be threatened (Art. 33 Z 1 of the Convention on the Legal Status of Refugees, BGBl. N ° 55/1955, as amended by the Protocol on the Status of Refugees, BGBl. No 78/1974), unless there is an alternative domestic escape alternative (§ 11 Asylum G 2005).

(3) Strangers who rely on one of the hazards referred to in paragraph 1 or 2 may not be rejected or deferred until they have had the opportunity to explain the reasons for which they are based. In such cases, the Tourism Authority shall be informed of the facts and shall then have to decide whether to reject the matter.

(4) The deportation of strangers to a State in which they are not threatened in the meaning of paragraph 2, however, in the meaning of paragraph 1, shall be admissible only if, for important reasons, they constitute a threat to the security of the republic or if they constitute a threat to the security of the Republic of the Republic of National court has been finally convicted of a particularly serious crime and, because of this criminal conduct, is a danger to the Community (Art. 33 Z 2 of the Convention on the Status of Refugees).

(5) The existence of the conditions set out in paragraph 4 shall be determined by communication. This is the case in those cases where a request for international protection is dismissed or where asylum is being recognised, the asylum authorities, otherwise the security directorate.

(6) The deportation to a State shall be inadmissible for as long as the expulsion is contrary to the recommendation of a provisional measure by the European Court of Human Rights.

(7) The refusal, the deportation or deportation of strangers whose application for international protection has been rejected in accordance with the Asylum Act 2005 on the grounds of Austria's lack of jurisdiction is not possible in the third country, is not the case. to inform the Federal Asyls Office immediately.

(8) § 51 (3), (1). Set, applies.

Determination of the inadmissibility of deportation to a particular State

§ 51. (1) At the request of a stranger, the Tourism Authority shall determine whether there are valid grounds for believing that this foreign person is threatened in a State designated by him pursuant to Section 50 (1) or (2). This does not apply in so far as the question of the inadmissibility of the deportation to a particular State is the decision of an asylum authority or it has established that there is protection against persecution for the stranger in a third country.

(2) The application may only be submitted during the procedure for the release of a expulsion or a ban on residence; this is to be brought to the attention of the foreign party in good time.

(3) In cases where the investigation of the relevant facts is encountering particular difficulties, the Tourism Authority may seek a statement from the Federal Office for the existence of a Threat. Appeals against cases in which the admissibility of the deportation to a particular State has been established shall be decided within the period of the week, unless the holding had previously ended.

(4) To the final decision on the application, the foreign person may not be deported to this State unless the application is to be rejected in accordance with paragraph 1 or 2. After deportation of the foreign to another state, the arrest procedure must be disregarded as being subject to the law.

(5) The communication with which a final decision has been taken on an application in accordance with paragraph 1 shall be amended at the request or on its own account if the relevant facts have changed substantially, so that the decision with regard to that country shall be would have been different. Pending a final decision on such a request, the stranger may only be deported to the State concerned if the application is manifestly to be rejected because of a decisive cause.

8. Main piece

Tasks and powers of the tourist authorities

Section 1

Official measures for the exercise of the tourist police

Duties of the tourist police authorities in the field of tourist police

§ 52. (1) The tourist authorities shall have:

1.		to monitor the entry into and residence in the territory of the Federal Republic by strangers;
2.		prevent or end the illegal entry into and the illegal residence of strangers; and
3.		prevent or end the entry or residence of strangers,
if this is necessary from public interests, in particular for reasons of security police, criminal justice or public health.

(2) The prevention or immediate termination of criminal acts in accordance with this Federal Act shall be the responsibility of the tourist authorities. An unlawful departure over an external border must be tolerated.

Section 2

Expulsion

Expulsion of strangers without residence permit

§ 53. (1) strangers may be expelled if they are not legally resident in the territory of the Federal Republic of Germany.

(2) Foreigners who do not have a residence permit or who have no freedom of view or establishment (§ § 21 (8) and 30 (1)) are, unless the conditions for the imposition of a stay ban are met, with a communication to expel if it

1.		have been convicted by a criminal court for an offence committed within three months of the date of entry, even if not legally binding;
2.		within three months of entry into the commission of an act of fresh deed, or, immediately after the act of committing the offence, have been credibly accused of the perpetrator of the offence, if, moreover, the criminal act has been carried out with a considerable amount of A statement by the competent prosecutor is to be reported to the Federal Minister of Justice in accordance with Section 74 of the ARHG (German Federal Ministry of Justice);
3.		have failed to comply with the rules governing prostitution within three months of the date of entry into force;
4.		no proof of possession of the funds for their maintenance within three months of the date of entry, or
5.		enter into employment within three months of the entry of an institution of the customs authority, the regional offices or the national offices of the Labour Market Service, in the case of employment which they shall enter under the Foreigners Employment Act should not have been carried out.

(3) An entry in accordance with paragraph 2 (2) (5) shall be the same as the notification of a customs authority or a branch of the Labour Market Service concerning the inadmissibility of employment under the Foreigners Employment Act, provided that the foreign person in the case of this employment Employment has been entered by a body of the public security service.

Expulsion of strangers with residence permits

§ 54. (1) A foreign person who is staying in the Federal territory on the basis of a residence permit or during an extension procedure may be expelled if he/she is informed if:

1.		if a reason for failure to act subsequently becomes known which would be contrary to the granting of the last residence permit issued, or
2.		the granting of a further residence permit is contrary to a reason for failure.

(2) Weiters are strangers who are staying in the Federal territory on the basis of a residence permit or during an extension procedure, to be issued with a communication if they have been granted a settlement permit, they are responsible for the placement of the work In the first year of their establishment, they have not been able to pursue an activity in an unselfemployed capacity for more than four months.

(3) Strangers shall be issued with a communication if they have not fulfilled the integration agreement within five years after the first residence permit has been issued for reasons exclusively to be represented by them, and the facts of the case are: To justify the assumption that they are not prepared to acquire the ability to participate in social, economic and cultural life in Austria; the protection of private and family life (§ 66) must be taken into account.

(4) In addition, strangers must be informed if they fail to comply with the integration agreement for reasons which are exclusively to be represented by them within three years after the date of issue of the first office of injunction have started and can justify the assumption that they are not prepared to acquire the ability to participate in social, economic and cultural life in Austria; the protection of private and family life (§ 66) is shall be considered.

(5) Finally, strangers who are residing in the Federal territory on the basis of a residence permit or during an extension procedure may be expelled if they are informed of

1.		a residence permit has been issued in order to guarantee the family retreat and the conditions for the withdrawal of the family have been omitted before the expiry of five years from the date of establishment of the family; or
2.		has been granted a settlement permit, has been established for more than one year but less than five years in the Federal Republic of Germany, and has not been engaged in an activity that has been permitted for a period of almost continuous periods of time for one year.

Residence permit for foreign residents with a residence permit

§ 55. (1) Foreigners who have been legally established in the territory of the Federal Republic of Germany for a period of five years, but not eight years before the date of completion of the relevant facts, may not have their own resources to support them, in the absence of sufficient resources. Health insurance cover, lack of own accommodation or due to the possibility of a financial burden on a local authority. This is true, however, only if and as long as it can be seen that the stranger is anxious to secure the means for its maintenance by the use of its own forces, and this does not seem hopeless.

(2) strangers who have been legally established in the territory of the Federal Republic of Germany for eight years before the relevant facts have been established may only be expelled if they are brought by a national court for the purpose of committing an offence. criminal act, and their further residence would endanger public order and security.

(3) If the period referred to in paragraph 2 has already taken ten years, strangers may no longer be expelled because of the effect of a reason for failure, unless they are from a domestic court

1.		because of a crime or trawling, aided by unauthorised residence, entry or placement of a residence permit, or pursuant to § 27 (2), 28 (1) and 32 (1) of the Suchtmittelgesetz (SMG), BGBl. I No 112/1997, or after the existence of the 16. or 20. Section of the Special Part of the StGB or
2.		because of an attachment which is based on the same harmful inclination (§ 71 of the Criminal Code), such as another offence committed by them, the conviction of which is not yet satisfied, to an unconditional custodial sentence of more than six months
have been finally convicted.

(4) Foreigners who have grown up from small to domestic and who have been legally established here for many years shall not be expelled without prejudice to § 61 Z 4. In any case, strangers have been established in the federal territory for many years if they have spent half of their life in the Federal Republic of Germany and have been settled here for at least three years before the relevant facts have been achieved.

(5) The convictions referred to in subsection (2) and (3) shall be subject to convictions of foreign criminal courts if they meet the requirements of § 73 StGB (German Criminal Code).

Residence permit for foreigners with a residence permit "Permanent residence-EC" or with "permanent residence-family member"

§ 56. (1) Only more foreign nationals who have been legally established in the long term before the relevant facts have been established and who have a residence permit "permanent residence-EC" or "permanent residence" may only be expelled from the country of residence. if their further stay would pose a serious threat to public order or security.

(2) As a grave danger in the sense of paragraph 1, it shall apply in particular if a stranger from a domestic court

1.		because of a crime or trawling, aid for unauthorised residence, entry or placement of a residence permit, or pursuant to Sections 27 (2), 28 (1) and 32 (1) of the SMG, or in accordance with an act of 16. or 20. Section of the Special Part of the StGB or
2.		because of an attachment which is based on the same harmful inclination (§ 71 of the Criminal Code), such as another offence committed by them, the conviction of which is not yet satisfied, to an unconditional custodial sentence of more than six months
has been legally convicted.

(3) § 55 (4) and (5) apply.

Appeals against expultions

§ 57. If a proper appeal is taken against expulsion and if the stranger does not comply with the appeal at the time of the appeal decision in the Federal territory, the appellate authorities have only to determine whether the deportation to the The date of the release was legal.

Dismise of the suspenseable effect of an appeal

§ 58. The appeal against expulsion in accordance with § 53 shall be dismissed if the immediate departure of the foreign is necessary in the interests of public order and security. The appeal against expulsion in accordance with § 54 may not be dismissed by the suspelling effect.

Non-reciprocity of expulsion

§ 59. (1) An expulsion shall be subject to any action if the person concerned has complied with his/her obligation to leave (Section 67). § 73.

(2) An expulsion shall also be subject to an item of residence if the person concerned is given a residence permit in accordance with the law on the establishment of a residence and residence.

Section 3

Ban on residence and the ban on return

Conditions for the ban on residence

§ 60. (1) A ban on residence may be issued against a stranger if, on the basis of certain facts, the assumption is justified that his stay

1.		the public order and security are at risk, or
2.		Other public interests referred to in Article 8 (2) of the ECHR.

(2) As a specific fact in the meaning of paragraph 1, it shall be considered, in particular, when a stranger

1.		by a national court to an unconditional custodial sentence of more than three months, to a partially contuted custodial sentence, to a conditionally contuted custodial sentence of more than six months, or more than once for the reasons on the has been finally convicted of the same harmful inclination of criminal acts;
2.		more than once because of an administrative surrender pursuant to Section 20 (2) of the Road Traffic Regulations 1960 (StVO), BGBl. No. 159, i.c.w. Section 26 (3) of the German Code of Driving Licensees (FSG), BGBl. No 120/1997, pursuant to § 99 (1), 1a, 1b or 2 of the StVO, according to § 37 (3) or (4) FSG, in accordance with § 366 (1) Z 1 of the 1994 Commercial Code (GewO), BGBl. No. 194, in respect of a subject-subject, bound trade, in accordance with § § 81 or 82 of the SPG, or in accordance with § § 9 or 14 in conjunction with § 19 of the Assembly Act 1953, BGBl. No 98, or more than once because of a serious transgressing of this federal law, the law of the establishment and residence, the border control act, the law on registration, the law on the security of dangerous goods or the law of the Foreign employment law has been punished by a final legal penalty;
3.		in the territory of the Member State concerned, has been legally punished for intentionally committed financial offences, with the exception of a financial irregularities, or for intentionally committed infringements of the provisions of the law on devises;
4.		in the territory of the country, a serious breach of the rules governing prostitution has been legally punished, or has been finally convicted in Germany or abroad for pimping;
5.		having committed or participated in the trawl;
6.		, to an Austrian authority or to its institutions, has made incorrect information about his/her person, his personal circumstances, the purpose or the intended duration of his/her stay in order to be able to enter-or to to obtain the right of residence;
7.		cannot prove the possession of the funds for its maintenance, unless it has been legally entered into the labour market and, within the last year, has been in the territory of the country for more than six months in which to work;
8.		is entered by an institution of the customs authority, the regional office or the national office of the labour market service in the case of employment which it would not have been able to exercise under the Foreigners Employment Act;
9.		a marriage is concluded, is called for the grant of a residence permit or a marriage exemption on marriage, but with the spouse has never led a common family life in the meaning of Article 8 ECHR;
10.		instead of having been accepted, and the obtaining or retention of the right of residence for the sole or sole reason for the adoption of a child, the court has deceived the true circumstances of the elective parents;
11.		has entered again within 12 months of enforceability of an expulsion without the special authorisation pursuant to section 73;
12.		on the basis of certain facts, justifies the assumption that it belongs or has been a member of a criminal organisation (Section 278a of the StGB) or of a terrorist organisation (§ 278b StGB);
13.		on the basis of certain facts, justifies the assumption that it is due to its conduct, in particular by public participation in violence, by the public call for violence or by inflammatory calls or irritation, at risk of national security, or
14.		publicly, in a gathering or by propagating writings, a crime against peace, a war crime, a crime against humanity, or terrorist acts of comparable weight, or advertises it.

(3) A conviction in accordance with paragraph 2 does not exist if it is already tilted. Such a conviction, however, is present if it was carried out by a foreign court and meets the requirements of § 73 StGB.

(4) A conviction pursuant to paragraph 2 Z 1 shall be considered to be equivalent to a court order in an institution for mental abnormality if the act is carried out under the influence of a state excluded from the capacity of the institution to be responsible for the settlement of the offence. , which is based on a mental or mental abariness of higher degrees.

(5) An entry in accordance with paragraph 2 (2) (8) shall be the same as the notification of a customs authority or a commercial office of the Labour Market Service concerning the inadmissibility of employment under the Foreigners Employment Act, provided that the foreign person in the Employment has been entered by a body of the public security service.

(6) § 66.

Inadmissibility of a residence ban

§ 61. A residence ban may not be issued if:

1.		the stranger in the cases of § 60 paragraph 2 Z 8 under the provisions of the Foreigners Employment Act may have had other employment for the same service provider and for the employment at which the foreign was entered, no a change of purpose or a change of purpose would have been permitted;
2.		an expulsion pursuant to Section 54 (1) would be inadmissible on account of the relevant facts;
3.		To the stranger before the relevant facts have been attained the citizenship of the State pursuant to § 10 (1) of the German Civil Law Act 1985 (StbG), Federal Law Gazette (BGBl). No 311, unless the stranger would have been legally convicted of at least one unconditional one-year term of imprisonment on account of a court offence or would be one of those in § 60 (2) (12) to (12) 14.
4.		the stranger grew up from small to domestic and is legally established here for many years, unless the stranger would be legally sentenced to more than one unconditional two-year prison sentence on account of a court-punishable offence or would have one of the facts referred to in § 60 (2) (12) to (14).

Conditions for the return ban

§ 62. (1) A return ban may be issued against an asylum seeker if, on the basis of certain facts, the assumption is justified that his stay

1.		the public order and security are at risk, or
2.		Other public interests referred to in Article 8 (2) of the ECHR.
The return ban is deemed to be the withdrawal of the right of residence. § 13 Asylum Act applies.

(2) Certain facts within the meaning of paragraph 1 are, in particular, those of § 60 (2) (1) to (5), (8) to (10) and (12) to (14).

(3) § § 60 (3) to (5) and (66) apply.

(4) A legally enforceable prohibition of return shall be deemed to be a ban on residence.

(5) If it is necessary for reasons of public policy and public security, the return ban on the residence of the asylum seeker may be restricted to a specific area of the territory of the Federal Republic of Germany; in any case, this area shall include: Sprengel of a district administrative authority. Furthermore, if it is necessary for the same reasons to report orders to the asylum seeker, in particular at periodic intervals at a police command, they may be issued. The conditions are to be made in the travel document or in the card according to the Asylum Act 2005 of the foreigner.

(6) If the residence of the asylum seeker is restricted to a certain area of the Federal territory, it is demonstrably to be shown that the territory of the territory is subject to the limits of a plan.

Period of validity of the ban on residence or of the return ban

§ 63. (1) A ban on residence or a ban on return may be issued in the cases of § 60 (2) (1), (5) and (12) to (14) for a period of not more than ten years.

(2) In determining the period of validity of the prohibition of residence or of the prohibition of return, consideration shall be given to the circumstances that are relevant to his or her release. The period shall begin to run with the entry of enforceability.

Dismise of the suspenseable effect of an appeal

§ 64. In the case of foreign nationals who are legally resident in the territory of the Federal Republic of Germany, the suspensive effect of an appeal against a ban on residence or a ban on return may be excluded if the immediate exit of the foreign person or the immediate Enforceability is required in the interests of public order or for reasons of national security.

Repeal and repeal of the prohibition of residence or of the prohibition of return

§ 65. (1) The prohibition of residence or the prohibition of return shall be waived on request or on its own initiative, if the reasons which led to its release have been omitted.

(2) The prohibition of residence or the prohibition of return shall not enter into force if the status of the person entitled to asylum is granted to a stranger. Furthermore, the prohibition of return comes out of force if the status of the subsidiary entitled to protection has been recognized by the stranger, without the fact that an expulsion pursuant to Section 10 (2) of the Asylum Act has been connected with it.

(3) The ban on residence shall be prohibited if a stranger is granted the status of the subsidiary entitled to protection. A territorial restriction associated with a non-return ban will be subject to the same conditions. As long as the status of subsidiary protection is granted, the return ban will have no effect. The return ban is to be reviewed by the Office after each extension of the right of residence (§ 8 Asylum Act).

(4) If the status of the subsidiary entitled to protection is recognized and an expulsion is enforceable, the prohibition of return in the case of expulsion shall be deemed to be a ban on residence.

Section 4

Common procedural provisions

Protection of private and family life

§ 66. (1) If an expulsion into the private or family life of the foreign person has been carried out, the expulsion shall be admissible if this is urgently required in order to achieve the objectives set out in Article 8 (2) of the ECHR.

(2) In any event, expulsion pursuant to Section 54 (1), (3) and (4) shall not be issued if the effects on the living conditions of the foreign and his family weigh more seriously than the adverse consequences of the distance from his or her release. In the light of this consideration, consideration shall be given, in particular, to the following circumstances:

1.		the duration of the stay and the extent of the integration of the stranger or of his/her family members;
2.		the intensity of family or other ties.

Travel obligation and enforcement order

§ 67. (1) The expulsion of strangers in accordance with § § 53 or 54 and the ban on residence shall be enforceable with the entry of the legal force; the foreign shall then have to rest immediately. The entry of enforceability shall be deferred for the duration of a deprivation of liberty on which a penalty threatened with punishment has been recognized. The authority may, on request during the procedure for the release of a foreign expulsion, postpone the entry of the enforceability to a maximum of three months in accordance with § 53 (1) or (54) or a residence ban (suspension of enforcement); For this purpose, the public interest must be weighed against the circumstances which the stranger has to take into account in regulating his personal circumstances.

(2) If the authority has ruled out the suspensing effect of an appeal against a foreign expulsion pursuant to § 53 or against the ban on residence (§ § 58 and 64), the latter shall be enforceable with the provocation; the foreign shall then immediately Iron.

Enforcement order requirements

§ 68. (1) In order to ensure that the enforceability of an expulsion or a ban on residence is to be enforceable, the Authority may lay down the conditions required for this purpose in the interests of maintaining public order or public security. The purpose of the stay is to be taken into consideration.

(2) Obligations within the meaning of paragraph 1 are in particular:

1.		the restriction of the stay to a specific sprinkle of a district administrative authority, which, in the event that the foreign has a place of residence in the territory of the Federal Republic, must include the latter in any case;
2.		the obligation to report at periodic intervals to a police command.

(3) The conditions laid down in paragraph 1 shall be made visible in the travel document of the foreign person.

Revocation of the enforcement order

§ 69. The enforcement order shall be revoked if:

1.		become aware of facts which would have justified its failure;
2.		the reasons for the grant have been omitted, or
3.		the stranger, during his further stay in the federal territory, sets a behavior that requires immediate exit from the reasons mentioned in section 54 (1).

Specific procedural provisions

§ 70. Enforceable expulsions, prohibitions or prohibitions of return shall be made visible in the travel document of the stranger, provided that the deportation is not made inadmissible or impossible. In a procedure for the omission of expulsion, a ban on residence or a ban on return, the stranger shall, at the request of the authority, appear in person to appear before the latter.

Section 5

Enforcement of return decisions of EEA States

§ 71. (1) In the case of third-country nationals who do not have a residence permit, the legally enforceable, enforceable return decision of a Member State of the European Economic Area shall be equivalent to a enforceable expulsion if:

1.		the return decision is justified by the serious and acute danger to public security and order or to national security, and
a)			is based on the criminal conviction of a criminal offence punishable by at least one year's imprisonment, or
b)			, because there are reasonable grounds for suspecting that the third-country national has committed serious criminal offences or where there are concrete indications that he is planning such acts in the territory of a Member State, or
2.		the return decision has been taken because the third-country national has failed to comply with the entry and residence provisions of the issuing State.

