Basic Welfare Act - Federation 2005
| Basic data | |
|---|---|
| Title: | Basic Welfare Act - Federation 2005 |
| Long title: | Federal law that regulates the basic provision of asylum seekers in the admission procedure and certain other aliens |
| Abbreviation: | GVG-B 2005 |
| Previous title: | Federal law regulating the federal care of asylum seekers (Federal Care Act, BBG) |
| Type: | Federal law |
| Scope: | Republic of Austria |
| Legal matter: | Right of asylum |
| Reference: | BGBl. No. 405/1991 |
| Last change: | Federal Law Gazette I No. 32/2018 |
| New announcement: | BGBl. I No. 100/2005 |
| Legal text: | idgF ris.bka |
| Please note the note on the applicable legal version ! | |
The Basic Services Act - Bund 2005 , in the long title Federal Act, which regulates the basic provision of asylum seekers in the admission procedure and certain other aliens , formerly the Federal Care Act (federal law regulating the federal care of asylum seekers ) , regulates the support and care of asylum seekers in Austria ( Basic service ) .
With the Asylum Act, the federal government grants asylum seekers in Austria care in a federal care facility in accordance with Section 2 . This also applies to aliens whose asylum application has been rejected or rejected if the suspensive effect has been withdrawn from the complaint, as long as it is not granted again.
The law was passed in 1991. The original title referred to the fact that it regulated the responsibilities between the federal government and the federal states : “The federal government takes care of needy foreigners who have submitted an application under the Asylum Act ( asylum seekers ”, Section 1 (1) BBG 1991). Federal care was seen as critical until the beginning of the 2000s, especially because there was no legal entitlement.
Among other things, it was revised in 2004 and then came into force as the Federal Basic Welfare Act on January 1, 2005 ( Aliens Law Package 2005 , Federal Law Gazette I No. 100/2005 ). The basis of the new version is an equalization of burdens between the federal government and the federal states as a basic service agreement ( agreement on joint measures for temporary basic care for strangers in need of help and protection , Section 1 (2) GVG-B 2005).
With the Aliens Law Amendment Act 2009 (FrÄG 2009, Federal Law Gazette I No. 122/2009 ), various procedural aspects were newly regulated. Most recently, the law was changed in 2015 due to the Aliens Law Amendment Act 2015 - FrÄG 2015 ( Federal Law Gazette I No. 70/2015 ), whereby the provision according to which asylum seekers can fall out of the basic care after a negative asylum decision was weakened: A care has to be for humanitarian reasons until the de facto deportation or departure.
References and comments
- ↑ Together with the Aliens Police Act - Amendment 1991, Federal Law Gazette No. 406/1991 .
- ↑ according to § 2 of the Asylum Act, Federal Law Gazette No. 126/1968 (now § 3 of the AsylG 1997/2005 ).
- ↑ Heinz Fronek: Arbitrarily and mercy's sake. asylkoordination Österreich, February 2003 (asyl.at).
- ^ Thomas Marth: Basic Welfare Agreement and Support for Asylum Seekers. Federal Care Act "new". In: SIAK-Journal - Journal for Police Science and Police Practice. No. 1/2005, pp. 12-18.
- ↑ a b Analysis of the draft for amendments to the Asylum Act 2005, Aliens Police Act 2005, Basic Welfare Services Act - Bund 2005, Settlement and Residence Act and Citizenship Act 1985. ( Memento of the original from December 22, 2015 in the Internet Archive ) Info: The archive link was automatically inserted and still Not checked. Please check the original and archive link according to the instructions and then remove this notice. UNHCR, July 22, 2009, p. 35 ff (pdf, unhcr.at).
- ↑ Aliens Law Amendment Act 2009 (330 dB). Parliamentary materials, National Council - XXIV. GP government proposals (laws) 330 dB, parlament.gv.at.
- ^ Aliens Law Amendment Act 2015 (582 dB). Parliamentary materials, National Council - XXV. GP government drafts (laws) 582 dB, parlament.gv.at.
- ↑ 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.
- ↑ UNHCR analysis of the draft for the Aliens Law Amendment Act 2015. ( Memento of the original from March 4, 2016 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. UNHCR, March 23, 2015, p. 19 ff (pdf, unhcr.at).
