Asylum Act 2005

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Basic data
Title: Asylum Act 2005
Long title: Federal Law on Granting Asylum
Abbreviation: Asylum Act 2005
Type: Federal law
Scope: Republic of Austria
Legal matter: Right of asylum
Reference: BGBl. I No. 100/2005
Date of law: August 16, 2005
Effective date: July 1, 2008
Last change: Federal Law Gazette I No. 56/2018
Legal text: idgF ris.bka
Please note the note on the applicable legal version !

The Asylum Act 2005 ( AsylG 2005 ) is the central law of the Austrian asylum system after the legal matter was reorganized in the 2005 Aliens Law Package .

The AsylG regulates the requirements for granting international protection: Recognition as a refugee within the meaning of the Geneva Refugee Convention and the Status Directive (Qualification Directive) or the granting of subsidiary protection ( Refoulement Protection ) .

Asylum procedure according to the Asylum Act 2005

The basic content of the law is the regulation of the procedures and forms in the asylum procedure.

Application and admission procedure

An application for international protection can only be submitted in Germany to an organ of the public security service (police), after which the asylum seeker (asylum seeker) must submit it personally to one of the initial reception centers of the Federal Asylum Office. After the application has been submitted, the admission procedure determines whether Austria is responsible for examining the application. This is not the case if a final decision on an asylum application has already been made and the facts relevant to the decision have not changed ( § 68  AVG ), another state ( EU member states , Switzerland , Norway , Iceland ) based on the Dublin Regulation ( § 5 AsylG 2005) the substantive examination is incumbent upon or the asylum seeker can find protection from persecution in a safe third country ( § 4 AsylG 2005).

For the duration of the admission procedure, according to § 12 AsylG 2005, there is a territorial restriction : the asylum seeker has to stay in the area of ​​the district administrative authority concerned, with certain exceptions defined in the law.

Content procedure and granting of asylum

If Austria is responsible, it will be checked whether there are reasons for fleeing the Geneva Refugee Convention (fear of persecution due to race, religion, nationality, political convictions or belonging to a social group). If this fear of persecution is credible and if there are no grounds for exclusion from asylum in the Refugee Convention (e.g. particularly serious crimes, crimes against humanity ) or a domestic alternative to fleeing, the application will be granted and the status of person entitled to asylum (refugee status) will be granted ( Section 3 AsylG 2005).

Subsidiary protection

If the requirements for granting asylum are not met, a check is carried out to determine whether a refoulement ban (inadmissibility of expulsion, deportation, refusal, removal, transfer) is in place. Refoulement is not permitted if evacuation poses a real risk of violating Article 2 ( right to life ) or Article 3 ( prohibition of torture, inhuman or degrading punishment or treatment ) of the European Convention on Human Rights (ECHR), of Protocols No. 6 or No. 13 ( Abolition of the Death Penalty ) to the Convention or would pose a serious threat to life or integrity as a civil person as a result of arbitrary violence in the context of an international or domestic conflict. In these cases, subsidiary protection (refoulement protection, protection against deportation) is granted ( Section 8 AsylG 2005). This is valid for one year and is extended as long as the reasons for protection exist.

Negative decision and expulsion

If an asylum application is rejected or rejected or asylum is denied, i.e. if the requirements for granting protection are not met or if Austria is not responsible for examining asylum applications according to the Dublin Regulation due to third-country security or the responsibility of another country, the authorities will check whether an expulsion would violate Art. 8 of the ECHR ( right to private and family life ) or Art. 3 and determines whether the expulsion is admissible or inadmissible ( § 10 AsylG 2005).

Family proceedings

In order to avoid a separation of families and to preserve the family unit, applications of several family members are examined together. As a rule, they then receive the same protection status (asylum or subsidiary protection) or are expelled together. Close relatives living abroad (spouses, registered partners, minor children, parents of minor children) of recognized refugees or persons entitled to subsidiary protection can submit an application for entry to each embassy so that in Germany it can be checked whether the requirements for the extension of protection to the family members are available.