(2) In the case of third-country nationals who have an Austrian residence permit and who are subject to a return decision pursuant to paragraph 1 (1) (1), the Tourism Authority shall have a procedure for the withdrawal of the residence permit. . If the office of establishment and residence does not withdraw the residence permit, the return decision shall not be enforced. § 50.

(3) National decisions pursuant to § § 53, 54, 60 and 62 shall be submitted in accordance with paragraphs 1 and 2.

6.

Special permits

Re-entry during the period of validity of a residence ban

§ 72. (1) During the period of validity of the residence ban, the foreigner shall not be allowed to enter again without authorization.

(2) The authorization for re-entry may be granted to the stranger on request, if this is necessary for important public or private reasons, the reasons for the prohibition of stay are not contrary to that and also otherwise no The reason for the visa failure is available. The authorization shall also determine the period of validity of the validity of the licence.

(3) The authorization may be subject to conditions in the interests of maintaining public order or public security; this should be taken into consideration for the purpose of the stay. Conditions include, in particular, the pre-registration of certain border crossings and itineraries, the restriction of residence to the sprinkles of a district administrative authority, and the obligation to take periodic intervals at a police command. report. The issue of conditions must be made clear in the travel document.

(4) The authorization shall be issued in the form of a visa, irrespective of the existence of a valid residence ban.

(5) The authorization shall be revoked if facts are subsequently disclosed which would have justified their failure, if the reasons for their grant have been omitted or if the stranger behats during his/her stay in the Federal territory , the

1.		in connection with the reasons for the ban on residence, the immediate enforcement of which requires or is not required to be enforced without delay; or
2.		the absence of a expulsion or, more recently, the release of a ban on residence.

(6) The authorization shall be revoked by invalidity in the travel document.

Special authorisation after refoulement, deportation and expulsion

§ 73. (1) Foreigners who are entitled to enter and reside in the Federal territory without a visa require, with the exception of the cases of § § 21 (8) and 30 (1) for the period of one year after a refusal pursuant to § 41 (2) (4) and (6), after a deportation or expulsion to enter the territory of the Federal Republic of Germany and to stay in the territory of a special permit.

(2) The residence permit shall be issued in the form of a visa for a period of three months not overdue. § 72 (3), 5 and 6 shall apply.

Section 7

Arrest, take-over and search orders

Arrest Order and Takeover Order

§ 74. (1) The authority may order the arrest of a stranger even without the release of a detention order (arrest order) if, on the basis of certain facts, it is to be assumed that the conditions for the release of a expulsion or of an expulsion order are the prohibition of residence permits; and

1.		the stranger, without sufficient excuse, did not comply with a charge assigned to him on his own account, in which he was threatened with the use of such means, or
2.		The residence of the stranger could not be determined, but his last known stay is in the authority of the authority.

(2) A arrest order may be issued against a stranger even then,

1.		if the conditions for the imposition of the detention are in accordance with Article 76 (1) and do not take place for other reasons before the Office of the Tourist Office;
2.		if he has not complied with his obligation to leave (§ 67, § 10 Asylum Act), or
3.		if an order for deportation (§ 46) is to be issued against the stranger.

(3) A takeover order shall be issued for a stranger who is to be carried through (§ 48).

(4) Arrest and Takeover Order shall be carried out in the exercise of administrative authority; they shall be informed.

(5) In the cases referred to in paragraphs 1 and 2, a copy of the arrest order shall be sent to the party concerned at his request either immediately or within the next 24 hours.

Search Order

§ 75. (1) If it is to be assumed, on the basis of certain facts, that a stranger against which a contract of arrest has been issued or is to be subject to a detention order is to be found in certain premises within the level of the authority, the latter may, if: it appears necessary for the enforcement of the arrest order or for the execution of the detention order to give the public security service bodies the order to enter and search the premises.

(2) The order in accordance with paragraph 1 shall be carried out in the exercise of administrative authority. The search to be carried out shall be confirmed in writing by the institution of the public security service, at the request of the person concerned, as soon as possible, in any case within 24 hours.

8. Section

Relaply and more money-free

Relaply

§ 76. (1) strangers may be arrested and stopped (detention), if necessary, for the procedure for the release of a residence ban or expulsion until the entry of their enforceability or the deportation, the To back up or to secure the transit. A person who is legally resident in the territory of the Federal Republic of Germany may be subject to a detention order if, on the basis of certain facts, it is to be assumed that they would be withdrawn from the proceedings.

(2) The locally competent tourist authority may, via an asylum seeker or a stranger who has submitted an application for international protection, for the purpose of securing the procedure for the release of an expulsion according to § 10 Asylum Act In 2005 or in order to secure the deportation, if:

1.		a enforceable expulsion (§ 10 of the Asylum Act 2005) has been issued against him;
2.		an expulsion procedure was initiated against him in accordance with the provisions of the Asylum Act 2005;
3.		a enforceable expulsion (§ § 53 or 54) or a enforceable ban on residence (§ 60) has been imposed on him before the application for international protection has been issued; or
4.		Due to the results of the survey, the search and the recognition service, it is to be assumed that the foreign application for international protection will be rejected for examination in the absence of Austria's jurisdiction.

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

(4) If the stranger has a service representative, the delivery of the detention order shall also be deemed to have been carried out at the time when a copy has actually been made to the stranger. In such cases, the delivery of a further copy to the appointing representative shall be effected immediately.

(5) If a ban on residence or expulsion is enforceable and if the surveillance of the foreigner's departure appears to be necessary, the detention ordered to secure the proceedings shall be deemed to be valid from that date as to ensure the removal of the deportation .

(6) If a stranger so requests for international protection during the holding in custody, it may be maintained. If the conditions laid down in paragraph 2 are fulfilled, the detention shall be deemed to have been imposed in accordance with paragraph 2. The existence of the conditions for the arrangement of the drawers in accordance with paragraph 2 shall be recorded with a document note.

(7) The order of detention may be appealed with a complaint pursuant to Section 82.

Gelinderes

§ 77. (1) The Authority may depart from the order of detention if it has reason to believe that its purpose may be achieved by means of a more effective means of achieving this. The Authority shall apply more money to minors, unless it has reason to believe that the purpose of the detention cannot be achieved.

(2) The condition for the arrangement is that the stranger agrees to his/her recognition service, unless it is already based on the basis of § 99 (1) (1) (1) of the Office of the Office of the European Union.

(3) In particular, the arrangement is considered to be a means of taking accommodation in rooms designated by the authority or by reporting at periodic intervals in the case of the police command known to the foreign person.

(4) If the stranger does not comply with his obligations pursuant to paragraph 3, or if he does not comply with sufficient apology from a summons to the authority which has been referred to this consequence, it is not a consequence of the fact that the person is to be ordered to be held in custody. For the time spent in the accommodation, § 80 applies, with the proviso that the duration of admissibility is doubled.

(5) The application of a gelinous agent shall not preclude the exercise of command and coercive force required for the enforcement of the deportation, of the deportation or the transit of transit. To the extent that this is necessary for the implementation of these measures, it may be applied to the persons concerned to stay in certain places for a total of 72 hours in which they are not over-increasing.

Execution of the Detention

§ 78. (1) The detention shall be carried out in the port of the tourist authority which it has imposed. If the immigration police authority is unable to carry out the detention, the nearest tourist authority, which has a detention centre, is to ask for the enforcement. If the latter cannot perform the detention, the head of the court in which the authority is situated shall be the head of the court in which the authority has its seat in order to request the enforcement; it shall comply with the request as far as this is without prejudice to others. Legal tasks are possible.

(2) In the case of strangers who are not resident in the territory of the Federal Republic of Germany, the detention may be carried out in the detention room of the nearest tourist authority, which is actually in a position to receive it. If a detention room is not available at any tourist authority, the detention of such strangers in the nearest judicial detention centre, which is actually in a position to be taken, may be carried out; the head requested for the execution of the detention shall be in accordance with the request as far as possible without prejudice to other legal tasks.

(3) In the immediate aftermath of a judicial custodial sentence, the detention shall also otherwise be carried out in a judicial detention centre or-with the consent of the person concerned-in a prison.

(4) As far as this is necessary for the purpose of deportation, deportation or transit, the detention can be carried out in detention centres located on the way to the federal border.

(5) For each tourist authority own detention centres are to be maintained. These detention periods may be set up jointly for a tourist police authority or, where necessary for reasons of expediency and cost savings, for a number of tourist authorities. The local authorities, which have to bear the burden of the tourist authorities, have to ensure that there is so much detention space available in each country than the average level of the drawers imposed there. Whereas the local authorities concerned have to conclude administrative arrangements which govern their tasks in the establishment, maintenance and operation of the detention centres and the cost of the costs; The extent of the use of the detention facilities by the authorities shall be taken into account.

(6) If a sick or injured stranger cannot be properly treated during the period of detention in the detention centres, the period of an outpatient medical care shall be considered to be a drainful. If, in such a case, the tourist authority cannot or no longer carry out the detention in such a case on the basis of the state of health of the stranger who has been brought about by it himself, it may, if the ban on residence or the expulsion of the Foreign enforceable and deportation is possible, the Tourist Office ask the head of the judicial detention centre in Vienna for the execution of the detention in the medical establishment of this court detention centre. The latter shall comply with the request to the extent that proper medical treatment and care for the person concerned is possible with regard to the capacity utilization and equipment of the facilities which ensure the necessary treatment.

(7) If the state of health of the stranger requires it, the latter must be brought into a suitable hospital in further enforcement of the detention and, if necessary, also to be guarded there if the treatment is not in the detention centre of the Tourist office can be carried out. Section 71 (2) and (3) of the Criminal Law Act (StVG), BGBl. No 144/1969, shall apply mutatily.

(8) If the detention is carried out in a judicial detention centre, in the detention centre of another tourist authority or in a hospital, the tourist authority shall be required to reimburse the full amount of the costs incurred.

Implementation of the drawers

§ 79. (1) § 53c para. 1 to 5 VStG applies to the holding in detention in detention centres of a tourist authority. § 53d VStG applies to the holding in court houses and penal institutions.

(2) Strangers under the age of sixteen may be stopped in detention if accommodation and care corresponding to the age and level of development are guaranteed.

(3) Minor detainees shall be held separately from adults. If a parent or guardian has also been subject to detention, minor detainees are to be held together with the latter, unless their well-being requires a separate attitude.

(4) The house rules for the execution of the detention in the detention centres of the foreign police authorities have to be issued by the Federal Minister for Home Affairs. It is to regulate the rights and obligations of the detainees in order to maintain order and to take account of the spatial and human circumstances.

Duration of thrust

§ 80. (1) The Authority shall be obliged to take action to ensure that the thrust is as short as possible.

(2) The detention shall be maintained for as long as the reason for their arrangement has fallen away or their destination can no longer be reached. It shall not last longer than two months except in the cases referred to in paragraphs 3 and 4.

(3) Should a stranger not be deported because an application in accordance with § 51 has not yet been passed in a legally binding manner, the detention may be taken until the end of the fourth week following a final decision but no longer as a whole as a whole. six months.

(4) A stranger may not or may not be deported,

1.		because the identification of his identity and nationality is not possible, or
2.		because the authorization of another State required for entry or transit is not available, or
3.		because he foiled the deportation by resisting the force of force (§ 13),
the detention shall not be maintained for more than six months on account of the same facts within a period of two years, unless the non-acceptance of the deportation is attributable to the behaviour of the stranger. In such cases, the stranger may not be held in detention for more than ten months within a period of two years on account of the same facts. Similarly, the detention imposed in accordance with Section 76 (2) may be maintained for more than six months in two years, but not more than ten months in two years.

(5) In cases where the detention has been imposed in accordance with Article 76 (2), it may be maintained until the end of the fourth week after a final negative decision on the application for international protection, unless it is also a case of paragraph 4 (1) (1) to (3). If the appeal against expulsion, which is associated with a refusing decision, is granted the suspensive effect according to § 37 Asylum G 2005, the detention shall be maintained until the decision of the independent Federal Council of Asylsenate. . In addition, the thrust can only be maintained if the independent federal asylum council makes a decision to withdraw or reject it.

(6) If the stranger is to be held continuously in detention for more than six months, the proportionality of the holding shall be after the day on which the sixth month has been exceeded, and thereafter every eight weeks by the local competent authority. independent administrative Senate, on its own account. The Authority shall submit the administrative files in good time to the independent administrative authorities to remain a week before the present date. In doing so, it has to explain why the maintenance of the thrust is necessary and proportionate. In any event, the independent administrative Senate shall determine whether, at the time of its decision, the conditions governing the continuation of the thrust are in place and whether the maintenance of the thrust is proportionate.

(7) The authority shall immediately inform a stranger, who shall be held in custody solely on the grounds of paragraph 3 or 4, immediately to inform him in writing.

Repeal of the detention

§ 81. (1) The detention shall be waived informally by the release of the stranger, if:

1.		it may no longer be maintained in accordance with Section 80; or
2.		the independent administrative Senate has established that the conditions for its continuation are not met.

(2) Where the detention in accordance with paragraph 1 has been repealed informally, the decision on which it is based shall be deemed to have been revoked; the Authority shall have to make this informed.

(3) The authority shall, at the request of strangers, have to pay a confirmation of the duration of the detention at no charge to the stranger who has been dismissed from the drawers.

9. Main piece

Special legal protection

Complaint to the independent administrative Senate

§ 82. (1) The foreigner shall have the right to call the independent administrative Senate against the allegation of illegality of the detention order, the arrest or the holding,

1.		if he has been arrested under this federal law;
2.		if it is or has been suspended in accordance with this Federal Act or the Asylum Act 2005, or
3.		if the thrust has been placed against him.

(2) The appeal may also be brought to the authority of the authority which is to be attributed the arrest or the holding. If the contested holding is carried out in the course of a detention order, the appeal may also be brought to the authority of the authority which issued the decision.

(3) Where the complaint is lodged with the Authority in accordance with paragraph 2, it shall ensure that, unless the complainant's position has already ended, it shall be submitted to the independent administrative Senate not later than two working days after the entry into force of the complaint. is available. The authority which complies with the appellant shall immediately inform the independent administrative Senate of the end of the holding during the appeal proceedings.

(4) If, on the other hand, the holding of the stranger has already ended before the expiry of the period laid down in paragraph 3, the Authority shall be obliged, in accordance with paragraph 2, to submit the complaint to the independent administrative Senate without any unnecessary delay.

Decision by the independent administrative senate

§ 83. (1) The decision on the complaint is the responsibility of the independent administrative Senate, in whose reputation the appellant has been arrested.

(2) The independent administrative Senate shall decide on the complaint by one of its members. In addition, § § 67c to 67g and 79a AVG shall apply with the proviso that:

1.		oral proceedings may be held if the facts of the case have been resolved in connection with the complaint; and
2.		the decision of the independent administrative body to continue the detention within one week, unless the posture of the stranger would have ended before.

(3) If the independent administrative Senate has applied to the appellant in accordance with Section 13 (3) of the AVG to remedy a defect in the complaint within a specified period, the course of the decision-making period of the second paragraph shall be Z 2 until the remedy of the defect or until the end of the decision. on the fruitless expiry of the deadline.

(4) In the event that the holding is still ongoing, the independent administrative Senate shall, in any event, determine whether, at the time of its decision, the conditions applicable to the continuation of the thrust are available. In addition, it has to decide within the framework of the objections raised.

10. Main piece

Special provisions for EEA citizens and Swiss citizens entitled to freedom of movement, as well as for beneficiaries of third-country nationals and members of the family of EEA citizens who are not entitled to freedom of movement, Swiss citizens and Austrians

EEA citizens and Swiss citizens

§ 84. EEA citizens and Swiss citizens have the right to stay for a period of three months; § 30 (1) applies. In addition, there is a right of residence in accordance with the provisions of the 4th The main part of the second part of the law on residence and residence.

Beneficiary third-country nationals

§ 85. (1) Beneficiaries of third-country nationals (§ 2 para. 4 Z 11) shall have the right to stay for a period of three months, but are subject to the visa requirement. Section 21 (8) applies. In addition, there is a right of residence in accordance with the provisions of the 4th The main part of the second part of the law on residence and residence. Holders of permanent residence cards (§ 54 NAG) are entitled to enter the visa free of admission.

(2) The stamp fees and administrative charges shall be exempted from official acts relating to the granting of visas to third-country nationals who have been granted the visa.

Special provisions for the withdrawal of the right of residence and for measures to be taken without a procedural step

§ 86. (1) The release of a residence ban against EEA citizens entitled to freedom of movement, Swiss citizens or beneficiaries of third-country nationals shall be permitted if, on the basis of their personal conduct, public order or security is at risk is. Personal conduct must present an actual, present and significant risk which affects a fundamental interest of society. Criminal convictions alone cannot justify these measures without further ado. Justifications which are detached from individual cases or are based on general prevention are not allowed. The absence of a residence ban against EEA citizens, Swiss citizens or beneficiaries of third-country nationals who have had their main residence in the territory of the Federal Republic of Germany for 10 years before the relevant facts have been carried out, is then if, on the basis of the personal conduct of the foreign person, it can be assumed that the public order or security of the Republic of Austria would be permanently and decisively endangered by his whereaby in the Federal territory. The same shall apply to minors, unless the residence ban is necessary for the best interests of the child, as provided for in the United Nations Convention on the Rights of the Child of 20 November 1989.

(2) EEA citizens, Swiss citizens and beneficiaries of third-country nationals are to be expelled if they lack the right of establishment for the reasons set out in Section 55 (1) NAG.

(3) EEA citizens, Swiss citizens and beneficiary third country nationals shall be granted a period of enforcement of one month when a expulsion or a residence ban is issued, unless the immediate exit of the Strangers would be required in the interests of public order or security.

(4) The refusal of an EEA citizen, a Swiss citizen or a beneficiary of a third-country national, shall be admissible if:

1.		there are doubts as to their identity or that they do not fulfil the passport and, where applicable, the requirement of a visa;
2.		is subject to a enforceable ban on residence and has not been granted a re-entry permit;
3.		justify the adoption of certain facts, they will be in the federal territory of a trawling or participate in it;
4.		Certain facts justify the assumption that they wished to stay in the Federal territory for the intentional commission of financial offences, with the exception of irregularities, or to deliberate infringements of the law of the devises requirements, or
5.		certain facts justify the assumption that their stay in the Federal Republic is at risk of public order or public security.

(5) The refusal of a beneficiary third-country national shall also be admissible if a State Party has notified that his stay in the territory of the Contracting States would endanger public order or security, unless he/she would have a residence permit of a Contracting State or an entry permit issued by Austria.

(6) In the case of EEA citizens and Swiss citizens, § § 39 (2) Z 2, 43 and 45 shall not apply.

Members of the family of non-free-rights EEA citizens, Swiss citizens and Austrians

§ 87. Family members (§ 2 para. 4 Z 12) are subject to the visa requirement. They are subject to the provisions for beneficiaries of third country nationals in accordance with § § 85 (2) and (86).

11. Main piece

Austrian documents for strangers

Section 1

Passports and Convention passports

Exhibition of passports

§ 88. (1) passports may be issued on request, provided that this is in the interests of the Republic in respect of the person of the person concerned, on request for:

1.		Stateless persons or persons of unsettled nationality who do not have a valid travel document;
2.		foreign nationals who are entitled to a permanent residence in the territory of the Federal Republic of Germany and who are not able to obtain a valid travel document of their home country;
3.		foreign nationals who are not able to obtain a valid travel document of their home country and who, moreover, are subject to the conditions for issuing an indefinite residence permit;
4.		foreign nationals who are not in a position to obtain the travel document of their home country required for emigration from the territory of the Federal Republic of Germany;
5.		foreign nationals who have been in permanent residence in the Federal Republic of Germany for at least four years, provided that the competent Federal Minister or the State Government confirms that the issue of the tourist passport is due to the fact that the foreign nationals are not is in the interest of the Federal Government or of the country or is likely to be in the interest of the Federal Government
6.		Strangers to whom the status of subsidiary protection is entitled, if humanitarian reasons require their presence in another State, unless this is not necessary for reasons of public order and security.

(2) The design of the tourist passports is determined in accordance with the requirements of the Federal Minister of Home Affairs, which are internationally customary for such travel documents. In addition, the regulation has the rules of the passport law in force in 1992, BGBl. No. 839.

(3) With regard to the further procedural provisions concerning the issuing of a tourist pass, the provisions relating to the processing and deletion of personal data and the other provisions relating to the service provider, the provisions of the Matching law accordingly.

Tourist passports for minors

§ 89. (1) Minor stranger, who is the 14. The issue of a tourist pass can be requested by yourself. In such cases, the exhibition shall be subject to the consent of the legal representative; this shall be proven by the applicant.

(2) A request for an issue of a tourist passport for a minor shall be subject to the approval of the Pflegschaftsgericht (Pflegschaftsgericht) if:

1.		Justifies the assumption that a stay abroad of the minor would affect the welfare of the minor, or
2.		a person who is responsible for the care and upbringing of the minor, who is contrary to the exhibition.

