Aliens Police Act 2005
| Basic data | |
|---|---|
| Title: | Aliens Police Act 2005 |
| Long title: | Federal law on the exercise of the Aliens Police, the issuing of documents for strangers and the issuing of entry permits |
| Abbreviation: | FPG |
| Type: | Federal law |
| Scope: | Republic of Austria |
| Legal matter: | Aliens Law ( Aliens Law ) |
| Reference: | BGBl. I No. 100/2005 |
| Date of law: | August 16, 2005 |
| Effective date: | January 1, 2006 |
| Last change: | BGBl. I No. 27/2020 |
| Legal text: | FPG |
| Please note the note on the applicable legal version ! | |
The Federal Law on the Exercise of the Aliens Police, the Issuing of Documents for Strangers and the Issuance of Entry Permits (Aliens Police Act 2005 - FPG) is an Austrian federal law which regulates the exercise of the Aliens Police, the issue of entry permits, the rejection, the issuing of measures to terminate the stay, regulates the deportation , the tolerance, the enforcement of return decisions from EEA states and the issuing of documents for foreigners.
The original version of the FPG came into force on January 1, 2006.
History of origin
The FPG was announced in Article 3 of the Aliens Law Package 2005 , with which not only the right of settlement and residence, but also the right of asylum was redesigned. Together with the Settlement and Residence Act and the Asylum Act 2005 , it replaced the Aliens Act 1997 (Art. 5 Aliens Law Package 2005).
Structure and subject matter
The law, consisting of 122 paragraphs, is divided into 16 main parts.
Sections 1 and 2 (1st main part) regulate the scope and define the terms.
This is followed by the 2nd main section (§§ 3 to 12 a) with the official responsibilities in Germany and abroad and the possibility of transferring tasks of the aliens police in Germany to the community guards (§ 4). It also provides for possible legal remedies against decisions and findings (Sections 9 and 10) and lays down special procedural rules in visa matters dealt with by the Austrian representation authorities. It also provides special provisions for minors (Sections 12 and 12 a).
Sections 13 and 14, which form the third main part, contain the general principles for the execution of the tasks and powers of the aliens police as well as for rejection, e.g. B. compliance with the principle of proportionality and the obligation to observe higher-ranking law.
The 4th main part (§§ 15 to 32) is subdivided into five sections, which regulate the legality of entry, residence and exit of foreigners, including passport and visa requirements. This mainly includes the principle of passport and visa requirements for foreigners (Section 15), exemptions from the visa requirement for EEA citizens and Swiss citizens (Section 15 a) and for their family members (Section 15 b). Sections 17 and 18 regulate restrictions and exceptions to the passport requirement. Sections 20 to 27 contain regulations on the issuing of the so-called national visa (“D visa”), also for commercial purposes. Sections 28 to 30 contain exceptions to the visa requirement. Sections 31 and 32 regulate the conditions under which foreigners are lawfully resident in Austria and what obligations they have to provide evidence of their residence permit.
Chapter 5 regulates the powers of the bodies of the public security service for the Aliens Police. It is planned to request information from third parties about the alien (Section 33), to establish the identity of persons found with a dubious residence status (Section 34), and in cases of doubt to check the legality of the alien's entry and residence (Section 35), in certain cases Cases (especially if there is suspicion of being smuggled and prostitution by strangers) to enter property, operating locations, workplaces, rooms and vehicles (Section 36), to search people for the purpose of securing evidence (Section 37), to secure evidence found (Section 38) and to arrest or stop persons for the purpose of demonstration before the state police headquarters (Section 39). Section 40 regulates the rights of the arrested.
Chapter 6 (§§ 41 to 45 c) contains regulations on rejection at the border when attempting entry, on transit security, deportation and transit, and in Chapter 7 (§§ 46 to 51) on the deportation of persons obliged to leave the country Strangers and the acquiescence of your stay under certain conditions and on deportation bans, in which case deportation is not possible.
Chapter 8 (Sections 52 to 81) concerns the admissibility of measures to terminate residence against third-country nationals (Sections 52 to 61) and against EEA citizens, Swiss citizens and beneficiaries of third-country nationals (Sections 66 to 75). This contains provisions on expulsion, the residence ban, the obligation to leave the country, the postponement of enforcement as well as the requirements and implementation of detention pending deportation (Sections 76 to 81).
Chapter 9 (§§ 82 and 87) regulates the appeal procedure against arrest and detention in accordance with § 39.
The 10th main part (§§ 84 to 87) originally concerned special provisions for EEA citizens and Swiss citizens who are entitled to free movement as well as for beneficiary third country nationals and family members of EEA citizens who are not entitled to free movement, Swiss and Austrians and has since expired.
The 11th main part (§§ 88 to 97) contains regulations on documents issued to foreigners such as alien passports and convention passports, as well as identity cards for foreigners and return ID cards for citizens of a member state of the European Union.
Chapter 12 deals with the use of personal and identification data (Sections 98 to 108). Sections 109 and 110, which form the 13th main section, deal with the fight against residence marriage, residence partnership and residence adoption. The 14th main part (§§ 111 and 112) regulates the obligations of the transport company and possible sanctions in the event of violations.
The 15th main part (§§ 113 to 122) contains regulations on costs and penal provisions such as smuggling (§ 114 FPG), the 16th main part the final and transitional provisions .
Implementing regulation
The Aliens Police Act Implementation Ordinance (FPG-DV) was issued for the FPG .
See also
literature
- Helgo Eberwein, Eva Pfleger: Aliens law for studies and practice. Basic Right, Aliens Police Act, Settlement and Residence Act, Citizenship Act; including amendment to immigration law 2011. LexisNexis, Vienna 2011, ISBN 978-3-7007-5010-9 .
- Norbert Kutscher, Nora Poschalko, Christian Schmalzl: Settlement and Residence Act , Manz'Sche Publishing and University Bookstore, March 2006
- Rudolf Feik: Aliens Law , in: Susanne Bachmann, Gerhard Baumgartner, Rudolf Feik, Karim Giese, Dietmar Jahnel, Georg Lienbacher (eds.): Special Administrative Law (Springer's short textbooks on law), Springer Vienna; 8th updated edition, 2010
Web links
- Current text of the FPG , accessed on September 19, 2015.
Individual evidence
- ↑ Federal Law Gazette I No. 100/2005 , (PDF; 3.3 MB).
- ↑ Aliens Police Act Implementation Ordinance , consolidated version, accessed on September 19, 2015.