Other regulations of the law

Furthermore, the Asylum Act 2005 regulates the structure of the authorities, the formalities of the asylum procedure and the powers: The Federal Office for Immigration and Asylum decides on the application, there is the possibility of a complaint to the Federal Administrative Court as an extraordinary legal remedy.

Novellas

With the Aliens Law Amendment Act 2009 (FrÄG 2009, Federal Law Gazette I No. 122/2009 ), various procedural aspects were newly regulated. The Aliens Law Amendment Act 2011 (FrÄG 2011, Federal Law Gazette I No. 38/2011 ) clarified free legal advice in the asylum procedure.

Most recently, the law was fundamentally amended on the basis of the Aliens Law Amendment Act  2015 (FrÄG 2015, Federal Law Gazette I No. 70/2015 ), in which, among other things, the international protection ex officio  (§ 3a GVG-B, procedural omission in the case of international legal obligations of Austria) anchored more explicitly and the accelerated procedure  (§ 27a GVG-B) was introduced. In addition, the reporting system has been revised. Thus the new EU were Qualification / Qualification Directive of 2011 and the asylum procedure - and Reception Directive taken into account by-2013.

On April 27, 2016, the National Council passed a majority vote to amend the Asylum Act 2005. According to this, the right of refugees to an asylum procedure in Austria can be restricted (limited to six months) if there is a threat of excessive demands on state authorities or an overload of public services. The Federal Government must, if it restricts this right by 'emergency decree', the National Council represent over in detail the dangers of a without a temporary restriction of the right to asylum.

See also

Legal sources

literature

  • Helgo Eberwein, Eva Pfleger: Aliens law for studies and practice. LexisNexis, Vienna 2011, ISBN 978-3-7007-5010-9 .
  • UNHCR: Flight and Asylum in Austria - the most frequent questions and answers. 3rd edition, UNHCR office in Austria, November 2013 (PDF, unhcr.at ).

Web links

Individual evidence

  1. ↑ Long title of the Aliens Law Package: Federal law amending the Federal Constitutional Law, an Asylum Act 2005, an Aliens Police Act 2005 and a Settlement and Residence Act, the Federal Care Act , the Personal Status Act , the Federal Act on the Independent Federal Asylum Senate , the Introductory Act to the Administrative Procedure Acts 1991 , the Security Police Act , the Fees Act 1957 , the Family Burdens Equalization Act 1967, the Child Care Allowance Act and the Amortization Act 1972 are changed and the Aliens Act 1997 is repealed
  2. ↑ Aliens Law Amendment Act 2009 (330 dB). Parliamentary materials, National Council - XXIV. GP government proposals (laws) 330 dB, parlament.gv.at.
  3. ↑ a b Asylum System - General Information. Federal Ministry of the Interior, bmi.gv.at, accessed December 19, 2015.
  4. ↑ Interior committee approves alien law package - amendment clarifies the "right to stay". Parliamentary correspondence No. 866 of October 15, 2009, parlament.gv.at.
  5. ↑ Analysis of the draft for amendments to the Asylum Act 2005, Aliens Police Act 2005, Basic Welfare Act - Bund 2005, Settlement and Residence Act and Citizenship Act 1985. ( Memento of December 22, 2015 in the Internet Archive ) UNHCR, July 22, 2009, p. 35 ff (PDF , unhcr.at).
  6. ^ Aliens Law Amendment Act 2015 (582 dB). Parliamentary materials, National Council - XXV. GP government drafts (laws) 582 dB, parlament.gv.at.
  7. ↑ UNHCR analysis of the draft for the Aliens Law Amendment Act 2015. ( Memento of March 4, 2016 in the Internet Archive ) UNHCR, March 23, 2015, p. 19 ff (PDF, unhcr.at).
  8. ↑ Aliens law package brings a number of innovations for asylum procedures - National Council amends government draft in some points. Parliamentary correspondence No. 538 of May 21, 2015, parlament.gv.at.
  9. ↑ parlament.gv.at: In future, the right to asylum proceedings can be temporarily restricted ( Memento from April 27, 2016 in the Internet Archive ) (Parliamentary Correspondence No. 411 from April 27, 2016).