(3) (1) and (2) shall also apply to the extension of the scope of minors ' passports.

Period of validity of passports

§ 90. (1) Tourism passports may be issued with a validity period of five years, unless:

1.		a shorter period of validity is requested, or
2.		a shorter period of validity is sufficient with regard to the conditions governing the issuing of the tourist pass.

(2) In the case of tourist passports with a period of validity of not more than six months, the inscription of the machine-readable zone may be dispensed with.

(3) The extension of the validity period of a tourist pass is inadmissible.

Scope of the tourist passports

§ 91. (1) Tourism passports shall be issued with a scope for all States in the world, unless a restricted scope is requested. The scope of a tourist pass will be extended or restricted on request.

(2) The scope of a tourist passport shall in no case include the State of which the stranger is a national; in the case of statelessness, with the exception of the cases of paragraph 3, not the State in which the stranger is habituary of his former habitual residence. Stay had.

(3) In the case of statelessness, the scope of a tourist passport may, in cases of statelessness in particular, include the State in which the stranger had his former habitual residence in particular cases of statelessness.

Failure of a tourist passport

§ 92. (1) The exhibition, the extension of the scope and the modification of a tourist passport shall be refused if certain facts justify the assumption that:

1.		the stranger wishes to use the document in order to avoid prosecution or enforcement of a criminal offence in the course of a court case;
2.		the stranger wants to use the document in order to transact customs regulations;
3.		the stranger wants to use the document in order to violate the provisions of the Suchtmittelgesetz (Suchtmittelgesetz);
4.		the stranger wants to use the document in order to commit or participate in trawling;
5.		the foreign security of the Republic of Austria would be jeopardised by the stay of foreign citizens abroad.

(2) The issuing of a tourist passport shall be refused if the stranger does not comply with a charge for the recognition service in which this episode is announced or does not comply with the recognition service. .

Withdrawal of a tourist passport

§ 93. (1) A tourist passport shall be withdrawn if:

1.		become aware of, or enter into, facts which would justify the failure to issue the tourist pass;
2.		the photograph is missing or the identity of the holder is no longer unquestionable;
3.		a registration of the authority has become unrecognizable;
4.		the tourist pass has been falsified, no longer completely or for other reasons unusable.

(2) Enforceable tourist passports shall be submitted to the Authority without delay. They do not constitute valid travel documents.

(3) The bodies of the public security service are authorized to take out a tourist passport which has been submitted to them if it has been withdrawn in enforceable form. The passport shall be submitted without delay to the authority in whose local area the institution has taken action. This has to pass on the tourist pass to the authority which has had the withdrawal.

Convention passports

§ 94. (1) Convention passports are to be issued on request to strangers who are entitled in Austria to the status of the person entitled to asylum.

(2) Convention passports may also be issued on request to strangers to whom the status of the asylum seeker has been granted in another State, if they do not have a valid travel document and without circumvention of the border control have entered.

(3) In exercising the discretion conferred on it in paragraph 2, the Authority has, on the one hand, on the personal circumstances of the applicant, on the other hand on matters relating to security policy, as well as on possible impairment of the relations between the applicant and the applicant. Republic of Austria to a different state.

(4) Convention passports shall be issued in accordance with the model of the Convention on the Status of Refugees. They include 32 pages and must not be provided with additional sheets.

(5) The provisions of the Convention on the status of the Convention relating to the status of the Convention relating to the status of the Convention on the validity of the period of validity and validity of the right of return in the event of a Convention shall be laid down for the purpose of determining the validity of the period of validity and the validity of Refugees; moreover, § 88 (3) to (8) and § § 89 to 93 apply.

Section 2

Other Austrian badgers for strangers

Photo ID for holders of privileges and immunities

§ 95. The Federal Minister for Foreign Affairs may, by means of a regulation for members of those categories of persons who are in Austria on the basis of an international treaty or on the basis of the Federal Law on the granting of privileges and Immuneities to international organizations, BGBl. No 677/1977, enjoy privileges and immunities for the purposes of the legitimation of photographs of the identity, the nationality and the function of the holder.

Return card for nationals of a Member State of the European Union

§ 96. (1) State citizens of a Member State of the European Union may, upon request, issue a return card for a single trip to the State of which they are a national, to the permanent State of residence or to a State in which: a diplomatic or consular representation of the Member State of which they are a national is attainable. The period of validity of the return card shall be the minimum period of time required for the journey by the person concerned to whom the card is issued, only by a few.

(2) The identity card may be issued if:

1.		the travel document of the persons concerned is lost, stolen, destroyed or temporarily unavailable and is located in the territory of a State in which the Member State of which they are a national does not have any access to diplomatic or consular representation, which may issue a travel document or in which that Member State is not represented in any other way; and
2.		the consent of the Member State of the European Union of which the applicant is a national.

(3) Where the return card has been issued, the application form, a copy of the ID card and copies of those documents proving the identity and nationality of the applicants, the identity and nationality of the applicant, shall be certified by the representative authority, whose nationality is the holder of the holder.

(4) The appearance of the return card shall be determined by the Federal Minister of the Interior with a Regulation.

Travel document for the return of third-country nationals

§ 97. (1) Third-country nationals who do not have a travel document and whose expulsion or residence ban is enforceable may be issued a travel document valid for a one-off exit, if it can be assumed that the State to which the stranger is to be deported shall be allowed to enter with this document.

(2) In any event, the travel document shall contain the name, date of birth, size and nationality of the third-country national and the destination country of the journey. The Federal Minister of the Interior and the Federal Ministry of the Interior are responsible for the further design of the travel document.

12. Main piece

Recognition and Investigation Service

Use of personal data

§ 98. (1) The tourist authorities may use personal data only in so far as this is necessary for the performance of the tasks assigned to them.

(2) The tourist police authorities may only process personal data of third parties if their eligibility is not provided for from the total amount of stored data. The procedural data shall be deleted as soon as they are no longer needed, no later than five years after the date of entry of the legal force of the decision.

Using discovery service data

§ 99. (1) The tourist authorities are empowered to treat strangers in recognition of their recognition service if:

1.		they are in detention;
2.		they are not legally resident in the territory of the Federal Republic of Germany, will be entered during this stay and already the 14. Have completed their life year;
3.		has been issued against a ban on residence or expulsion;
4.		there is a suspicion that there has been a ban on the residence of the country on other names;
5.		to be issued with a passport or a passport for prevention;
6.		be issued to them by an entry permit, or
7.		the identification of their identity is not possible in any other way.

(2) The Austrian representative authorities abroad are authorized to treat strangers in the cases referred to in paragraph 1 (1) (5) and (6) of the recognition service.

(3) Recognition service data shall be deleted from its own account if:

1.		the death of the person concerned is known and has since passed for five years;
2.		in the cases referred to in paragraph 1 (6), two years have elapsed since the recognition of the service;
3.		in the cases referred to in paragraph 1 (1) (1) and (2), neither a residence ban nor an expulsion order is issued and two years have passed since the recognition of the service;
4.		finally, neither a residence ban nor an expulsion order has been issued or the period of validity of the residence ban has expired or a contract of arrest has been revoked;
5.		five years have passed since the expulsion or rejection;
6.		the suspicion referred to in paragraph 1 Z 4 is not confirmed;
7.		the application referred to in paragraph 1 (1) (5) before the issue of the tourist pass or a preventive passport has been withdrawn, or the period of validity of the last passport or convention passport issued to the last person for ten years has expired;
8.		the person concerned will be granted Austrian citizenship.

(4) Sections 64 and 65 (4), (5) and (1). Sentence and 6 as well as § 73 sec. 7 SPG apply. A person's determination may be made in the cases referred to in paragraph 1 (1), (2) and (5).

Identification of recognition service data

§ 100. (1) The tourist authorities shall be required to ask a stranger who they have to undergo a recognition service and to inform him of the reason for the recognition of their treatment. It shall be followed by a written information sheet, which shall in principle be based on the fact that it is written in a language which is understood to be comprehensible to him. The person concerned must take part in the recognition service.

(2) If the person concerned does not comply with the request in the case of § 99 (1) (2) (2), the institutions of the Public Security Service are empowered to present the person concerned to the authority for the purpose of carrying out the recognition service; the Maintenance for this purpose is only permitted for as long as a successful implementation of the recognition service under consideration of § 78 of the SPG does not seem hopeless.

(3) If the person concerned does not comply with the request, except in the cases of § 99 (1) (5) and (6) of the request, he shall be obliged to participate in his/her participation, unless he is in detention; an appeal against this shall not be permitted. The communication can be connected with a charge (§ 19 AVG) for the recognition service. § 78 SPG applies.

(4) Recognition service data strangers who are lawfully processed by a security authority under the Security Policy Act may be determined by the tourist police authorities in the cases of § 99 (1) (1) to (5) and (7) and may be determined in accordance with the provisions of continue to be processed by this federal law. The foreign person shall be informed of this investigation in a manner corresponding to the circumstances.

Central tourist register; information system

§ 101. The Federal Minister of the Interior is authorized to operate a Central Tourist Register as an information composite system (§ 4 Z 13 DSG 2000). The Federal Minister for Home Affairs exercises the function of the operator in accordance with § 50 DSG 2000 as well as that of a service provider within the meaning of § 4 Z 5 DSG 2000. The authorities responsible for data protection are the authorities in accordance with the Law on Tourism, the law on the establishment of a law on residence and residence and the law on asylum.

Data use within the framework of the Central Tourism Register

§ 102. (1) The tourist authorities, the establishment and residence authorities, as well as the asylum authorities, may:

1.		names,
2.		Gender,
3.		former names,
4.		date and place of birth,
5.		Residence addresses,
6.		nationality,
7.		the names of the parents,
8.		alias data,
9.		Issuing authorities, exhibition data and numbers of documents carried out,
10.		any indication of the danger of intervention, including sensitive data, to the extent that it is necessary to protect the vital interests of others;
11.		data relevant for the right of entry and residence and for the admissibility of the holding in custody,
12.		Data for arrest in accordance with this Federal Act or the Asylum Act,
13.		light images,
14.		Papillary line impressions of the fingers,
15.		Signature and
16.		Verbal description of external physical characteristics
of a stranger in the tourist register (§ 101) and use it together.

(2) Queries from the tourist register shall be admissible only if the foreigner is determined at least by the name, by a number assigned to it or by a papillary line pressure. For the purposes of Section 107 (2), data on the validity of entry and residence permits may also be used as a request criterion. If a papillary line pressure is not used as a selection criterion, papillary left impressions and the signature may only be instigated if this is a necessary condition for the performance of a regulatory task.

(3) Personal data of third parties may only be processed if their eligibility from the total quantity of stored data is not provided for. This shall not preclude the total number of data records relating to these third parties, together with any reference to the respective contracting entities, in so far as this is carried out only in the context of the processing of the data of a foreigner, that is directly related to an official act.

(4) The data processed in accordance with paragraph 1 shall be transferred to security authorities and public prosecutors for their activities in the service of criminal justice, as well as to Austrian representative authorities abroad, the financial criminal authorities and the authorities responsible for the enforcement of the Foreigners Employment Act in matters relating to the security administration and to the security authorities, civil authorities and the authorities of the civil authorities, where this is necessary to fulfil their obligations under the law on immigration. Tasks are required. In addition, transfers are only permitted if there is an express statutory authorisation.

(5) Alphanumeric data, light images, papillary line impressions and signatures must be processed physically separately. Every query and transfer of personal data from the Central Information Collection shall be recorded in such a way that the admissibility of the operations carried out can be checked. The log records shall be kept for three years.

Central tourist register; locks on access and deletion

§ 103. (1) Personal data processed in accordance with § 101 shall be blocked as contracting authorities for the access of the tourist authorities, asylum authorities, establishment and residence authorities and Austrian representative authorities abroad as soon as possible. the conditions for the storage have been dropped or the data is no longer required. After two more years, the data will be physically deleted. During this period, the lock may be revoked for the purpose of checking the correctness of any other storage intended for the purpose in accordance with Section 101.

(2) The authorities are obliged, as a contracting authority, to check whether the personal data processed in accordance with § 101, to which access is not blocked and which have remained unchanged for six years, are to be checked, whether or not the data referred to in paragraph 1 of this article are not included in the data processing procedure. are already available for a lock. Such data sets shall be blocked after the end of a further three months in accordance with paragraph 1 for access, unless the adjudicating entity has previously confirmed that the reason for the storage continues to exist, or not to others Deletion obligations pursuant to § 99.

(3) As soon as recognition service data are processed in the Central Tourist Register, they must be deleted in the local application.

Central process file; information composite system

§ 104. (1) The tourist authorities are empowered to jointly process and use the procedural data they have identified, such as procedural information on applications, decisions and appeals. The Federal Minister of the Interior shall exercise the function of the operator in accordance with § 50 DSG 2000 as well as the service provider within the meaning of § 4 Z 5 DSG 2000 for the tourist authorities.

(2) The tourist authorities shall be empowered to identify procedural data processed by asylum and establishment and residence authorities where this is strictly necessary for the performance of their duties.

(3) Queries from the central processing file are only permitted insofar as this is necessary for the concern of a task assigned under this Federal Act and the foreign is at least according to the name, a number assigned to it or a Papillary line pressure is determined.

(4) The data processed in the central processing file shall be subject to section 98 (2).

Duty to understand

§ 105. (1) The security authorities shall inform the tourist authorities of the suspicion of committing a criminal offence by strangers in a notification of the relevant circumstances. The Tourism Authority shall be responsible for forwarding the information to a further instance which may be responsible.

(2) Criminal tribunals have prosecutions of charges of intentional offences committed by the courts of first instance, and convicted convictions, following the sentencing of the court, which The imposition and the lifting of the detention order, the prisons and the legal prisoners ' houses to be notified of the entry and end of a prison sentence of strangers to the Foreign Police Department of the first instance. In accordance with the technical possibilities, this communication has to be made by electronic transmission of these data to the tourist authority (Section 15b (1) of the StVG). The Tourist Office is responsible for forwarding the information to a further instance which may be responsible. If the foreigner is an asylum seeker, the information is to be forwarded to the Federal Asylate Office.

(3) The Federal Minister for the Interior shall be obliged to inform the authorities of the nationality of a ban on residence which has not been taken into account. For this purpose, on the occasion of the arrest in accordance with Section 103 (1), he has sent them the basic data record of the foreigner and the data of the non-stop residence ban.

(4) The nationality authorities shall inform the competent tourist authority of the granting of citizenship to a stranger.

(5) The district administrative authorities shall submit requests for changes in the name and civil courts to submit applications for the adoption of adoptions from the foreign authority of the competent authority. If the foreigner is an asylum seeker, the information is to be forwarded to the Federal Asylate Office.

(6) Information relating to expultions in accordance with § § 53 and 54 and residence prohibitions according to § 60 are to be made available to the competent authority for the implementation of the administrative criminal proceedings under the Foreigners Employment Act (§ 28 AuslBG).

Duty of co-action

§ 106. The authorities of the Federal Government, the Länder and municipalities, the offices of the Labour Market Service and the social security institutions which have lawfully available data are empowered and, upon request, obliged to provide such data to the Tourist authority, provided that it has the data for the implementation of a measure after the 5. up to 10. Main piece needed. A refusal of the information is not permitted. The data shall be deleted immediately if it is no longer required for the fulfilment of the specific purpose.

Admissibility of the use of the data of the Central Register of Melting

§ 107. (1) In the case of a query in the Central Register of Melting, which is opened by the Tourist Office in accordance with the Reporting Act, the eligibility of the total quantity of all data processed in the Central Register of Reporting can be selected in addition to the name also according to the address of the residence. if this is necessary in order to ensure that the tourist police are concerned.

(2) The Federal Minister for the Interior is authorized to match the data processed in the Central Reporting Register to the person records of those strangers whose residence permits are no longer valid. If, in spite of the expired validity of the residence permit, there is an upright registration, it must be notified by the competent authority of the Foreign Police.

(3) The Federal Minister of the Interior shall, after one year after the inclusion of the measures provided for in paragraph 2 above, have to carry out an assessment of the purpose and report thereon to the Data Protection Council.

International traffic

§ 108. (1) If the Federal Government is authorized to conclude governmental agreements pursuant to Art. 66 (2) B-VG, it may conclude intergovernmental agreements on the transfer of funds.

1.		the data processed in accordance with § 101 by strangers who are not members of the Contracting States, or
2.		the data referred to in paragraph 2 of those persons against which a residence ban has been issued in accordance with § 60 sec. 2 Z 5 or which have been punishable by law in accordance with § § 114 or 117,
to certain recipients. Provision should be made for reciprocity and erasure by a contracting State within six months of the deletion of the data transmitted to the other contracting state.

(2) For a transmission pursuant to paragraph 1 (1) (2), the following data shall be determined, in addition to the data on the prohibition of residence, the penal code or the judgment: name, gender, former name, date of birth, place of birth and residence, citizenship, The name of the parent and any existing recognition material.

(3) Personal data of strangers, which have been transmitted from abroad on the basis of an agreement concluded in accordance with paragraph 1, may be processed in the Central Information Collection.

13. Main piece

Combating residence and residence adoption

Obligation to understand authorities

§ 109. Where a court or administrative authority has reasonable grounds to suspect that a residence or a residence permit is present at the time of taking a decision or act, the court or administrative authority shall inform the competent authority of the competent tourist authority.

Duty of consent of the establishment and residence authorities

§ 110. If the office of establishment and residence of the foreign police authority responsible after the residence of the stranger informs the person concerned that, in relation to a particular stranger, there is a reasonable suspicion of the presence of a residence permit or of a residence permit , the Tourism Authority must raise this matter and inform the Authority of the establishment and residence of the result of the surveys within a period of three months. If no notification is made during this period, the establishment and residence authority shall assume that the surveys carried out by the Tourism Authority shall be inconclusive.

14. Main piece

Carrier

Obligations of carriers

§ 111. (1) Transport operators who bring strangers with an air or watercraft or as part of international scheduled services with a bus across the external border to Austria shall be obliged to take all necessary measures to: ensure that the foreign country has the travel document required to enter the territory of the Federal Republic of Germany and, if necessary, a visa.

(2) In addition, carriers that bring a foreign vehicle to Austria by means of an air or watercraft or in the context of international scheduled services shall be obliged to:

1.		the identity data of the aliens carried by them (full name, date of birth, place of birth, place of residence and nationality);
2.		the data of the documents required for their entry (type, number, period of validity, issuing authority and date of issue of travel documents and, if necessary, a visa required);
3.		the original departure point;
4.		time of departure and arrival;
5.		the border crossing point for entry into the territory of the Federal Republic;
6.		the total number of persons carried by the transport in question, and
7.		in the case of carriage by air, the transport code number
shall, for a period of 48 hours after the arrival of the means of transport, be kept ready for information to the Border Inspection Authority and shall, on request, be made aware of this without delay. After that, the carrier has to destroy the data.

(3) Transport operators who will bring strangers to Austria by means of an air or watercraft shall be obliged to advance the data referred to in paragraph 2 of the border inspection authority upon request at the conclusion of the passengers-related formalities. free of charge.

(4) Where a stranger who has been brought to Austria by means of an air, land or watercraft of a carrier is refused, the carrier shall be obliged, at his own expense, to leave his or her immediate departure .

(5) If the carrier under paragraph 4 is not in a position to carry out the immediate departure of the rejected stranger, he is obliged to immediately find a return possibility and to pay the costs for this purpose, or, if the return cannot be carried out immediately, the costs of the stay and the return journey of the stranger shall be borne.

(6) The obligations laid down in paragraphs 4 and 5 shall apply to carriers even if a foreigner is denied a stay in the transit area (Section 43 (1)).

Sanctions against carriers

§ 112. (1) The carrier shall have for any stranger which he has brought to Austria without a travel document and without the required visa (Section 111 (1)) or for which he does not comply with his obligations under Section 111 (2) or (3). Amount of money to be paid of EUR 3,000.

(2) A communication pursuant to paragraph 1 shall not be waived or waived if the alien concerned is granted asylum or subsidiary protection in accordance with the Asylum Act 2005, or if it is established that the repatriation or deportation of the foreigner for reasons of the § § § 50 para. 1 is not permitted.

15. Main piece

Costs and penalties

Section 1

Cost

§ 113. (1) costs incurred by the authority or the Federation in the enforcement of the ban on residence, expulsion or repatriation, as well as the costs of the enforcement of the detention, including the costs of the use of the funds and the cost of interpretation, are to be replaced by the stranger.

(2) Anyone who employs a stranger in accordance with § 3 (1) of the Foreigners Employment Act shall have the costs incurred in the enforcement of expulsion or of an expulsion imposed on the basis of Article 53 (2) (2) (5) of the Act of Foreigners Employment or of an expulsion for the purpose of Article 60 (2) (8) (8) The costs of detention and the cost of interpretation are borne by the ban.

(3) Those who are obliged to pay the costs pursuant to section 21 (6) in relation to a foreign police authority or to an Austrian representative authority abroad shall bear these costs.

(4) The carrier, which does not comply with its obligations under Section 111 (2) to (6), shall reimbursethe costs incurred in connection with the refusal or the deportation of the stranger. This includes, in particular, costs incurred by the arrival of the stranger at the border crossing point to the completion of the exit

1.		for accommodation and catering, including the costs incurred in the preparation and implementation of the refoulement and the costs of the accompanying organisations;
2.		the authority or the federal government, in the event of the necessary enforcement of the ban on residence, including the costs of the enforcement of the detention, the cost of interpretation, the cost of the ticket and the cost of the accompanying organisations.

(5) The carrier who is in compliance with his obligations under Section 111 (4), (5) or (6), but wishes to be accompanied by a refusal (§ 44), has to bear the costs for the accompanying organs.

(6) The costs for which the authority is to be replaced by the Authority shall be raised by the authority which has carried out the act of office and shall be allocated to the local authority which is responsible for the expenditure of that authority or of the institutions involved in the act. public security service. § 79 AVG is to be applied in a reasonable way. the costs of the enforcement of the detention, including the costs of the use of the funds, provided that such costs cannot be brought in accordance with para. 1, 2, 3 or 4, the local authority which bears the burden of the authority responsible for the costs incurred by the authority responsible for the use of the funds. has taken the notice of detention. The Federal Government shall bear any other inexorable costs in accordance with paragraph 1.

Section 2

Criminal provisions

Towing

§ 114. (1) Anyone who knowingly promotes the illegal entry or transit of a stranger in or through a Member State of the European Union or neighbouring state of Austria shall be punished by the court with imprisonment for up to one year.

(2) Anyone who promotes the unlawful entry or transit of a foreign person in or through a Member State of the European Union or the neighbouring state of Austria with the purpose of being unlawfully entitled to the right to travel, or to a third party, by means of a fee paid for this purpose. Enrich it from the court with imprisonment of up to two years.

(3) Anyone who has been convicted of tugings within the meaning of paragraph 2 within the last five years shall be punished with imprisonment of up to three years. Such a conviction shall be deemed to be a conviction by a foreign court in accordance with a procedure corresponding to the principles of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

(4) Those who commit the act referred to in paragraph 2 (§ 70 of the German Civil Code) or in a manner by which the stranger, in particular during transportation, will be put into a painful condition for a long period of time shall be punishable by the court with imprisonment of six months to five years.

(5) If the act referred to in paragraph 2 is a member of a criminal organisation or in a manner which is liable to endanger the life of the stranger to which the offence is committed, the court shall be punishable by imprisonment from one to the other Ten years to punish.

(6) Strangers, whose illegal entry or transit is encouraged by the deed, are not to be punished as participants (§ 12 StGB). Their return or deportation may be granted if and as long as this is necessary in order to hear them.

(7) The bodies of the public security service are authorized in the event of danger in default, objects which the perpetrator carries with them, or means of transport or containers used for the purpose of evailiation, in order to safeguard the depletion of enrichment (§ 20 StGB), of the decay (§ 20b of the German Civil Code) or of the confiscation (§ 26 StGB). The cargo of the means of transport may be followed by the authorisation holder or his authorised representative. Of the measures taken, the court shall be notified without delay.

(8) The procedure on the basis of the act referred to in paragraph 1 is the responsibility of the courts of first instance.

Aid for unauthorised residence

§ 115. (1) Those who, with the aim of holding the procedure for the discharge or the enforcement of the measures to be completed, facilitate the unauthorised stay in the territory of a Member State of the European Union, shall be brought by the Court of First Instance with imprisonment of up to six months, or with a fine of up to 360 days ' sentences.

(2) Any person who, by means of an attachment to enrich himself or a third party unlawfully, by means of a remuneration not merely a minor charge, facilitates the unauthorised residence in the territory of a Member State of the European Union; is to be punished by the court with imprisonment of up to one year or a fine of up to 360 days ' estits.

(3) Those who commit the act on a commercial basis shall be punished with imprisonment of up to three years.

(4) The stranger to whom the aid referred to in (1) or (2) was or should come to benefit is not to be punished as a participant.

(5) The proceedings relating to the acts referred to in paragraphs 1 and 2 shall be the responsibility of the courts of first instance.

Exploitation of a stranger

§ 116. (1) Any person with the attachment, himself or a third party from the utilization of the special dependence of a stranger who is illegally present in the territory of the Federal Republic of Germany does not have an employment permit or else in a special The Court of First Instance is punishable by a term of imprisonment of up to three years to obtain a continuous intake of these strangers.

(2) Anyone who, by doing so, puts a stranger in distress or exploits a greater number of strangers, shall be punished with imprisonment of six months to five years.

(3) If the act has resulted in the death of a stranger, the perpetrator shall be punished with imprisonment of one to ten years.

Enter and communicate your stay

§ 117. (1) An Austrian or a foreigner who is entitled to a branch in the territory of the Federal Republic, who enters into a marriage with a stranger, without a common family life in the meaning of Article 8 of the ECHR, and knows or has to know that the stranger is for the granting or maintenance of a residence permit, for the acquisition of Austrian citizenship or for the retention of the right of residence to take part in that marriage, if the deed is not carried out in accordance with another provision, is threatened with tighter punishment, from the court with a fine of up to 360 daily rates to punishing.

(2) An Austrian or a third party entitled to establish an office in the territory of the Federal Republic, who, by means of a charge, unlawfully enriches himself or a third party by means of a remuneration for this purpose, enters into a marriage with a stranger, without a common Family life in the sense of Article 8 of the ECHR to want to lead and to know or know that the stranger is in favour of granting or maintaining a residence permit, for the acquisition of Austrian citizenship or for holding a residence permit If the deed is not based on a residence permit, the other provision with a stricter penalty is to be punished by the court with imprisonment of up to one year or with a fine of up to 360 days ' rates.

(3) Anyone who conveys or paves the way for commercial marriage, although he knows or has had to know that the persons concerned are in favour of granting or maintaining a residence permit, for the acquisition of Austrian citizenship or for the purpose of holding a residence permit. In the absence of a common family life within the meaning of Article 8 of the ECHR, if the deed is not threatened with a more severe sentence, the Court of First Instance shall be punishable by imprisonment until the end of the period of residence of the person in question. to three years to punish.

(4) The stranger who wishes to refer to marriage within the meaning of paragraph 1 shall not be punished as a participant.

(5) In accordance with paragraph 1, it is not necessary to punish those who voluntarily, before an authority appointed to prosecution for prosecution, are involved in the determination of the facts of the case.

Residence adoption and placement of residence adoptions of self-sufficient strangers

§ 118. (1) An Austrian or a foreigner who is entitled to an office in the territory of the Federal Republic, who takes on a non-self-entitled stranger to a child and makes an application for the approval of the acceptance of a child instead of the parish court, although he knows or had to know that the stranger was responsible for granting or maintaining a residence permit, for the acquisition of Austrian citizenship or for the continuation of residence-related measures on this assumption of a child, but none of the relationship between the biological parents and children If the deed is not threatened by any other provision with a stricter penalty, is punishable by the court with a fine of up to 360 days ' rates.

(2) An Austrian or a foreigner entitled to establish a branch in the territory of the Federal Republic, who, by means of the attachment to enrich himself or a third party unlawfully by means of a remuneration for this purpose, takes on a self-entitled stranger to a child instead of although he knows or knows that the stranger is in favour of granting or maintaining a residence permit, for the acquisition of Austrian citizenship or for the continuation of residence-related measures on this assumption of a child rather than the relationship between birth parents and children is, if the deed is not threatened after another determination with stricter punishment, is punishable by the court with imprisonment for up to one year or with a fine of up to 360 days ' sentences.

(3) Anyone who provides or paves the way for adoptions pursuant to para. 1 or 2 in commercial terms (§ 70 StGB), although he knows or has to know that the persons concerned are in favour of the granting or retention of a residence permit, for the acquisition of the Austrian Citizenship or to take the right of residence to take place on this assumption of a child instead of invoking the relationship between the biological parents and the children is, if the deed is not according to a other provision with more stringent penalty is threatened by the court with imprisonment up to three years to punish.

(4) The electoral child shall not be punished as a participant in accordance with paragraph 1.

(5) In accordance with paragraph 1, it is not necessary to punish those who voluntarily, before an authority appointed to prosecution for prosecution, are involved in the determination of the facts of the case.

Making an entry or residence permit easier

§ 119. (1) Anyone who, in a procedure for issuing an entry title or a residence permit before the authority appointed to issue such a title, knowingly makes false statements in order to have a lawful, if only temporary, lawful A stay in the federal territory is to be punished by the court with imprisonment of up to one year or with a fine of up to 360 days ' rates.

(2) Anyone who knowingly makes false statements about his or her identity or origin in an asylum procedure before an asylum authority, in order to have his or her presence in the federal territory or, if only a temporary, lawful stay in the Federal Republic of Germany is to be punished by the court with imprisonment of up to one year or with a fine of up to 360 days ' rates.

(3) A criminality according to § 289 of the German Criminal Code (StGB) shall preclude criminal liability in accordance with paragraphs 1 and 2.

Unauthorized stay

§ 120. (1) Anyone who is a stranger

1.		is not legally entering the territory of the Federal Republic of Germany or
2.		is not legally resident in the federal territory,
shall be subject to an administrative surrender and shall be punished with a fine of up to EUR 2 180, in the case of their incriminality, with a custodial sentence of up to three weeks. The place of entry or the last known stay shall be deemed to be the crime scene; when entering a public transport means, the nearest exit point at which the departure of the public transport means according to the timetable of the Transport operator is possible.

(2) Anyone who is committing the act referred to in paragraph 1, even though he has already been punished in a legally binding manner for such a crime, shall be punished with a fine of up to € 4 360, in the event of their incriminality, with imprisonment of up to six weeks.

(3) An administrative surrender in accordance with paragraph 1 Z 2 is not available.

1.		if the exit would only be possible in a country where a deportation is inadmissible (§ 50);
2.		as long as the stranger has been given a postponement of deportation,
3.		in the case of residence of a beneficiary third-country national without a visa, or
4.		as long as the stranger is deprived of personal freedom.

(4) Punishment pursuant to paragraph 1 (1) (2) preclude such a punishment on account of the administrative surrender which is at the same time committed pursuant to paragraph 1 (1) (1).

(5) An administrative surrender in accordance with paragraph 1 is not available if the foreign person has filed a request for international protection and the status of the right of asylum or subsidiary entitled to protection has been granted. During the asylum procedure, the administrative penalty procedure is interrupted.

Other transgressions

§ 121. (1) Anyone who stays outside the area as a foreign person to which his/her stay has been restricted pursuant to § 47 (1) or § 62 (5) is subject to an administrative surrender and is fined up to 2180 euros, in the case of their non-compliance with Imprisonment for up to three weeks, punishable. This shall not apply if the stay outside this area is required, in particular for reasons of medical treatment or compliance with other legal obligations.

(2) Who

1.		Conditions imposed on it by the Authority
a)			in the event of a enforcement order being issued;
b)			when a deportation order is issued, or
c)			in the case of permits pursuant to § § 72 or 73
, has been disregarded, or
2.		it does not carry out its travel document or is in accordance with § 32 (2);
3.		despite being requested by an institution of the public security service
a)			it does not hand out a document which is relevant to its right of residence, or
b)			not to be accompanied by the document to which the document is held,
shall be subject to an administrative surrender and shall be punished with a fine of up to 218 euros, in the event of their incrimination, with imprisonment of up to one week.

(3) Anyone who does not grant public security services as responsible person in accordance with § 36 para. 1 access to land, company offices, employment offices, rooms or vehicles is subject to an administrative surrender and is fined up to 4 360 euros, in the event of their incriminality punishable by imprisonment for up to six weeks.

(4) Penalties imposed pursuant to para. 1, 2 or 3 or § 120 (1) and (2) shall be processed together with the necessary personal data in the administrative criminal liability of the Security Directorate (§ 60 SPG). Section 60 (2) and (3) of the SPG applies.

Subsidiarity

§ 122. An administrative surrender does not exist if, in accordance with § § 120 and 121, an act forms the facts of a criminal offence which falls within the jurisdiction of the courts.

16. Main piece

Closure and transitional provisions

Linguistic equality

§ 123. As far as the names of natural persons referred to in this Federal Act are given in male form, they relate to women and men in the same way. In applying the name to certain natural persons, the gender-specific form shall be used.

References

§ 124. (1) Where reference is made in this Federal Act to provisions of other federal laws, these are to be applied in their respectively applicable version. References to other legal norms relate to the rule of law at the time of the denial of the reference under this Federal Act.

(2) Where reference is made in other federal laws to provisions of the Tourism Act 1997, the relevant provisions of this Federal Act shall be replaced by the provisions of this Federal Law.

Transitional provisions

§ 125. (1) Procedures for the release of a ban on residence or expulsion, which are pending at the entry into force of this Federal Law, shall be continued in accordance with the provisions of this Act.

(2) Detention notices under the Tourism Act 1997 shall apply from 1. Jänner 2006 as issued under this federal law. The detention of a stranger, which began before 31 December 2005 and which is continued without interruption thereafter, shall not be maintained as a whole longer than is permitted under this Federal Act.

(3) Residence bans whose validity is not yet expired at the time of entry into force of this Federal Law shall be deemed to be prohibitions issued under this Federal Act with the same validity period. It's against a stranger, who is on the 1. In the event of a ban on residence, this ban on residence shall be deemed to be a ban on the return of asylum seekers.

(4) Residence prohibitions which are challenged by the Administrative Court or the Constitutional Court shall not apply to the entry into force of this Federal Act, unless the contested decision is also in the provisions of this Federal Law to find a basis. In such cases, the appeal shall be deemed to be unfounded and the proceedings shall cease without prior consultation of the appellant. In such cases, the decision on the non-reciprocity of the appeal shall also override the decision of the first instance. Such a residence permit shall not have an adverse effect on decisions to be taken after the entry into force of this Federal Law.

(5) The application of a ban on the enforcement of a residence ban under the 1997 Foreigners Act shall retain their validity until the date specified.

(6) The validity of the visas issued before the entry into force of this Federal Act shall remain valid until the stipulated date.

(7) The badges issued before the entry into force of this Federal Act for holders of privileges and immunities, light-image badges for foreign nationals and light-image badges for EEA citizens shall remain valid until the stipulated time.

(8) Am 1. Jänner 2006 in accordance with § 110 (2) of the Federal Act on the Entry and Residence of Foreign Affairs and the Residence of Foreign-FrG, BGBl. I n ° 75/1997 are deemed to be regulations adopted pursuant to section 4 (1) and are to be made known.

(9) On 31 December 2005, in the case of a security directorate, the procedure under the 1997 Xenophobia Act, for which 1. In accordance with § 9, the competence of an independent administrative body shall be established in January 2006, the period shall begin in accordance with § 73 AVG on the 1. January 2006 new to run.

In-force pedals

§ 126. (1) This federal law, with the exception of § 9 para. 1, is 1. Jänner 2006 in force.

(2) ( Constitutional provision ) Section 9 (1) in the version of the Federal Law BGBl. I n ° 100/2005 is 1. Jänner 2006 in force.

(3) Regulations or Government Conventions on the basis of this Federal Act may be adopted or concluded as from the day following its proclamation; however, they may not enter into force at the earliest with the entry into force of this Federal Act. step.

Enforcement

§ 127. With the enforcement of § § 17 (1) and (2), 19 (4), 30 (3), 49 (1) and (2), and 108, the Federal Government, with the enforcement of § § 16 (1), 17 (3), 25 (1), 28 (2) and 30 (4), is the Federal Minister of the Interior in agreement. with the Federal Minister for Foreign Affairs, with the enforcement of § 23 is the Federal Minister for Health and Women, with the enforcement of § § 5 para. 4 2. Half-sentence, 8 para. 1 2nd sentence and 95 is the Federal Minister for Foreign Affairs Affairs, with the enforcement of § § 114, 115, 116, 117, 118 and 119 is the Federal Minister of Justice, and with the Implementation of the other provisions of the Federal Minister for the Interior.

Article 4

Federal Law on the establishment and stay in Austria (Niederlassungs-und Residence Act-NAG)

table of contents

1. PART: GENERAL PART

1. Main item: Scope and definitions
§ 1	Scope
§ 2	Definitions
2. Main piece: Authorities ' responsibilities
§ 3	Objective competence
§ 4	Local jurisdiction in the country
§ 5	Local jurisdiction abroad
§ 6	National Contact Point
§ 7	Decentralised information centres
3. Main item: residence and establishment rights
§ 8	Types and forms of residence permits
§ 9	Documentation and form of the right of residence and establishment of Community law
§ 10	Invalidity and non-reciprocity of residence permits and documentation of the right of residence and establishment
4. Main item: General requirements
§ 11	General requirements for a residence permit
§ 12	Quota-based establishment
§ 13	Establishment Regulation
§ 14	Integration Agreement
§ 15	Cost participations
§ 16	Course offerings
5. Main piece: Integration Promotion and Advisory Council on Asylum and Migration Issues
§ 17	Integration promotion
§ 18	Advisory Council on Asylum and Migration
6. Main item: Procedure
§ 19	General procedural provisions
§ 20	Period of validity of residence permits
Section 21	Procedures for initial applications
§ 22Procedure for the first issue of a residence permit in the case of professional representative bodies in the	Foreign
Section 23	Procedures for the first granting of a residence permit to domestic authorities
§ 24	Extension procedure
Section 25	Procedure in the event of a lack of grant conditions for the extension of a residence permit
Section 26	Purpose-change procedure
§ 27	Establishment and residence of members of the family with residence permits
§ 28	Reclassification and withdrawal of an indefinite right of establishment
§ 29	Participation of the stranger
§ 30	Residence permit and residence permit
Section 31	Framework conditions
Section 32	Self-employment
§ 33	Unselfemployed activity
7. Main item: Use of personal data
Section 34	General
§ 35	Using discovery service data
§ 36	Central process file; information composite system
Section 37	Participation and co-action obligations
§ 38	International and Community traffic
§ 39	Admissibility of the use of the data of the Central Register of Melting
§ 40	Branch register

2. PART: SPECIAL PART

1. Main item: establishment of third-country nationals
Section 41	Establishment permit-key force
§ 42	Residence permit-excluding gainful employment
Section 43	Residence permit-unrestricted
Section 44	Establishment permit-limited
§ 45	Residence permit "Permanent residence-EC"
Section 46	Provisions on family reunification
2. Main item: Family members and other relatives of permanently resident persons in Austria
§ 47	Residence permit "family member" and "residence permit-member"
§ 48	Residence permit "permanent residence-family member"
3. Main piece: establishment of long-term residents of third country nationals from other Member States and their family members
§ 49	Third-country nationals with a residence permit entitled "Permanent residence-EC" of another Member State
§ 50	Family members of third-country nationals with a residence permit "Permanent residence-EC" of another Member State
4. Main piece: Community legal right of establishment
Section 51	Right of establishment for EEA citizens
Section 52	Right of establishment for members of EEA citizens
Section 53	Registration certificate
§ 54	Permanent residence cards
§ 55	Absence of right of establishment
§ 56	Special cases of establishment of nationals of EEA citizens
Section 57	Swiss citizens and their relatives as well as members of Austrians
5. Main item: Residence permits
Section 58	Rotation workers
§ 59	Operational dispatches
§ 60	Self-employed
Section 61	Artists
Section 62	Special cases of unselfemployment
§ 63	Pupils
Section 64	Students
Section 65	Holder of a residence permit "permanent residence-EC" of another Member State
Section 66	Social service providers
Section 67	Researchers
Section 68	Receiving Agreement
Section 69	Maintenance of the family community
6. Main piece: Certification of facilities
Section 70	Certified non-school educational institution
Section 71	Certified research institution
7. Main item: Residence permit for humanitarian reasons
Section 72	Residence permit for humanitarian reasons
Section 73	Residence permit for humanitarian reasons
Section 74	Domestic sanctias
§ 75	Consent to the granting of a residence permit on humanitarian grounds
8. Main item: Residence right for displaced persons
Section 76	Displaced

3. PART: PROVISIONS ON CRIMINAL LAW, CONCLUSION AND TRANSITIONAL ARRANGEMENTS

Section 77	Criminal provisions
Section 78	Official complaint
§ 79	Linguistic equality
§ 80	References
§ 81	Transitional provisions
Section 82	In-force pedals
Section 83	Enforcement

1. TEIL

GENERAL PART

1. Main item

Scope and definitions

Scope

§ 1. (1) This Federal Act regulates the granting, failure and withdrawal of residence permits of strangers who wish to reside or reside in the Federal Republic for more than six months, as well as the documentation of existing residence and residence permits. Right of establishment.

(2) This federal law does not apply to strangers who

1.		according to the Asylum Act 2005 (Asylum G 2005), BGBl. I n ° 100, and according to previous asylum laws, are entitled to stay, unless otherwise determined by this Federal Act;
2.		According to § 95 of the Foreign Police Act 2005 (FPG), BGBl. I No 100, have a photo identification card for the institution of privileges and immunities, or
3.		in accordance with Section 24 of the FPG, are entitled to pursue a temporary employment.

Definitions

§ 2. (1) Within the meaning of this Federal Law,

1.		Stranger: who does not have Austrian citizenship;
2.		Travel document: a passport, a passport or any other document recognised by federal law, regulation or intergovernmental agreements for travel; foreign travel documents shall enjoy the protection of domestic criminal law in the country Public documents according to § § 224, 224a, 227 (1) and 231 of the Criminal Code (StGB), BGBl. No 60/1974;
3.		a travel document valid: if it has been issued from an authorized subject of international law, the identity of the holder is free of doubt, valid in time, and its scope includes the Republic of Austria; except in the case of Passports and travel documents issued for stateless persons or for persons with unexplained nationality must also be given the nationality of the holder without any doubt; the affixing of additional sheets in the travel document must be certified;
4.		EEA citizen: a foreigner who is a national of a contracting party to the Agreement on the European Economic Area (EEA Agreement);
5.		Member State: any State Party to the Treaty on European Union in the version of BGBl. III No 85/1999, as amended by BGBl. III No 4/2003 and BGBl. III No 54/2004;
6.		Third-country national: a stranger who is not an EEA citizen;
7.		a temporary self-employed activity: a temporary self-employed activity: a temporary self-employed activity which is not exercised for more than six months within 12 months if a residence is maintained in the third country, which continues to be the centre of the life , and it is not a case of compulsory insurance of § 2 within the meaning of the Industrial Social Security Act (GSVG), BGBl. No 560/1978;
8.		a mere temporary employment: one in which an entitlement or other confirmation in accordance with the Foreigners Employment Act (AuslBG), BGBl. No 218/1975, is valid for a period not exceeding six months or, within twelve months, a paid employment is not carried out for more than six months on the basis of an exception in accordance with Article 1 (2) to (4) of the AuslBG;
9.		Family member: who is a spouse or unmarried minor, including an adoptive or stepchild (core family), with the spouse, with the exception of spouses of Austrians, EEA citizens and Swiss citizens, the 18. If, in the case of multiple marriage, a spouse already lives in cooperation with the applicant in the Federal territory, the other spouses are not members of the family who are entitled to a claim to obtain a married couple. Residence permits;
10.		One of the following: a third country national who is legally resident in the territory of the Federal Republic of Germany or from whom a right is derived within the meaning of this Federal Law;
11.		Application for renewal: the application for the grant of a further residence permit with the same purpose (§ 24);
12.		Request for amendment: the application for a residence permit with a different purpose during the application of a residence permit (§ 26);
13.		Initial application: the application, which is not an application for renewal or amendment of purpose (Z 11 and 12);
14.		Right to freedom of movement: the Community law of an EEA citizen to settle in Austria;
15.		Declaration of liability: the declaration of a third party, certified by an Austrian notary or a national court, with a period of validity of at least five years, that it is valid for the requirements of any health insurance covering all risks, To pay accommodation and appropriate maintenance funds and to pay for the replacement of those costs incurred by a local authority in the enforcement of a residence ban, expulsion, deportation or enforcement of the detention order, including expenses for the replacement of funds, as well as the title of social assistance, or a federal or state law, which is the basic supply agreement under Art. 15a B-VG, BGBl. I n ° 80/2004, and the performance of the third party to bear the costs is demonstrated, and
16.		Professional representation authority: a competent authority with consular duties and the professional representation of Austria abroad.

(2) Branch office is the actual or future intended stay in the Federal territory for the purpose of

1.		the establishment of a place of residence which actually exists for more than six months a year;
2.		the justification for a middle point of the life interests or
3.		the inclusion of a not merely temporary employment.

(3) The lawful residence of a foreigner on the basis of a residence permit (Section 8 (1) (5)) does not apply as an establishment within the meaning of paragraph 2.

(4) In the sense of this Federal Law,

1.		the minority in accordance with the provisions of the General Civil Code (ABGB), JGS No 946/1811;
2.		the acceptance of the child, which is to be granted a residence permit under this federal law, solely in accordance with the provisions of Austrian law; and
3.		a maintenance entitlement to the proof of maintenance funds not only according to the legal basis thereof, but also according to the actual amount and the actual performance
to the Commission.

(5) For the purposes of this Federal Act, recognition service data are: light images, fingerprints of the fingers, external physical characteristics and the signature.

2. Main piece

Administrative responsibilities

Objective competence

§ 3. (1) Authority according to this Federal Act is the locally competent regional governor. If this is in the interest of the simplicity, usefulness or economy of the administration, the Governor of the State may authorise the district administrative authorities with a regulation to decide on all or certain cases on his behalf.

(2) The Federal Minister of the Interior shall decide on appeals against the decisions of the Governor of the State.

(3) If a request is made abroad (§ 22), the locally competent professional representative authority shall be responsible for receiving the application. Those who have already been rejected for formal reasons (Section 22 (1) and (2)) will then decide to do so; no ordinary legal remedy is admissible against this decision.

(4) Criminal authority of the first instance in the cases of § 77 shall be the locally competent district administrative authority.

Local jurisdiction in the country

§ 4. The local jurisdiction in Germany depends on the place of residence or intended residence of the foreigner. If the foreigner is no longer in fact staying in the federal territory or if his/her stay is unknown, the authority shall be determined by the authority which has recently granted a residence permit. If, in this case, this authority is no longer competent in accordance with this federal law, it shall have to be decided by that authority, which would now be competent.

Local jurisdiction abroad

§ 5. (1) The local jurisdiction to act in accordance with this federal law shall be determined abroad by the domidism of the stranger. The Federal Minister for Foreign Affairs is able to act on behalf of any professional representative.

(2) The Federal Minister for Foreign Affairs, in agreement with the Federal Minister of the Interior, may by regulation authorities who are not entrusted with the professional representation of Austria abroad for the purpose of carrying out official acts in accordance with of this federal law.

National Contact Point

§ 6. The contact point within the meaning of Community law of the European Union is the Federal Minister for Home Affairs.

Decentralised information centres

§ 7. The Federal Minister for Foreign Affairs may, in agreement with the Federal Minister for Home Affairs, by Regulation, the professional representative authorities with certain tasks, in particular:

1.		with the tasks of a contact and information centre for foreign countries,
2.		with the tasks of a contact point for the authorities responsible for the procedures,
3.		with the collection of data within the framework of this federal law,
4.		with the collection of regional information that is relevant for decisions under this federal law or allows migration analyses,
to designate and designate decentralised information centres.

3. Main piece

Residence and establishment rights

Types and forms of residence permits

§ 8. (1) A residence permit shall be issued as:

1.		"settlement authorisation" for a temporary temporary establishment in the territory of the Federal Republic for a specific purpose (paragraph 1) 2) with the possibility of subsequently obtaining a residence permit "permanent residence-EG" (Z 3);
2.		Residence permit "family member" for the temporary establishment with the option of subsequently obtaining a residence permit "permanent residence-family member" (Z 4);
3.		Residence permit "permanent residence-EC" for the documentation of the permanent right of establishment, without prejudice to the validity of the document;
4.		Residence permit "permanent residence-family member" for the documentation of the permanent right of establishment, without prejudice to the validity of the document;
5.		"Residence permit" for a temporary temporary stay in the federal territory for a specific purpose (§ § 58 to 69 and § 72) with the possibility of subsequently obtaining a settlement permit, if this is done in this federal law is provided.

(2) Establilations of establishment pursuant to Section 1 (1) (1) shall be granted as:

1.		"establishment permit-key force" entitling the holder to a temporary establishment and to the pursuit of a professional activity, for which a written notification or an expert opinion has been drawn up pursuant to Article 12 (4) or (24) of the German Federal Foreign Office (AuslBG);
2.		"residence permit-excluding gainful employment", which entitles the holder to a temporary establishment without the pursuit of an activity;
3.		"residence permit-unlimited", which entitles the holder to a temporary establishment and to pursue self-employment and employment in accordance with Section 17 of the German Federal Foreign Office (AuslBG);
4.		"residence permit-restricted", which entitles the holder to a temporary establishment and to pursue a self-employed and self-employed activity, for which a corresponding entitlement applies under the Foreigners Employment Act;
5.		"residence permit-relative", which entitles the holder to a temporary establishment without the pursuit of a professional activity; the pursuit of a professional activity is only permitted on the basis of a subsequent change in the purpose of the quota.

(3) The Federal Minister of the Interior shall determine the appearance and content of the residence permits referred to in paragraph 1 by regulation. The residence permits shall contain, in particular, the name, first name, date of birth, photograph, issuing authority and period of validity; they shall be considered as identity documents.

(4) The residence permit (para. 1 Z 5) of spouses and underage unmarried children depends on the existence of the residence permit of the confederation during the period laid down in § 27 (1) (§ 69).

(5) Holder of a residence permit, with the exception of cases of social service providers (§ 66), may, during the period of validity of this authorisation, be granted a residence permit with a different purpose or a settlement permit. . Such a request shall, pending the notification of the decision of the Authority of the first instance, establish a right of residence beyond the period of validity of the original residence permit.

Documentation and form of the right of residence and establishment of Community law

§ 9. (1) For the documentation of a right of residence and establishment of Community law,

1.		for EEA citizens who have settled in Austria, on application for a "registration certificate" (§ 53) and
2.		for nationals of EEA citizens who are third-country nationals, applying for a "permanent residence card" (§ 54) if the EEA citizen has taken advantage of the right to free movement,
.

(2) holders of registration certificates may be issued on application for a "photo identification card for EEA citizens". The photo identification card for EEA citizens and the permanent residence card are valid as an identity document. The form and content of the registration certificate, the photo ID for EEA citizens and the permanent residence card are laid down by the Federal Minister for the Interior by Regulation.

Invalidity and non-reciprocity of residence permits and documentation of the right of residence and establishment

§ 10. (1) Residence permits and documentation of the right of residence and establishment shall become invalid if a ban on residence or expulsion is enforceable or becomes legally binding against strangers. Such strangers lose their right to stay. A residence permit or a documentation of the right of residence or establishment lives up to the law because of the law, provided that within its original period of validity the ban on the right of residence is fixed differently than in accordance with § 65 FPG or the expulsion. .

(2) A residence permit shall also be invalid if the Authority has established that a third-country national, with the exception of the holder of a residence permit "Permanent Residence-EC" (§ 45) and "Permanent Residence-Family Member" (§ 48), does not more in Austria.

(3) A residence permit or a documentation of the right of residence or establishment becomes subject-free,

1.		if a further residence or establishment authority is granted to the stranger under this federal law with overlapping validity;
2.		if the foreign person becomes an Austrian or an EEA citizen;
3.		if a residence permit entitled "permanent residence-EC" of another Member State is issued to the stranger;
4.		if the foreigner is in possession of a residence permit "permanent residence-EC" or "permanent residence -family member" and has not been established in Austria for six years, or
5.		in the case of Section 8 (4).

(4) The invalidity or non-validity of the residence permit shown in the travel document, which is shown in the travel document, shall be marked in these travel documents. For this purpose, any authority which has a travel document on the occasion of an official act in accordance with a federal law shall be authorized to do so. State-citizenship authorities shall be obliged to do so.

(5) Invalid or non-object documents shall be delivered to the Authority. Any authority that carries out an official act under a federal law is empowered to collect documents to be delivered; the authorities are obliged to do so by the authorities. Likewise, the institutions of the Public Security Service shall be empowered to collect documents to be delivered, which shall be submitted to the Authority without delay.

4. Main piece

General requirements

General requirements for a residence permit

§ 11. (1) A residence permit shall not be issued to a stranger if:

1.		there is an upright ban on residence in accordance with Section 60 of the FPG;
2.		there is a ban on the residence of another EEA State;
3.		In the last twelve months an expulsion pursuant to Section 54 of the FPG or Section 10 of the Asylum Act 2005 has been issued in a legally binding manner;
4.		a residence permit or a residence permit (Article 30 (1) or (2));
5.		the duration of the permitted non-visitiable stay is exceeded in the context of section 21 (4), or
6.		he has been legally punished in the last twelve months for circumvention of the border control or non-lawful entry into the territory of the Federal Republic.

(2) A residence permit may only be issued to a stranger if:

1.		the residence of the foreign does not conflict with public interests;
2.		the stranger has a legal claim to an accommodation which is considered to be a family comparable to that of a large family;
3.		the foreigner has a health insurance cover covering all risks, and this insurance in Austria is also subject to payment;
4.		the stay of the stranger could not lead to any financial burden on a local authority;
5.		the granting of a residence permit does not significantly impede the relations of the Republic of Austria with another State or any other subject of international law, and
6.		the stranger has already fulfilled the integration agreement in accordance with § 14 or a single module in the event of an extension request (§ 24), provided that he has already been established for one year and has not been granted a delay in accordance with section 14 (8).

(3) A residence permit may be issued in spite of the absence of a condition pursuant to paragraphs 2 (1) to (6) if this is to maintain private or family life within the meaning of Article 8 of the Convention for the Protection of Human Rights and Fundamental freedoms (European Convention on Human Rights-ECHR), BGBl. No 210/1958, is required.

(4) The stay of a stranger is contrary to the public interest (paragraph 1). 2 Z 1), if:

1.		its stay would endanger public order or security, or
2.		the stranger has a close relationship to an extremist or terrorist group and, with regard to its existing structures or to developments in its environment, extremist or terrorist activities of the same cannot be excluded.

(5) The stay of a stranger does not lead to any financial burden on a local authority (paragraph 1). (2) (4) if the foreign person has fixed and regular incomes which enable him to live without recourse to the social assistance services of the local authorities and to the amount according to the guidelines of Section 293 of the General Assembly Social Insurance Act (ASVG), BGBl. No. 189/1955. In the case of proof of maintenance funds as a result of maintenance claims (§ 2 para. 4 Z 3), the maintenance-free subsistent subsistent minimum according to § 291 of the Executive Order (EO), RGBl, is to be calculated for the calculation of the performance of the pledge. No 79/1896, should not be taken into account.

(6) The admissibility of being able to provide proof of one or more requirements of subsection 2 (2) (2) to (4) with a declaration of liability (§ 2 para. 1 Z 15) must be expressly stated for the purpose of the respective stay.

(7) In order to obtain a visa (§ 21 FPG), the foreigner must submit a health certificate in the initial order if he/she would also require a health certificate in accordance with § 23 FPG.

Quota-based establishment

§ 12. (1) The rules governing the quota obligation shall be subject to the provisions of Section 13:

1.		the first-time grant of a settlement permit and
2.		the change in purpose of a valid residence permit in so far as the application for a permanent residence permit would be subject to a quota for the first time.

(2) Applications within a quota year for the granting of a settlement authorization subject to the quota obligation shall be submitted to the Authority after the date of entry into a register leading to quota years and quota types which shall be submitted by the The head of the country is to be held and to be assigned to this quota year. If the Governor of the State has set up an automatic register for the series of applications, the exact date of inclusion in the application shall be deemed to be an additional element for the submission of applications on the same day as an additional element. Applications submitted in a quota year shall be counted on the quota year for as long as quota places are available in the register, without prejudice to the date on which the quota is to be established.

(3) Without prejudice to the other requirements for the granting of a settlement authorization, such authorisation may be granted only if a quota space allocated from the register as defined in paragraph 2 is available. The granting of a settlement permit shall reduce the number of places available in the register referred to in paragraph 2. The specific allocation of a quota place takes place with the granting of the settlement permit and in the cases of § 23 para. 2 with the appointment of the competent professional representative authority.

(4) If, at the time of application or at the time of the decision on the application in this quota year, no quota space is available in the register as referred to in paragraph 2, this is not possible, except in cases of family reunification pursuant to Article 46 (4) of the Treaty. to reject the application without further proceedings, the decision to reject the request concerning the number of applications in the quota year and the number of quota places available, up to the date of the decision, and the total number of applications for the quota ; no appeal is admissible against this decision.

(5) If, on the basis of the classification in the register referred to in paragraph 2, an application for a settlement permit cannot be rejected or rejected, because not all available quota places of the quota type in question have yet to be awarded in a legally binding manner , the execution of that request shall be postpone until a quota of the quota type concerned is released or until the quota is exhausted. The postponing is an obstacle to the expiry of the deadlines in accordance with Section 73 of the General Administrative Procedure Act 1991 (AVG), BGBl. No. 51.

(6) If the application for a settlement authorization was rejected or rejected for reasons other than paragraph 4 and was subject to appeal, this has no effect on the series of other applications in the Register pursuant to paragraph 4. 2. If a decision of the Appellate Authority which is repellant or repellant is present, the quota place concerned shall be vacated.

(7) If, in cases of family reunification, the number of quota places in one country has been exhausted in accordance with Article 46 (4), the Authority shall postpone the decision on the application until a quota place exists, provided that it does not include the application. to other reasons, or to dismiss or reject other reasons. Such a postponing inhibits the expiry of the time limits according to § 73 AVG and § 27 of the Administrative Court Act 1985 (VwGG), BGBl. No. 10. The third party or the confederation shall be entitled to a communication on the place in the register of the register on the date of the instipation. The communication on the ripening is to be issued once in the form of a certificate at the request of the foreigner; on the other hand, no appeal is admissible. Other irritation notifications may also be issued in other technically appropriate ways that respect the protection of personal data. Three years after the application, a further postponment is no longer permissible and the quota obligation pursuant to para. 1 shall be deleted.

(8) Established permits for children to whom, pursuant to § 30 (4) of the Austrian Freedom Party (FPG), freedom of vision is granted, and strangers to whom the status of an asylum-seeker has been legally recognised in accordance with Section 7 (1) (3) of the Asylum Act in 2005 and which remains in the Federal Republic of Germany , are not subject to the quota obligation. This also applies to children born in the period between the application of the mother and the grant of the residence permit.

Establishment Regulation

§ 13. (1) The Federal Government shall, in agreement with the Main Committee of the National Council, adopt a Regulation on a proposal from the Federal Minister of the Interior of the Federal Republic of Germany, with which, for each calendar year, the number of establishment permits and the maximum number of places shall be the employment permits for fixed-term foreign workers are defined (establishment regulation).

(2) In the Regulation on the establishment of the right of establishment, the number of establishment permits shall be determined separately according to the type of quotas, the number of

1.		Key forces (Section 2 (5) and (12) (8) of the AuslBG and § 41) and their family members (§ 46 (3));
2.		Third-country nationals holding a residence permit "permanent residence-EC" (Article 8 (1) (3)) of another Member State and for the purpose of pursuing an activity in a self-employed or self-employed capacity, or in the cases of Article 49 (1), Austria want to come;
3.		Members of the family of third-country nationals in the cases of § 46 (4);
4.		Third-country nationals who are in the possession of a "residence permit-national" and who seek a change of purpose to a "settlement permit-limited" (Section 47 (4) and § 56 (3)) and
5.		Third-country nationals and members of their families who are allowed to settle in Austria on a permanent basis without regard to the labour market (§ § 42 and 46 (1)),
in the calendar year for which the Regulation is to be adopted (quota year), at most may be granted. In doing so, the Federal Government has to ensure the development of an orderly labour market and, in the regulation on the establishment of the establishment, has to divide the requirements for the establishment of the right of establishment in such a way as to meet the possibilities and requirements of these

(3) Before the establishment of the settlement regulation pursuant to para. 2 are the Austrian Chamber of Commerce, the Federal Chamber of Labour, the Conference of Presidents of the Austrian Chamber of Agriculture, the Austrian Association of Municipal States, the Austrian Association of Cities, the Austrian Federation of Trade Unions, the Austrian Association of Industrialists and the Austrian Economic Research Institute. Countries should be given the opportunity to make concrete proposals for the number of establishment permits required in each country (paragraph 1). 2 (1) to (5)); the countries have the existing opportunities in education and health care, and-after consultation of the relevant municipalities-development in the housing market and-after consultation of the employers 'and employers' representatives ' interests and of workers at the national level, taking account of the situation and development of the labour market.

(4) In the Regulation on the establishment of the right of establishment, the number of foreign persons empowered to take up self-employment as a key force within the quotas referred to in paragraph 2 (1) of the Treaty shall be determined.

(5) Furthermore, the Federal Government has to lay down in the Regulation on the establishment of:

1.		the maximum number of employment permits for temporary employees (§ 5 AuslBG), with which the Federal Minister of Economics and Labour, by Regulation, may grant a right of entry and residence in accordance with Section 24 of the FPG, and
2.		the maximum number of employment permits for harvest workers (§ 5 AuslBG), with which the Federal Minister for Economic Affairs and Labour may grant a right of entry and residence in accordance with § 24 FPG.

(6) ( Constitutional provision ) In the event of the establishment of the Establishment Regulation, the Federal Government has to take into account the absorption capacity of the domestic labour market and the proposals of the Länder; a number-exceeding of such a proposal is only possible with: Consent of the country concerned shall be admissible.

(7) If it is to be assumed that the supply of labour on the domestic labour market during the period of validity of the establishment regulation will significantly exceed the demand, the establishment of the establishment of the establishment of the establishment of the right of establishment shall be subject to the following: Employment (para. 2. 1, 2 and 4, para. 4) only on the non-available labour force in Germany, whose employment as key forces (§ § 2 para. 5 and 12 para. 8 AuslBG) with regard to the associated transfer of investment capital or with regard to its special training and their specific knowledge of the general economic interest, and to take care of their family retreat. On the issue of the types of quotas referred to in paragraph 2 (2), (2), (3) and (4), the Federal Government has to consider the situation and development of the labour market with regard to the types of quotas, to what extent the integration of the In the labour market, other foreign workers who are ready to work in the labour market can be allowed to work in an unselfemployed capacity. In this context, the Federal Government may designate third-country nationals resident in the EU who are to be given preferential treatment with regard to their advanced integration of family retreat. In addition, the Federal Government may designate groups of family members who are to be given preferential treatment as a result of certain circumstances, such as the imminent entry of compulsory schooling, the integration of facilitating the integration of the family.

(8) The establishment Regulation shall be adopted in such a timely manner that it may enter into force at the beginning of the following calendar year. If it is not adopted in time, the Regulation in force in the previous year shall be subject to the proviso that, in each month, a maximum of one twelfth of the number of authorisations may be granted.

(9) In so far as a substantial change in circumstances makes this necessary, the Federal Government has to amend the Regulation on the establishment of the establishment, even during its period of validity, having regard to the provisions of paragraphs 2 and 6.

Integration Agreement

§ 14. (1) The integration agreement shall be for the integration of third country nationals legally established in the long term or in the longer term. It aims at the acquisition of knowledge of the German language, in particular the ability of reading and writing, to obtain the ability to participate in social, economic and cultural life in Austria.

(2) Within the framework of the integration agreement, two modules based on each other must be fulfilled, where:

1.		Module 1: the acquisition of the ability to read and write; and
2.		Module 2, the acquisition of knowledge of the German language and the ability to participate in social, economic and cultural life in Austria
is used.

(3) Third-country nationals are obliged to comply with an integration agreement with the granting or renewal of a residence permit. This obligation is demonstrably to be brought to the attention of the third-country national. No obligation exists if he declares in writing that his stay is not to exceed the period of twelve months within 24 months. This declaration includes the waiver of the position of an extension request.

(4) The implementation of the integration agreement shall be subject to third country nationals,

1.		, at the time of the obligation to comply (par. 8) are or will be unmindful,
2.		which, owing to their high age or state of health, cannot be allowed to comply with the integration agreement; the latter has to prove to the third-country national through an official medical opinion.

(5) The individual modules of the integration agreement shall be fulfilled if the third-country national

1.		provide proof of knowledge of reading and writing (for Module 1);
2.		attended a German integration course and successfully completed it (for Module 2);
3.		A minimum of five years ' visit to a compulsory school in Austria and the teaching subject "German" has successfully completed or the teaching subject "German" is at the level of the 9. School level has completed positively (for Module 2);
4.		a positive degree in German at a foreign school in which the German language is taught as a subject at least at the level of the 9. School level of an Austrian compulsory school is taught (for module 2);
5.		provide proof of sufficient German language skills (for module 2);
6.		has a school degree that is the general university entrance qualification within the meaning of § 64 (1) of the University Act 2002, BGBl. I n ° 120, or corresponds to a degree in a vocational middle school (for module 2);
7.		about a teaching qualification exam in accordance with the Vocational Training Act, BGBl. No 142/1969, (for Module 2);
8.		a "establishment permit-key power" (§ 41) or a special executive within the meaning of Section 2 (5a) of the German Federal Foreign Office (AuslBG); this also applies to the members of his family (for module 2).
Module 2 contains module 1.

(6) Further provisions on the implementation of integration courses and evidence are to be adopted by the Federal Minister for the Interior by Regulation.

(7) The Authority may conduct orientation discussions with the third-country national, identify specific integration requirements and recommend concrete steps to improve integration.

(8) Third-country nationals who are obliged to comply with the integration agreement shall comply with the integration agreement within five years from the date of issue or extension of the residence permit. Upon request, they may be granted a postponing of their personal circumstances in order to comply with their integration agreement. This postponing shall not exceed the duration of two years; it shall impede the course of time limits in accordance with § 15.

Cost participations

§ 15. (1) The Federal Government shall supersede the course costs up to the maximum rate laid down in paragraph 3, if the module 1 has been successfully completed within one year at the latest after the obligation to fill the module.

(2) Family members pursuant to § 47 (2) and family members of third-country nationals in the cases of § 46 (4) shall replace 50% of the course costs of Module 2, provided that they do so at the latest within two years after they have been have become mandatory, have successfully completed. The two-year period begins with the fulfilment of the module 1, but at any rate twelve months after the start of the establishment.

(3) The Federal Minister of the Interior, in agreement with the Federal Minister for Finance, is authorized to fix maximum rates by means of a regulation which replaces the federal government pursuant to paragraphs 1 and 2. Maximum rates have to be based on the costs of the available integration courses.

(4) For costs which are not to be replaced by the Federal Government of an integration course, the pledge shall be liable in solidarity from a liability declaration.

Course offerings

§ 16. (1) In any case, the offered courses have to be included:

1.		for module 1, the acquisition of the ability to read and write; and
2.		For the module 2, knowledge of the German language for communication and reading of everyday texts, as well as themes of everyday life with civic elements and topics for the mediation of the European and democratic fundamental values, which include a To participate in social, economic and cultural life in Austria.

(2) The certification of the courses and the evaluation of the course contents are carried out by the Austrian Integration Fund. The courses are certified with a validity period of up to three years; the certification can be extended on request for three years each.

(3) The readiness of the Länder and municipalities which have already carried out and financed courses within the meaning of paragraph 1 before the entry into force of this Federal Law and who are willing to continue to carry out these courses shall be considered in the certification process. to take. Contributions to the costs of countries and municipalities do not diminish contributions in accordance with § 15.

(4) The contents of the courses in relation to learning objectives, teaching method and qualification of the teaching staff, the number of teaching units as well as the form and content of the course confirmation are determined by regulation of the Federal Minister of Home Affairs.

(5) The Austrian Integration Fund may withdraw the certification during its validity if the learning objectives, the teaching method or the qualifications of the teaching staff do not correspond to paragraph 1.

5. Main piece

Integration Promotion and Advisory Council on Asylum and Migration Issues

Integration promotion

§ 17. (1) Foreigners who are entitled to establishment may be granted-without prejudice to the provisions of § § 14 to 16-Integration Promotion; their inclusion in the social, economic and cultural life in Austria should therefore be granted. and equal opportunities with Austrian citizens in these areas.

(2) Measures to promote integration are in particular:

1.		language courses;
2.		Courses on education and training;
3.		Events for the introduction to Austrian culture and history;
4.		joint events with Austrian citizens in order to promote mutual understanding;
5.		the transfer of information on the housing market and
6.		Benefits of the Austrian Integration Fund.

(3) In order to promote integration, private, humanitarian and ecclesiastic institutions, as well as facilities for the free welfare or the communities, should be used as far as possible. The services to be provided must be laid down in a private-law contract, which also has to regulate the cost of the contract.

(4) Insofar as the Federal Minister of the Interior is authorized to conclude the provisions of the Ressortconvention pursuant to Art. 66 (2) B-VG, he may agree to participate in international organizations whose purpose is to deal with problems of migration and the integration of strangers in Europe.

(5) The identification and processing of personal data as well as their transmission for the purpose of integration at federal and state institutions for the implementation of integration promotion shall be permitted in accordance with § 37.

Advisory Council on Asylum and Migration

§ 18. (1) The Federal Minister for Home Affairs is advised on asylum and migration issues by the Advisory Council on Asylum and Migration Issues. It makes recommendations on concrete asylum and migration issues at the request of one of its members, in particular on the implementation and financing of measures for the promotion of integration (§ 17).

(2) The Advisory Council on Asylum and Migration Issues consists of 23 members who perform their function on a voluntary basis. The members of the Advisory Board shall be appointed by the Federal Minister of the Interior for a term of five years, namely:

1.		one member each on a proposal by the Federal Minister of Foreign Affairs, the Federal Minister of Education, Science and Culture, the Federal Minister for Health and Women, the Federal Minister for Social Security, Generations and Consumer protection and the Federal Minister for Economic Affairs and Labour;
2.		one member each on a proposal from the Federal Chamber of Labour, the Austrian Chamber of Commerce, the Austrian Trade Union Confederation, the Austrian Federation of Industrialists, the Conference of Presidents of the Austrian Chambers of Agriculture;
3.		four members on a common proposal from the countries;
4.		one member each on a proposal from the Austrian Association of Municipal Debates and the Austrian Association of Cities and Cities, and
5.		A representative of the Austrian Integration Fund and one representative of four exclusively humanitarian or church institutions designated by the Federal Minister of the Interior, who devote themselves, in particular, to the integration or counseling of strangers, as well as two representatives of the Federal Ministry of the Interior.

(3) The representative of the Austrian Integration Fund shall be chaired by the Advisory Council on Asylum and Migration and shall have the decisive vote in the event of a tie.

(4) The members of the Advisory Council on Asylum and Migration shall be subject to the obligation to respect official secrecy.

(5) The Federal Minister of the Interior shall make available to the Advisory Council on Asylum and Migration the personnel and material requirements necessary for the management of the administrative activity. The Advisory Council on Asylum and Migration issues a point of order, which also provides for the powers of the chairman and a system of representation on the prevention of a member.

6. Main piece

Procedure

General procedural provisions

§ 19. (1) Applications for the granting of a residence permit shall be submitted to the Authority in person. In so far as the applicant is not able to act himself, his/her legal representative shall be required to submit the application.

(2) The request shall be made known to the reason of the stay, which shall be described in detail. Applications which result in different residence purposes are not admissible, the simultaneous posts of several applications and the bodies of further applications during a pending procedure under this Federal Act. The allowances required for a specific purpose of residence must be established before the grant is granted. Where the purpose of the stay is in the exercise of a trade, the certificate issued by the commercial authority shall be deemed to have been met with the exception of the residence permit issued by the commercial authority, as proof of the authority required. The foreign person shall submit to the Authority the documents and evidence required to determine his identity and the facts of his case without doubt.

(3) The Federal Minister for the Interior is authorized to lay down, by means of a regulation, which documents and evidence for the purpose of the respective purpose of residence (para. 2) in any case, to the application. This Regulation may also contain the form and type of application, including certain application forms to be used exclusively.

(4) In the case of the application, the stranger shall make available the recognition service data required for the production of a residence permit and, if necessary, in the determination and verification of these data in accordance with section 35 (4). If not, the application shall be rejected. In the case of renewal applications, recognition service data shall be determined only in so far as they are not available to the authority or are necessary to establish the identity of the person concerned.

(5) In the event that the data required for the preparation and personalisation of a residence permit were not already determined at the time of application by the competent authority, the competent authority responsible for the determination of the data required for the purposes of obtaining a residence permit was not already determined by the competent authority. Domestic authority. In the case of applications for renewal, the data required for the production and personalisation of a residence permit shall, in any case, be accepted by the competent national authority for each application. If this is in the interest of simplicity, appropriateness and economy, the Governor of the State may instruct individual or several district administrative authorities in his/her scope of action, and the collection of these data also by not to have locally competent administrative authorities responsible, whose actions shall be attributed to the competent and local authority.

(6) The foreign authority shall give the authority a delivery address and, in the event of its change during the procedure, to announce the new delivery address without delay. In the case of initial applications filed abroad, the delivery address is also to be announced to the professional representative office. If the personal delivery of a charge or of a process arrangement is not possible again for the repeated time, the procedure can be set if the foreign person has been informed of this circumstance when the application is submitted.

(7) A residence permit may be used by strangers, who shall be the 14. They have been completed in person, only to be followed in person. Residence permits for unenduring minors may only be issued to the legal representative of the latter.

Period of validity of residence permits

§ 20. (1) Unless otherwise specified, temporary residence permits shall be issued for a period of twelve months, beginning with the date of issue, unless a shorter period of residence permits has been requested or the period of validity of the residence permit has been applied for. the travel document does not have the appropriate period of validity.

(2) The period of validity of a residence permit shall begin with the date of issue, the period of validity of an extended residence permit with the date following the last day of the last residence permit.

(3) Holder of a residence permit "permanent residence-EC" (§ 45) or "permanent residence-family member" (§ 48) are in Austria-without prejudice to the limited period of validity of the document corresponding to these residence permits-unlimited established. This document shall be issued for a period of five years and, if no measures are enforceable in accordance with the Tourism Act 2005, shall be extended upon expiry of the application.

(4) A residence permit referred to in paragraph 3 shall be issued if the foreigner stays outside the territory of the EEA for more than 12 months. For reasons worthy of consideration, such as a serious illness, the performance of a social obligation or the performance of a service comparable to that of general conscription or civil service, the stranger may be for 24 months outside the territory of the EEA, if it has previously notified the Authority.

Procedures for initial applications

§ 21. (1) Before entering the territory of the Federal Republic of Germany, initial applications shall be submitted to the locally competent professional representative office in another country. The decision is to be held abroad.

(2) By way of derogation from paragraph 1, the applicant shall have the right to submit an application in Germany:

1.		Family members of Austrians, EEA citizens and Swiss citizens who are permanently resident in Austria and who do not have the right to freedom of movement, after lawful entry and during their legal residence;
2.		Strangers who have so far been legally established in the federal territory, even if they did not require any permission or documentation under this Federal Act to this branch;
3.		Foreign nationals who were previously Austrian citizens or EEA citizens;
4.		Children in the case of § 23 (4) within six months after birth;
5.		Non-residents who are entitled to enter the visa free of admission, during their permitted non-refitting stay, and
6.		Foreign nationals applying for a residence permit as a researcher (§ 67), and their family members.

(3) The Federal Minister for the Interior is empowered to allow nationals of certain States to enter into the domestic application status by means of a regulation, to the extent that reciprocity exists or is in the public interest.

(4) A domestic application under subsection 2 (2) (1) and (4) to (6) and (3) does not create a right to stay in excess of the permitted non-visiblefree stay.

Procedure for first issuing a residence permit with professional representative bodies abroad

§ 22. (1) The locally competent professional representative office abroad shall have the right to the accuracy and completeness of the application, to collect the application data and to forward the application to the competent provincial governor. If the application is submitted to a locally uncompetent professional representative authority, the applicant shall be rejected without further proceedings and the applicant shall refer to the competent authority responsible for the professional representation.

(2) In the event that the application does not include a form and type of application as defined in accordance with Article 19 (3), including the use of certain forms, the Occupational Representative Authority shall have the applicant correct the defect with the application. To apply the effect that the affixing after fruitless expiry of a reasonable period of time to be determined at the same time is set without any further procedure.

Procedures for the first granting of a residence permit to domestic authorities

§ 23. (1) On the basis of the application or in the investigative procedure that the foreign person requires a residence permit other than the requested residence permit for his intended purpose, he shall be lecturing on this circumstance; § 13 para. 3 AVG applies.

(2) The competent authority shall examine the application and shall adopt the decision, if the application has been submitted abroad, by the competent authority responsible for the local authority. If the request of the foreigner, which is located abroad, is granted, the authority shall commission the locally competent professional representative authority with the issuance of a visa (§ 21 FPG) for one-off entry, insofar as the stranger does so to the Entry needed. This order shall be subject to the contrary if the foreign person does not apply for the visa within three months from the date of notification and if the latter has been informed by the professional representative authority; the procedure with the authority shall be closed without further ado.

(3) If the residence permit is not received within six months from the date of notification (paragraph 1). 2) in the case of the Authority, the procedure shall be adjusted without further ado. Any previous accusations shall be without any consideration.

(4) If a child's application for the first time is concerned (Article 2 (1) (9)), the nature and duration of his residence permit shall be governed by the residence permit of the mother or another foreign person, provided that he/she is responsible for the care and upbringing of the child in the case of derivation from the father, however, only if, for a reason other than that of the mother, the right to care and education is to be attributed solely to this. In any case, if a parent is an Austrian resident in the federal territory, the child is entitled to a residence permit "family member" (§ 47 para. 2); in all other cases, the child shall be entitled to a residence permit with the purpose of the child. -to issue family reunification.

Extension procedure

§ 24. (1) Applications for renewal of a residence permit (renewal applications) shall be submitted before the expiry of the period of validity of the residence permit with the local competent authority in the country; § 23 shall apply. In order to submit an application for a period of time, a one-off confirmation in the travel document, which shall not be valid for a longer period of validity than three months, may be affixed to the foreign person via the application in time. This confirmation entitles the person to enter the territory of the Federal Republic of Germany in order to enter Germany. The Federal Minister of the Interior is authorized to regulate the form and content of the confirmation by regulation.

(2) Applications submitted after the end of the residence permit shall be deemed to be an application for renewal only if the application has been made no later than six months after the end of the period of validity of the last residence permit. Thereafter, applications shall be considered as initial applications. In the event of an application for renewal, the applicant shall continue to be legally established, without prejudice to foreign police provisions, until the final decision on the application is legally binding.

(3) In so far as the conditions continue to exist, strangers who continue to reside in the Federal Republic after the expiry of the period of validity of their temporary residence permit shall be granted a residence permit with the same purpose of residence. Except in the case of a waiver in accordance with Section 14 (3), you may not be denied a further residence permit for the same purpose of residence on account of an expert who does not permit expulsion or a ban on residence. If a residence permit is inadmissible, the authority shall issue the residence permit.

Procedure in the event of a lack of grant conditions for the extension of a residence permit

§ 25. (1) absence of a procedure for the extension of the right of residence or establishment to grant grant conditions (Section 11 (1) and (2)), the Authority shall, if appropriate after obtaining a foreign police opinion, have the applicant and to inform him that a stay is terminated in accordance with § § 52 ff. FPG is intended to explain to him why this seems to be permissible under cover of the protection of his private or family life (§ 66 FPG). In addition, the Commission must inform him that he has the right to submit his comments within a period of 14 days, which is not to be signed at the same time. At the end of this period, the Authority shall inform the competent authority of the police authority responsible for the completion of the stay, including, where appropriate, the opinion of the stranger. The expiry of the time limit according to § 73 AVG is hammered during a procedure for the end of the stay.

(2) In the event of a residency in legal force, the procedure for the renewal request for the residence permit shall be terminated in a formless form. The procedure shall be continued in the event of a termination of a residence at the request of the stranger if a measure to end the stay is not renewed.

(3) By way of derogation from paragraphs 1 and 2, Section 24 (3) shall apply if:

1.		there is no case of Section 11 (2) (6) and it was already established before the entry into force of this Federal Act, or
2.		the foreigner connects an extension request with a request for amendment.

Purpose-change procedure

§ 26. If the foreign person wishes to change the purpose of the stay during his stay in Austria, he shall immediately disclose this to the authority within the territory of the country. A change of purpose shall only be permitted if the foreigner fulfils the conditions for the requested residence permit and if any quota space required is available. If all the conditions are fulfilled, the foreigner has a legal right to issue this residence permit. If the conditions are not met, the application shall be dismissed; the expulsion shall have no effect on the existing right of residence.

Establishment and residence of members of the family with residence permits

§ 27. (1) Family members who have a residence permit shall have a right of establishment, derived from the merging, by the end of the fifth year. The right to continue to be established shall be retained by the members of the family if the conditions of the family retreat are subsequently removed for a period of five years from the date of issue of the first settlement authorization. The right of establishment of the members of the family is subject to the loss of the right of establishment of the confederation in the first five years.

(2) Paragraph 1 shall not apply if the family member is in a position to fulfil the conditions for the grant of Section 11 (2) (2) (2) (2) to (4). In such cases, the Authority shall issue a residence permit, the purpose of which is in any case the purpose of the purpose of the residence, which was originally derived from the applicant or which has since been held.

(3) Without prejudice to the derivation of a residence permit for members of the family within the period laid down in paragraph 1, the family member shall not lose the conditions for the purpose of his/her residence permit:

1.		by the death of the spouse or of the parent;
2.		by divorce due to the predominant debt of the other spouse, or
3.		for reasons worthy of particular consideration.

(4) In particular, reasons worthy of consideration within the meaning of paragraph 3 (3) (3) lie in particular where the family member has been the victim of family violence and has been granted an incitement to be incarnated in accordance with § 382b EO, or the loss of the right of establishment of the merging party was the result of a foreign police measure resulting from the final conviction of the convicted person for intentional commission of a criminal offence .

(5) In order to safeguard this right, it shall immediately disclose the circumstances of the Authority to the Authority. In such cases, the Authority shall issue a residence permit, the purpose of which is in any case the purpose of the purpose of the stay, which was originally derived from the applicant or which has since been held.

Reclassification and withdrawal of an indefinite right of establishment

§ 28. (1) Lets against a holder of a residence permit "Permanent residence-EC" (§ 45) or "Permanent stay-family member" (§ 48) the requirements of § 54 FPG for the release of a expulsion or the conditions of § 60 FPG for the If a ban on residence is issued, these measures may, however, not be imposed for the purposes of Article 66 of the FPG, the Authority shall be informed of the end of the permanent right of establishment and, on its own initiative, a temporary "settlement permit-unlimited" (§ 8 (2) (3)) (reclassification).

(2) Third-country nationals who are in possession of a residence permit may be withdrawn if they are subject to a legally enforceable, enforceable return decision (a residence ban) of another EEA Member State which has a right to return to the EU an acute danger to public security and public order or national security and the prohibition of residence

1.		is based on the criminal conviction of an intentional crime threatened with at least one year's imprisonment;
2.		, because there is a reasonable suspicion that the third-country national has committed offences in accordance with Z 1 or that there are concrete indications that he was planning such offences in the territory of an EEA Member State, or
3.		, because the third-country national has failed to comply with the entry and residence provisions of the issuing State.

(3) The withdrawal of the residence permit referred to in paragraph 2 shall be inadmissible if, by means of the execution of the return decision, Articles 2 and 3 of the ECHR, Protocol No 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms on the Abolition of the Convention the death penalty, BGBl. No 138/1985, or Protocol No 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms, on the complete abolition of the death penalty, BGBl. III. No 22/2005, would be infringed.

(4) If, by the withdrawal of the residence title referred to in paragraph 2, dignity is taken into account in the private or family life of the stranger, this withdrawal shall only be permissible if this is urgently required in order to achieve the objectives set out in Article 8 (2) of the ECHR is.

Participation of the stranger

§ 29. (1) The foreigner shall be involved in the proceedings.

(2) If the stranger does not succeed in proving an alleged relationship of relationship to which he is based in accordance with this Federal Law, by means of unsafe documents, the Authority shall, at his request and at his expense, have the right to take a decision. DNA analysis. The stranger is to be lecturing about this possibility. The lack of demand from the stranger on the assumption of a DNA analysis is not a refusal of the stranger to participate in the clarification of the facts and has no effect on the evidence.

(3) In the further proceedings, only the information about the relationship of the relationship may be processed; any further data shall be deleted.

Residence permit and residence permit

§ 30. (1) Spouses who do not have a common family life within the meaning of Article 8 of the ECHR may not rely on marriage for the issue and retention of residence permits.

(2) In the case of a child instead of a stranger, the granting and retention of residence permits may only be based on such adoption if the obtaining and retention of the residence permit is not the sole or exclusive reason for the adoption of the residence permit. the adoption of the child was taking place.

Framework conditions

§ 31. The behaviour of a stranger in Austria has to be oriented towards social, economic and cultural life in Austria, as well as to the fundamental values of a European democratic state and its society.

Self-employment

§ 32. With the exception of the cases of § 2 paragraph 1 Z 7, the admission of a self-employed activity-without prejudice to additional allowances according to other federal or state laws-requires the issuing of a residence permit with a corresponding purpose.

Unselfemployed activity

§ 33. (1) The right to pursue an unselfemployed activity is governed by the provisions of the Foreigners Employment Act, without prejudice to the right of residence or establishment.

(2) The communications of the regional office of the Labour Market Service pursuant to § § 12 (9) and (17) (2) of the German Federal Employment Service (AuslBG) may be requested by the Office of the Office for the benefit of the Office.

7. Main piece

Use of personal data

General

§ 34. (1) The authorities under this Federal Act may only use personal data insofar as this is necessary for the performance of the tasks assigned to them.

(2) The authorities under this federal law may only process personal data of third parties and the social security number if their eligibility is not provided for from the total amount of stored data. The procedural data shall be deleted as soon as they are no longer required, at the latest ten years after the date of entry into force of the decision.

Using discovery service data

§ 35. (1) The competent authorities and professional representative authorities in accordance with this Federal Act are empowered to treat strangers who apply for a residence permit or to whom such a residence permit is to be issued.

(2) § § 64 and 65 (4) to (6) and Section 73 (7) of the Security Policy Act (SPG), BGBl. No 566/1991.

(3) The Authority shall require a foreign person to be subject to a recognition service under the notification of the relevant reason, without any form of formal notice. If the person concerned does not comply with the request, he or she shall be required in writing, with reference to the consequences of a lack of participation, to ask for another time to take the recognition service.

Central process file; information composite system

§ 36. (1) The authorities under this Federal Act are empowered to process and use the procedural data they have determined, which is procedural information on applications, decisions and appeals. The Federal Minister of the Interior is responsible for the functions of the operator in accordance with § 50 of the Data Protection Act 2000 (DSG 2000), BGBl. I n ° 165/1999, as well as the service provider within the meaning of Section 4 (5) of the German Data Protection Act (DSG 2000).

(2) The authorities under this federal law are empowered to identify procedural data processed by asylum and tourist police authorities if this is strictly necessary for the performance of their duties.

(3) Queries from the central processing file are only permitted insofar as this is necessary for the concern of a task assigned under this Federal Act and the foreign is at least according to the name, a number assigned to it or a Papillary line pressure is determined.

(4) The data processed in the central processing file shall be subject to section 34 (2).

Participation and co-action obligations

§ 37. (1) The authorities under this Federal Act are obliged to provide the information referred to in Article 102 (1) of the FPG for the purpose of further processing within the framework of the Central Tourist Register, according to the residence of the foreign authority responsible for the purpose of further processing. to the extent that they are not themselves technically able to process data within the framework of the Central Tourism Register.

(2) The citizenship authorities shall inform the competent authority in accordance with this Federal Law of the granting of citizenship to a stranger.

(3) The criminal courts have prosecutions of charges relating to the jurisdiction of the regional courts, final convictions following the sentencing of the verdict, the imposition and removal of pre-trial detention, and the Penal and judicial detention centres shall notify the applicant and the end of a sentence of imprisonment of strangers to the competent authority of the first instance in accordance with the provisions of this Federal Act. Such communications shall be notified to the Appellate Authority by the Authority of First Instance, in so far as the proceedings are pending in second instance.

(4) If the authority suspects that there is a reasonable suspicion that there is a residence or a residence permit with regard to a particular stranger, it shall have the authority of the competent authority in the event of an official act under this Federal Act. to communicate this suspicion. If the Tourist Office informs that there is no residence permit or a residence permit, or if the notice of the Tourist Office does not take place within three months (§ 110 FPG), the authority must assume the existence of a marriage or adoption.

(5) The authorities of the Federal Government, the Länder and municipalities, the offices of the Labour Market Service, and the social security institutions which have lawfully available data are empowered and, upon request, obliged to provide the Authority with such data. , provided that they are required for a procedure for issuing a residence permit. A refusal of the information is not permitted. The data shall be deleted immediately if it is no longer required for the fulfilment of the specific purpose.

International and Community traffic

§ 38. (1) In so far as the Federal Government is authorized to conclude governmental agreements pursuant to Art. 66 (2) B-VG, it may conclude intergovernmental agreements on the transfer of data processed in accordance with § 35 of foreign nationals, which are not members of the States Parties shall conclude to certain recipients. Provision should be made for reciprocity to be granted and for a deletion by a State party to the contract within six months to delete the data transmitted to the other contracting state.

(2) Personal data from strangers, which have been transferred from abroad on the basis of an agreement concluded in accordance with paragraph 1, may be processed in the Central Information Collection.

(3) The National Contact Point (§ 6) is empowered to transmit processed data from strangers to other national contact points pursuant to Section 102 (1) (1) to (11) of the FPG, as well as corresponding data from other national contact points. to receive and process national contact points.

Admissibility of the use of the data of the Central Register of Melting

§ 39. In the case of one of the authorities responsible under this federal law in accordance with the reporting act in 1991, BGBl. No 9/1992, the query in the central register register can be used to provide the ability to choose from the total quantity of all data processed in the central register register, in addition to the name, according to the address of the residence.

Branch register

§ 40. (1) The Federal Minister of the Interior shall keep an automatic register in which all residence permits issued and applied for in the year concerned (§ 8) and documentation of residence and residence in the Community shall immediately be carried out in the register. Right of establishment (§ 9), in each case separately by type and with indication of sex, age, nationality, country of origin, target state, family status, school and vocational training of the concerned foreign, and purpose of his stay. The Authority shall, without prejudice to other investigative appropriations, be authorised to identify such data. The data shall be anonymized immediately after the investigation and shall be transmitted to the Federal Minister of the Interior in this form. After transmission, the Authority shall delete the data.

(2) The authorities have immediately and continuously informed the Federal Minister of Home Affairs of the residence permit (§ 8) and documentation of Community law which they have issued and applied for in each case. The right to stay and the right of establishment (§ 9) within the meaning of section 1 and above, to be informed on a monthly basis on the basis of the fulfilment of the quota obligation.

(3) If the number of residence permits established for a country or the federal territory in the establishment regulation (§ 12) has been reached, the Federal Minister of the Interior of the Federal Minister for the Interior of the Federal Republic of Germany (Federal Minister for the Interior) has to .

2. TEIL

SPECIAL PART

1. Main item

Establishment of third-country nationals

Establishment permit-key force

§ 41. (1) Third-country nationals may be granted a "Establishment Authorisation-Key Power" if:

1.		they have the conditions of 1. Meet Part;
2.		there is a quota place and
3.		a written communication from the regional office or an expert opinion from the State Office of the Labour Market Service pursuant to § § 12 (4) or 24 of the German Federal Employment Service (AuslBG).

(2) Decisions concerning the granting of a "settlement permit-key power" shall also be taken by the competent authority in accordance with § § 12 or 24 of the German Federal Foreign Office (AuslBG) without delay, but at the latest within six weeks from the date of application of the application. A written notice from the regional office or an expert opinion from the National Office of the Labour Market Service shall be issued if the application is submitted.

1.		Due to a formal defect (§ § 21 to 24);
2.		is to be dismissed due to compelling reasons of grant (§ 11 (1)), or
3.		in the absence of a quota place.

(3) In the case of the negative decision of the regional office of the Labour Market Service on the admission as an independent key force (§ 12 AuslBG) in legal force, the procedure is to be adjusted without further ado. If the opinion of the State Secretariat of the Labour Market Service in a procedure on the application for admission as a self-employed key power is negative (§ 24 AuslBG), the application is to be dismissed without further ado.

(4) The initial authorisation as a key force shall be granted to a stranger for a maximum period of 18 months.

(5) Holders of an upright residence permit for students (§ 64) may, after successful completion of their studies at a university, university of applied sciences or accredited private university, take part in a purpose-change procedure "establishment permit-key force" shall be granted if the conditions laid down in (1) (1) and (3) are met.

Residence permit-excluding gainful employment

§ 42. (1) Third-country nationals may be granted a "residence permit-excluding gainful activity" if:

1.		they have the conditions of 1. Meet Part;
2.		there is a quota place and
3.		whose fixed and regular monthly income corresponds to the level after the double of the indicative rates of § 293 ASVG.

(2) Third-country nationals who have been the holders of privileges and immunities (Article 95 of the FPG) may be granted a "residence permit-other than gainful activity" if it is

1.		the conditions of the 1. Fulfill Part and
2.		have been retired.

Residence permit-unrestricted

§ 43. The "residence permit-unrestricted" is if the conditions of the 1. Parts are to be granted:

1.		at key forces at the earliest after a period of 18 months after establishment, if a notification is available in accordance with Section 12 (9) of the German AuslBG (AuslBG) and
2.		to third-country nationals in the event of a reclassification in accordance with Section 28 (1).

Establishment permit-limited

§ 44. (1) Third-country nationals with a "Establishment Authorisation-Key Force" may be granted a "Settlement Authorisation-limited" in a quota-free form if:

1.		they have the conditions of 1. Fulfill Part and
2.		is an entitlement under the Foreigners Employment Act (AusländerEmployment).

(2) Third-country nationals who have a right of establishment under a legislative act of the European Union may be granted a "residence permit-limited" for the purposes of self-employment if they have: Prerequisites for the 1. Part.

Residence permit "Permanent residence-EC"

§ 45. (1) A residence permit entitled "Permanent residence-EC" may be issued to third-country nationals who have been entitled to establishment in the last five years without interruption if they

1.		the conditions of the 1. Fulfill Part and
2.		have met the integration agreement.

(2) The five-year period referred to in paragraph 1 shall be interrupted if, within that period, the third-country national has held a total of more than ten months, or continuously more than six months, outside the territory of the Federal Republic. In such cases, the period shall begin to run again from the date of the last lawful entry.

(3) For reasons worthy of particular consideration, such as a serious illness, the fulfilment of a social obligation or the performance of a service comparable to that of compulsory military service, the third-country national may: during the five-year period up to 24 months outside the territory of the Federal Republic of Germany, without interrupting it, if it has been shown to inform the Authority that it has done so.

(4) Weiters shall not be interrupted for the five-year period if the third-country national is staying outside the territory of the Federal Republic of Germany in the course of his professional activities, in particular for the cross-border provision of services.

(5) If an agreement of the determining authority is in accordance with Article 7 (2) of the Asylum Act 2005, a residence permit entitled "Permanent residence-EC" shall be issued by the person concerned on its own account, unless there is a case of § § 47 or 48; in this case it shall be to issue a residence permit "permanent residence-family member" (§ 48) on the basis of an official residence permit. Such acts shall not be subject to the obligation to pay. The asylum authority shall be notified of the final issue of the residence permit.

Provisions on family reunification

§ 46. (1) Members of the family of third-country nationals in accordance with section 42 may be granted a "residence permit-other than gainful employment" if:

1.		they have the conditions of 1. Fulfill Part and
2.		in the case of family members of third-country nationals within the meaning of section 42 (1), there is a quota place.

(2) The members of the family of third-country nationals in accordance with § 44 (2) may be granted a "residence permit-other than gainful employment" without quoting if they are satisfied with the conditions of the 1. Part.

(3) Key members of the family (§ 41) may be granted a "settlement permit-limited" for a maximum period of 18 months if:

1.		they have the conditions of 1. Fulfill Part and
2.		there is a quota place.

(4) Members of the family of third-country nationals shall be subject to a "residence permit-limited" if:

1.		they have the conditions of 1. Meet Part;
2.		there is a quota place and
3.		of the merging
a)			a residence permit entitled "Permanent residence-EC";
b)			a "residence permit-unrestricted";
c)			hold a settlement permit other than a "settlement permit-excluding gainful employment" in accordance with § 42 and has complied with the integration agreement (§ 14), or
d)			Asylum seekers and § 34 (2) Asylum Act 2005 shall not apply.

(5) The members of the family of third country nationals are in the cases referred to in paragraph 4 (3) (3) (a), (b) and (d) if they satisfy the requirements of the first subparagraph Continue to grant a "settlement permit-unrestricted" after twelve months from the establishment.

2. Main piece

Members of the family and other members of permanent confederation of persons residing permanently in Austria

Residence permit "family member" and "residence permit-member"

§ 47. (1) The merging parties referred to in paragraphs 2 to 4 are Austrians or EEA citizens or Swiss citizens who are permanently resident in Austria and who do not have the right to free movement.

(2) Third-country nationals who are members of the family of persons who are members of the family within the meaning of paragraph 1 of this Article shall be entitled to a residence permit "family member" if they satisfy the requirements of the first subparagraph. Part. This residence permit shall be subject to the conditions laid down in the first paragraph. Part once for the period of 12 months, thereafter to be extended by 24 months.

(3) In the sense of paragraph 1, members of the confederation may be granted a quota-free "residence permit-member" on application if they satisfy the conditions of 1. Fulfill Part and

1.		relatives of the merging or his/her spouse who are in a straight ascending line, provided that they are effectively supported by the same;
2.		are partners who demonstrate the existence of a permanent relationship in the country of origin and actually support them; or
3.		other members of the confederation,
a)			which have already been subject to maintenance by the applicant in the country of origin;
b)			who have already been living in the home state in the home country and have been dependent on them, or
c)			in which serious health reasons make personal care compulsory by the merging person.
Without prejudice to its own resources, the merging person shall also have to make a declaration of liability.

(4) Members of the confederation within the meaning of paragraph 1 who have a "residence permit-member" (par. 3), a "settlement permit-limited" may be granted if:

1.		they have the conditions of 1. Meet Part;
2.		there is a quota place and
3.		is an entitlement under the Foreigners Employment Act (AusländerEmployment).

(5) In the cases of § 27 (3), if the conditions of the 1. Part of the Commission's proposal is that third-country nationals who have a residence permit "family member" are granted a "residence permit-unrestricted".

Residence permit "permanent residence-family member"

§ 48. (1) Members of the family of confederation members within the meaning of Section 47 (1), who have already been entitled to establishment for five years, shall be entitled to a residence permit entitled "Permanent residence of family members" if they:

1.		the conditions of the 1. the part,
2.		have complied with the integration agreement; and
3.		in the case of the spouse for at least two years, they have been married to the confederation.

(2) With regard to the opening of the five-year period referred to in paragraph 1, § 45 (2) to (4) shall apply.

3. Main piece

Establishment of long-term residents of third country nationals from other Member States and their family members

Third-country nationals with a residence permit entitled "Permanent residence-EC" of another Member State

§ 49. (1) Third-country nationals who have a residence permit entitled "Permanent residence-EC" of another Member State may be granted a "residence permit-excluding gainful activity" if:

1.		they have the conditions of 1. Fulfill Part and
2.		there is a quota place.

(2) Third-country nationals who have a residence permit entitled "Permanent residence-EC" of another Member State may be granted a "residence permit-limited" for the pursuit of an activity in a non-self-employed capacity, if:

1.		they have the conditions of 1. the part,
2.		there is a quota place and
3.		is an entitlement under the Foreigners Employment Act (AusländerEmployment).

(3) The third-country national referred to in paragraph 2 may not be granted a "residence permit-unlimited" at the earliest after a period of twelve months if:

1.		they have the conditions of 1. Fulfill Part and
2.		a communication pursuant to Section 17 (2) of the AuslBG is available.

(4) Third-country nationals who have a residence permit entitled "Permanent residence-EC" of another Member State may, for the purposes of a self-employed activity, be restricted to a "residence permit" limited to 12 months. shall be granted if:

1.		they have the conditions of 1. Fulfill Part and
2.		there is a quota place.

(5) In the cases referred to in paragraphs 1, 2 and 4 above, the application shall be submitted within a period of three months from the date of entry. This application shall not be entitled to a stay lasting longer than three months from the date of entry into the Federal territory. In such cases, the Authority shall decide within a period of four months.

Family members of third-country nationals with a residence permit "Permanent residence-EC" of another Member State

§ 50. (1) Members of the family of third-country nationals who have a residence permit entitled "Permanent residence-EC" of another Member State may, in the cases of § 49 (1), be entitled to a "residence permit-excluding gainful employment" and in the cases of the § 49 (2) or (4) shall be granted a "settlement permit-limited" if:

1.		they have the conditions of 1. Fulfill Part and
2.		in the case of the spouse at the time of establishment, an upright marriage exists with the third-country national.

(2) In the cases referred to in paragraph 1, the application shall be submitted within a period of three months from the date of entry. This application shall not be entitled to a stay lasting longer than three months from the date of entry into the Federal territory. In such cases, the Authority shall decide within a period of four months.

4. Main piece

Right of establishment under Community law

Right of establishment for EEA citizens

§ 51. EEA citizens who exercise their right to freedom of movement and reside in the Federal Republic for more than three months are entitled to establish a place of residence if they

1.		are employed or self-employed in Austria;
2.		for themselves and their family members, have sufficient health insurance and demonstrate that they have sufficient means of living to conserve their livelihood, so that they do not have to be able to social assistance, or
3.		complete an apprenticeship at a legally recognised public or private school or educational institution and meet the requirements of Z 2.

Right of establishment for members of EEA citizens

§ 52. Members of EEA citizens entitled to freedom of movement (§ 51), who are themselves EEA citizens, shall be entitled to establish a place of business if they

1.		Ehegatte;
2.		Relatives of the EEA citizen or his/her spouse in a straight descending line to the completion of the 21. years of life and beyond, provided that they are actually granted by such maintenance;
3.		Relatives of the EEA citizen or of his/her spouse are in a straight ascending line, provided that they are actually granted by such subsists;
4.		is a life partner who proves the existence of a permanent relationship in the country of origin, or
5.		other members of the EEA citizen,
a)			which have actually been subject to maintenance by the EEA citizen in the country of origin,
b)			who have already lived in the home state in the home country with the EEA citizen, or
c)			in which serious health reasons make personal care mandatory,
and accompany it or follow it.

Registration certificate

§ 53. (1) EEA citizens who exercise their right to freedom of movement and whose members are entitled, in accordance with § 52, if they are staying in the territory for more than three months, at the latest after three months from their establishment, the latter of the Authority . If the conditions are fulfilled (§ § 51 or 52), a registration certificate must be issued by the authority upon request. This document is also valid as a document to certify the permanent residence of the EEA citizen.

(2) In order to prove the right, a valid identity card or passport as well as

1.		In accordance with § 51 Z 1, confirmation of the employer or proof of independence;
2.		in accordance with § 51 Z 2, proof of sufficient health insurance and sufficient means of existence;
3.		in accordance with § 51 Z 3, proof of sufficient health insurance and of admission to a school or educational establishment, as well as a declaration or other documents concerning sufficient resources;
4.		According to § 52 Z 1, a documentary proof of the existence of the marriage;
5.		According to § 52 (2) and (3), a documentary evidence of the existence of a family relationship as well as in children from the completion of the 21. the life year and relative of the EEA citizen or his/her spouse in a straight ascending line, proof of the actual maintenance of the maintenance;
6.		According to § 52 Z 4, proof of the existence of a lasting relationship with the EEA citizen in the country of origin;
7.		in accordance with Article 52 (5) (5), a documentary evidence of a competent authority of the State of origin of the maintenance of the EEA citizen or of life in the domestic community, or proof of the serious health reasons that the personal to make it mandatory for the citizens of the European Economic Area,
.

Permanent residence cards

§ 54. (1) Members of EEA citizens entitled to freedom of movement (§ 51) who are not EEA citizens and who fulfil the conditions set out in § 52 (1) to (3) shall have the right to establish a place of business. Upon request, you must issue a permanent residence card for a period of ten years. This application shall be submitted no later than three months from the date of establishment.

(2) In order to prove the right, a valid identity card or passport as well as

1.		According to § 52 Z 1, a documentary proof of the existence of the marriage;
2.		In accordance with § 52 (2) and (3), a documentary evidence of the existence of a family relationship and of children over 21 years of age and relatives of the EEA citizen or of his/her spouse in a straight ascending line shall be proof of the actual Maintenance
.

Absence of right of establishment

§ 55. (1) If the right of establishment documented in accordance with § § 51, 52 and 54 does not exist, because there is a danger for reasons of public order, security or health, or because the evidence is not provided pursuant to § 53 (2) or § 54 (2). , the Authority shall inform the applicant in writing of the non-existence of the conditions and shall inform him that the Office of the Tourism Authority has been referred to a possible end-of-residence permit. The Tourism Authority shall be referred to the applicant without delay and at the latest at the same time as the notification.

(2) In the event of a residency (§ § 53 and 54 FPG), the Tourist Office shall inform the Authority accordingly. In this case, the Authority shall immediately carry out the documentation of the right of residence and establishment.

(3) In the case of a residency in legal force, the procedure shall be terminated. The procedure should be continued in the event of a termination of a residence, if a temporary residence measure is not renewed.

Special cases of establishment of nationals of EEA citizens

§ 56. (1) Members within the meaning of Section 52 (4) and (5) of EEA citizens entitled to freedom of movement (§ 51), who are themselves non-EEA citizens, may, upon request, be granted a quota-free "residence permit-member" if they satisfy the requirements of the 1. Part. In any event, without prejudice to its own resources, the cooperating EEA citizen shall also be responsible for making a declaration of liability.

(2) In order to prove the right, a valid identity card or passport as well as

1.		in accordance with Section 52 (4), the evidence of the existence of a lasting relationship with the EEA citizen in the country of origin;
2.		in accordance with Article 52 (5) (5), a documentary evidence of a competent authority of the State of origin on the maintenance of the EEA citizen or of life in the domestic community, or proof of the serious health reasons which the to make personal care by the EEA citizen mandatory,
.

(3) The members of paragraph 1 of this article may be granted a "settlement permit-limited" if:

1.		they have the conditions of 1. part of the
2.		there is a quota place and
3.		is an entitlement under the Foreigners Employment Act (AusländerEmployment).

Swiss citizens and their relatives as well as members of Austrians

§ 57. The provisions of § § 51 to 56 also apply to Swiss citizens who have taken advantage of their right to free movement and their relatives as well as to relatives of Austrians, provided that they take advantage of their right to freedom of movement , have been applied.

5. Main piece

Residence permits

Rotation workers

§ 58. Third-country nationals can be issued a residence permit as a rotational labour force (§ 2 para. 10 AuslBG) if:

1.		they have the conditions of 1. Fulfill Part and
2.		a certificate of protection or an entitlement for rotational labour according to the Foreigners Employment Act.

Operational dispatches

§ 59. Third-country nationals can be issued a residence permit as an operating posted (§ 18 para. 4 AuslBG) if:

1.		they have the conditions of 1. Fulfill Part and
2.		a certificate of protection or an employment permit as an operational dispatcher.

Self-employed

§ 60 (1) A third-country national may be issued a residence permit as a self-employed person if:

1.		the conditions of the 1. the part,
2.		are contractually bound to carry out a specific activity, and this obligation shall be longer than six months; and
3.		the regional office of the Labour Market Service, at the request of the Authority, has established that a self-employed activity within the meaning of Z 2 is present in the exercise of this activity in the economic and labour market aspects of the The interest of Austria is and the exercise of this activity does not constitute a circumvention of the provisions of the Foreigners Employment Act.

(2) Following the granting of a residence permit as referred to in paragraph 1, the Authority shall have the authorisations and a copy of the contract and the regional office of the Labour Market Service to be established for the purposes of enforcement of the The customs office responsible for foreign employment law, in whose local area the contracting authority has its head office. If the contracting authority does not have a registered office in Germany, they shall be sent to the customs office responsible for the place of residence of the third-country national. The Authority shall be shown to inform the third-country national of the submission of the notification.

Artists

§ 61. Third-country nationals may be issued with a residence permit as an artist if:

1.		whose activity is primarily determined by the tasks of artistic design, provided that their maintenance is covered by the income which they derive from their artistic activities; a declaration of liability is admissible;
2.		they have the conditions of 1. Fulfill Part and
3.		in the case of non-independence, a certificate of protection or an employment permit as an artist is available under the Foreigners Employment Act.

Special cases of unselfemployment

§ 62. Third-country nationals may be issued with a residence permit for the purpose of paid employment with a specific employer, if:

1.		they have the conditions of 1. Fulfill Part and
2.		An activity which is excluded from the factual scope of the Foreigners Employment Act (§ 1 para. 2 to 4 AuslBG).

Pupils

§ 63. (1) A third-country national may be issued a residence permit for pupils if:

1.		the conditions of the 1. Meet Part;
2.		ordinary pupils of a public school;
3.		are ordinary pupils of a private school with public law;
4.		Students of a state school with a public right according to § 14 para. 2 lit. b of the private school law, BGBl. No 244/1962, or
5.		Students of a certified non-school educational institution are (§ 70).
A declaration of liability shall be admissible.

(2) The exercise of an employment is governed by the Foreigners Employment Act (AusländerEmployment). In any event, this activity must not affect the requirement of school education as an exclusive purpose of residence.

(3) If the residence of the third-country national is paid to a school within the meaning of paragraph 1, the extension of a residence permit for this purpose shall be permitted only if the third-country national provides evidence of the success of the school. If there are grounds for withdrawing from the sphere of influence of the third-country national, whether unforeseeable or unforeseeable, a residence permit may be renewed, despite the absence of a successful outcome.

Students

§ 64. (1) Third-country nationals may be issued with a residence permit for students if:

1.		the conditions of the 1. Fulfill Part and
2.		carry out an orderly or extraordinary study at a university, university of applied sciences or accredited private university and, in the case of a university course, not only serve to teach a language.
A declaration of liability shall be admissible.

(2) The exercise of an employment is governed by the Foreigners Employment Act (AusländerEmployment). This activity must not affect the requirement of studies as an exclusive purpose of residence.

(3) The extension of a residence permit for this purpose shall only be permitted if the third-country national is resident in accordance with the relevant study-related legal requirements. Regulations apply to the University of Applied Sciences, University of Applied Sciences or accredited private university. If there are grounds for withdrawing from the sphere of influence of the third-country national, whether unforeseeable or unforeseeable, a residence permit may be renewed, despite the absence of the success of the studies.

Holder of a residence permit "permanent residence-EC" of another Member State

§ 65. Third-country nationals who have a residence permit entitled "Permanent residence-EC" of another Member State may be granted a residence permit for training purposes (§ § 63 or 64) if they satisfy the requirements of § § 63 to 64 .

Social service providers

§ 66. (1) Third-country nationals may be issued a residence permit for social service providers if:

1.		they have the conditions of 1. Meet Part;
2.		the service to be provided is not subject to the Foreigners Employment Act and is provided in a non-profit-making and non-profit-making organisation which itself does not pursue any activity;
3.		the provision of the service does not pursue any activity;
4.		the organization in which they provide their service has issued a liability declaration; and
5.		a training or training character of the activity is demonstrated.

(2) The residence permit shall be issued for a period of not more than one year; an extension shall not be possible.

Researchers

§ 67. (1) A "residence permit-researcher" may be issued to third-country nationals if:

1.		they have the conditions of 1. Fulfill Part and
2.		An activity which is excluded from the objective scope of the Foreigners Employment Act, for a research institution.

(2) If a host agreement of a certified research institution with a third country national is available (§ 68), he is to be granted a residence permit as a researcher. In this case, the examination of the requirements of § 11 para. 2 Z 3 and 4 is no longer necessary.

Receiving Agreement

§ 68. Prior to the conclusion of a hosting agreement, the research institution must assess the researcher's qualifications for the specific research project. In any case, this has to contain:

1.		the contracting parties;
2.		the purpose, duration, scope and financing of the specific research project;
3.		a declaration of liability towards all local authorities for residency and return costs; this liability shall end six months after the end of the hosting agreement, unless it has been erratic.

Maintenance of the family community

§ 69. In the case of a family community in the country of origin of the third-country national, a secondary residence permit may be issued to the members of his/her family and to his/her secondary children if they fulfil the conditions laid down in the first paragraph of this Article. Part. The period of validity of the residence permit shall be based on the duration of the residence permit issued by the third-country national.

(2) Paragraph 1 shall not apply to members of the family of third country nationals who have been granted a residence permit for works dispatches (§ 59), for self-employed persons (§ 60), for pupils (§ 63) or for social service providers (§ 66).

6. Main piece

Certification of facilities

Certified non-school educational institution

§ 70. (1) The Federal Minister for Home Affairs has to issue a certificate with a certificate of validity of five years on a duly substantiated request, if these are the tasks and the nature of a school within the meaning of § 2 Section 1 of the School Organization Act, BGBl. No 242/1962, and correspond to the nature and scope of its existence. Certified non-school educational institutions shall be published at least once a year in an appropriate manner, in particular on the Internet. Non-school educational institutions, which are of legal entities within the meaning of Section 1 (1) of the Official Liability Act (AHG), BGBl. N ° 20/1949, do not require certification.

(2) An extension of the certificate must be refused and an existing certificate must be withdrawn if the requirements of the certification are not available or are no longer available or the certification has been made more difficult.

(3) The renewal of the certificate may be refused or an existing certificate may be withdrawn if the person in charge of a non-school educational establishment is more than once for an administrative surrender in accordance with § 77 (2) Z 1 or 2 have been punished in a legally binding manner.

(4) Responsible for certified non-school educational institutions shall immediately be responsible for:

1.		the local competent authority of any circumstance in the person of a trainee who cannot be expected to continue his education, or within two months of the completion of a pupil's training; and
2.		The Federal Minister of the Interior, on any circumstance which makes it impossible to carry out the tasks referred to in paragraph 1,
.

Certified research institution

§ 71. (1) On a reasoned request, the Federal Minister for the Interior shall issue a certificate with a validity period of five years, if:

1.		the research purpose of the institution;
2.		the liability for researchers has been declared on the basis of admission agreements (§ 68);
3.		the appropriations for the conclusion of admission agreements (§ 68) are established; and
4.		the conditions of other national or national legal provisions relating to the operation of the research institution are fulfilled.
The application is to be enclosed by an expert opinion of the Austrian Research Promotion Agency (Österreichische Forschungsförderungsgesellschaft mbH) on the research purpose of the institution. Certified research institutions shall be published at least once a year in an appropriate manner, in particular on the Internet. Research institutions operated by legal entities within the meaning of § 1 sec. 1 AHG require no certification for the conclusion of admission agreements.

(2) An extension of the certificate must be refused and an existing certificate must be withdrawn if the requirements of the certification are not available or are no longer available or the certification has been made more difficult.

(3) The renewal of the certificate may be withheld or an existing certificate may be withdrawn if the person in charge of a research institution is more than once due to an administrative surrender pursuant to § 77 (2) Z 1 or 2 have been legally punished.

(4) Responsible for a certified research institution shall immediately:

1.		the local authority responsible for any early termination of a hosting agreement, of any circumstance in the person of the researcher who does not allow his further participation in the research project to be expected, or within two months on the termination of the research project and the agreed termination of the hosting agreement;
2.		The Federal Minister of the Interior, on any other circumstance that prevents the implementation of the research project;
.

7. Main piece

Residence permit for humanitarian reasons

Residence permit for humanitarian reasons

§ 72. (1) In spite of the existence of a grant of grant (§ 11 para. 1), the authority may, in spite of the existence of a ban on residence (Article 11 (1) (1) and (2)), be able to reside in the territory of a resident of the Federal Republic of Germany, in particular cases which are particularly worthy of consideration. , on humanitarian grounds, shall issue a residence permit on its own account. In particular, reasons worthy of consideration shall be the case where the third-country national is exposed to a risk in accordance with § 50 FPG. Third-country nationals who have left their home country as victims of armed conflict may be granted such a residence permit only for the probable duration of this conflict, but not more than three months.

(2) In order to ensure the prosecution of criminal acts or to assert and enforce civil claims in connection with such acts, third country nationals, in particular witnesses or victims, may: of trafficking in human beings or cross-border prostitution, a residence permit for humanitarian reasons, for the necessary duration, but at least for six months.

Residence permit for humanitarian reasons

§ 73. (1) The Authority may grant third-country nationals, in the presence of the conditions laid down in § 72, a "residence permit-limited" or a "settlement permit-excluding gainful employment". The provisions relating to the quota obligation shall not apply.

(2) For humanitarian reasons, a "settlement permit-limited" may be issued by the office of the Office if:

1.		the stranger has fulfilled the integration agreement (§ 14) and
2.		in the case of paid employment, there is an entitlement under the Foreigners Employment Act (AusländerEmployment).

(3) For humanitarian reasons, the Office may be granted a "residence permit-excluding gainful employment" if the foreign party has fulfilled the integration agreement (§ 14).

(4) If, for humanitarian reasons, a "residence permit-limited" is to be granted in the case of family reunification (Section 46 (4)), the Authority shall also have to submit a separate application as a preliminary question for the examination of humanitarian grounds (§ 72). shall decide and agree separately on the application if the application is not taken into account. Such a request shall be admissible only if, at the same time, an application on the main question is tabled on family reunification or if such a request is already pending. The obligation to comply with the integration agreement is no longer required.

Domestic sanctias

§ 74. The Authority may, on its own account, authorise the domestic application of a residence permit or the healing of other procedural shortcomings if the conditions of § 72 are met.

Consent to the granting of a residence permit on humanitarian grounds

§ 75. The granting of a residence permit for humanitarian reasons in accordance with § § 72 to 74 requires the approval of the Federal Minister of the Interior.

8. Main piece

Right of residence for displaced persons

Displaced

§ 76. (1) The Federal Government, in agreement with the Main Committee of the National Council, may, in agreement with the Main Committee of the National Council, be directly affected by this Regulation for periods of armed conflict or other circumstances which endanger the safety of whole populations. Groups of strangers who otherwise do not find protection (displaced persons) grant a temporary residence permit in the federal territory.

(2) In the Regulation referred to in paragraph 1, the entry and duration of the residence of the strangers shall be settled in the light of the circumstances of the particular case.

(3) If a permanent integration is required as a result of the longer duration of the circumstances referred to in paragraph 1, it may be specified in the Regulation that certain categories of persons entitled to stay shall submit a request for the grant of a The right of establishment can be effective domestily and that the right of establishment can be granted to them in spite of the fact that a reason for a failure to act is to be granted.

(4) The right of residence granted by the Regulation shall be confirmed by the authority in the travel document of the foreign person. If he does not have a travel document, he is to issue an identity card for his or her ex-officals.

(5) The identity card is to be designated as a "passport for displaced persons", can be extended and is sufficient for the fulfilment of the passport obligation. The Federal Minister of the Interior shall determine by means of a regulation the form and the content of the identity card and the confirmation in accordance with paragraph 4.

3. TEIL

CRIMINAL, CLOSURE AND TRANSITIONAL PROVISIONS

Criminal provisions

§ 77. (1) Who

1.		an amendment to the residence permit during the validity of the residence permit of the Authority does not disclose without unnecessary delay or acts which are not covered by the scope of purpose;
2.		, more than once after the expiry of the last residence permit issued, an application for renewal shall be submitted for the grant of this residence permit;
3.		an invalid or non-objective document shall not be issued to the Authority;
4.		is required to comply with the integration agreement and does not provide proof of proof five years after the residence permit has been issued under this federal law for reasons which are exclusively attributable to him, unless a postponing of the residence permit has been made in accordance with Section 14 (8), or
5.		not applying for a registration certificate or a permanent residence card in accordance with § § 53 and 54,
shall be subject to an administrative surrender and shall be punished with a fine of up to 200 euros.

(2) Who

1.		does not comply with the reporting obligation pursuant to § 70 (4) and § 71 (4); or
2.		issued a liability declaration in accordance with § 2 (1) Z 15, even though he knew or had to know that he was unable to fulfil his obligation under the liability declaration,
shall be subject to an administrative surrender and shall be punished with a fine of up to EUR 1 500, in the case of their incriminality, with a custodial sentence of up to two weeks.

(3) Anyone who concludes an admission agreement (§ 68) without having sufficiently identified the required qualification of the researcher in the individual case is subject to an administrative surrender and is fined up to EUR 3 000, in the case of their Incrimination with imprisonment of up to four weeks, to be punished.

Official complaint

§ 78. The Federal Minister of the Interior is entitled to appeal against decisions of the independent administrative senates on administrative transgressions in accordance with § 77 both in favour and to the detriment of the person concerned within six weeks of an appeal for illegality in the case of the Administrative Court. The notice of appeal shall begin with the notification of the decision to the Authority.

Linguistic equality

§ 79. In so far as the names referred to in this Federal Act on natural persons are listed only in male form, they refer to women and men in the same way. In applying the name to certain natural persons, the gender-specific form shall be used.

References

§ 80. Insofar as provisions of other federal laws are referred to in this Federal Act, these are to be applied in their respectively applicable version.

Transitional provisions

§ 81. (1) Procedures for the granting of residence and establishment rights which are pending in the event of entry into force of this Federal Law shall be concluded in accordance with the provisions of this Federal Law.

(2) The residence and establishment rights granted before the entry into force of this Federal Act shall continue to apply within their period of validity and their validity to the extent that they shall, in accordance with the purpose of the stay, be subject to the provisions of this Federal law. In any case, the right to take up gainful employment requires the issuing of a residence permit under this Federal Act, provided that this was not already possible under the Tourism Act of 1997. The Federal Minister for the Interior is authorized to lay down, by means of a regulation which, before the entry into force of this Federal Act, the rights of residence and establishment have been granted for the purpose of their stay as a corresponding residence and residence permit. Rights of establishment pursuant to this Federal Act and the Law on Foreign Affairs continue to apply.

(3) Residence rights granted before the entry into force of this Federal Law, which, because it is a case of a temporary gainful activity (§ 2 para. 1 Z 7 and 8), have no purpose of residence to the provisions of this Act Federal law shall retain their validity until the expiry of the period.

(4) For EEA citizens who have already been legally established in the federal territory before the entry into force of this Federal Law and are registered under the Reporting Act in 1991, their upright notification shall be deemed to be a registration certificate in accordance with the Reporting Act in 1991. § 53.

(5) The fulfilment of the integration agreement under this federal law shall be deemed to have been provided if, at the time of the entry into force, strangers have already fulfilled the integration agreement in accordance with § 50a FrG or were exempt from the fulfillment. The provisions relating to the integration agreement (§ § 14 et seq.) shall not apply to strangers who are obliged to enter into the integration agreement pursuant to § 50a FrG if they are satisfied before the entry into force of this Federal Act of the integration agreement, which comply with the provisions of § 50a FrG until 31 December 2006 at the latest. Such fulfilment shall be deemed to be the fulfilment of the integration agreement under this Federal Act.

(6) § 77 sec. 1 Z 4 does not apply to strangers who had already been established before the entry into force of this federal law.

(7) The recognition service within the meaning of Article 2 (5) does not include the fingerprints of the fingers only if this is due to a directly applicable legal act of the European Union for the scope of this Federal Act is provided.

In-force pedals

§ 82. (1) This federal law shall enter into force 1. Jänner 2006 in force.

(2) ( Constitutional provision ) Section 13 (6) enters into force with 1. Jänner 2006 in force.

(3) Regulations or Government Conventions on the basis of this Federal Act may be adopted or concluded as from the day following its proclamation; however, they may not enter into force at the earliest with the entry into force of this Federal Act. set.

(4) ( Constitutional provision ) The Regulation for the year 2006 may, after the implementation of the procedure set out in § 13, be adopted from the date on which it is to be held; however, it may not, at the earliest, be subject to the entry into force of this Federal Law in Force is set.

Enforcement

§ 83. With the full education

1.		§ § 13, 38 (1) and (76) (1) is the Federal Government;
2.		§ § 5 (2) and (7) of the Federal Minister for Foreign Affairs, in agreement with the Federal Minister for the Interior;
3.		Section 15 (4) of the Federal Minister of the Interior, in agreement with the Federal Minister of Finance and Finance, and
4.		of the other provisions of the Federal Minister for the Interior
.

Article 5

Repeal of the 1997 Tourism Law

§ 1. The Federal Act on the Entry, Residence and Branch of Foreign Affairs (Tourism Act 1997-FrG), BGBl. I n ° 75/1997, as last amended by the Federal Law BGBl. I n ° 151/2004, other than § 18 (5), expires on 31 December 2005.

§ 2. ( Constitutional provision ) § 18 (5) of the Federal Act on the Entry, Residence and Site of Strangers (Tourism Act 1997-FrG), BGBl. I No 75/1997, shall expire on 31 December 2005.

Article 6

Amendment of the Federal Childcare Act

The federal law, which regulates the federal care of asylum seekers (Federal Care Act), BGBl. No. 405/1991, as last amended by the Federal Law BGBl. I n ° 32/2004, is amended as follows:

1. The title, short title and the abbreviation of this federal law are: