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    • Federal Law Concerning the Entry, Residence and Settlement of Aliens (Aliens Act 1997) in te Republic of Austria (1997, as amended 2002) (English)

    Federal Law concerning the Entry, Residence

    and Settlement of Aliens

    (1997 Aliens Act)

    unofficial consolidated version

    –Issued on 14 July 1997

    Federal Law Gazette of the Republic of Austria, FLG I No. 75/1997, amended by FLG I No. 86/1998,

    FLG I No. 158/1998, FLG I No. 20/2000, FLG I No. 34/2000, FLG I No. 66/2000, FLG I No. 134/2000,

    FLG I No. 98/2001, FLG I No. 142/2001, FLG I No. 69/2002 and FLG I No. 126/2002.

    1997 Aliens Act

    (NR: GP XX RV 685 AB 755 S. 77. BR: 5456 AB 5464 S. 628.)

    The National Council has ruled as follows:

    Table of Contents

    Part 1: Definitions

    Article 1

    Part 2: Entry and exit of aliens

    Section 1: Passport requirement

    Article 2 Necessity of a valid travel document

    Article 3 Limitation of the passport requirement

    Article 4 Admittance declarations

    Section 2: Visa requirement

    Article 5 Fulfilment of the visa requirement

    Article 6 Entry authorizations (visas)

    Article 7 Residence authorizations

    Article 8 Granting of entry and residence authorizations

    Article 9 Residence permits for temporarily employed aliens

    Article 10 Refusal of entry and residence authorizations

    Article 11 Visa refusal

    Article 12 Refusal of residence authorizations

    Article 13 Purpose of residence and change of purpose of residence

    Article 14 Procedures for the granting of entry and residence authorizations

    Article 15 Procedures in the case of grounds for refusal of additional residence authorizations

    Article 16 Invalidity and non-relevance of entry and residence authorizations

    Section 3: Special provisions relating to the granting of settlement permits

    Article 17 General

    Article 18 Settlement regulations

    Article 19 Granting of initial settlement permits

    Article 20 Family reunification in the case of permanently settled aliens

    Article 21 Family reunification within the scope of the quota requirement

    Article 22 Observance of the quota requirement

    Article 23 Granting of additional settlement permits

    Article 24 Certificates of settlement (long-term resident's EC residence permits)

    Section 4: Special provisions relating to commuters

    Article 25

    Section 5: Exceptions to the visa requirement

    Article 26 Transit passengers

    Article 27 Persons entitled to privileges and immunities

    Article 28 Other exceptions to the visa requirement

    Article 29 Displaced persons

    Section 6: Exemption from the visa requirement, right of settlement and right of continued abode

    Article 30

    Part 3: Residence of aliens

    Section 1: Granting of right of residence

    Article 31 Lawful residence

    Article 32 Proof of right of residence

    Section 2: Termination of right of residence

    Article 33 Expulsion of aliens not possessing residence authorization

    Article 34 Expulsion of aliens possessing residence authorization

    Article 34a Enforcement of residence bans by EEA countries

    Article 35 Reinforced right of residence in the case of aliens possessing settlement permits

    Article 36 Residence bans

    Article 37 Protection of privacy and family life

    Article 38 Inadmissibility of residence bans

    Article 39 Duration of residence bans

    Article 40 Exit obligation and deferment of enforcement

    Article 41 Re-entry

    Article 42 Conditions applicable to enforcement deferment orders and to re-entry permits

    Article 43 Revocation of enforcement deferment orders and of re-entry permits

    Article 44 Lifting of residence bans

    Article 45 Special procedural provisions

    Part 4: Special provisions relating to entry and residence for EEA citizens and for relatives of EEA citizens and of Austrian nationals

    Section 1: EEA citizens

    Article 46 Visa exemption and right of residence of EEA citizens

    Article 47 Right of residence of favoured third-country nationals

    Article 48 Special provisions relating to withdrawal of right of residence and to non-procedural measures

    Article 48a Special provisions relating to relatives of Swiss nationals

    Section 2: Relatives of Austrian nationals

    Article 49

    Part 5: Settlement register and integration support

    Article 50 Settlement register

    Article 50a Integration agreements

    Article 50b Exemptions from the integration agreement

    Article 50c Proof of compliance with integration agreements

    Article 50d Courses offered

    Article 51 Integration support

    Article 51a Asylum and Migration Advisory Board

    Part 6: Measures relating to prevention of entry, termination of right of residence and inter-country transfer

    Section 1: Non-procedural measures

    Article 52 Rejection at the border

    Article 53 Measures to guarantee rejection at the border

    Article 54 Measures to guarantee transit

    Article 55 Forcible return

    Article 56 Deportation

    Article 57 Disallowance of deportation, forcible return or rejection at the border

    Article 58 Transfer

    Article 59 Transfer agreements

    Article 60 Exercise of powers of command and constraint

    Section 2: Deprivation of personal liberty

    Article 61 Detention pending deportation

    Article 62 Arrest warrants

    Article 63 Arrest

    Article 64 Involvement of the authority

    Article 65 Rights of persons arrested

    Article 66 More lenient measures

    Article 67 Execution of orders for detention pending deportation

    Article 68 Implementation of orders for detention pending deportation

    Article 69 Duration of detention pending deportation

    Article 70 Lifting of orders for detention pending deportation

    Section 3: Infringement of the right to peaceful enjoyment of domicile

    Article 71 Entry of premises

    Section 4: Special legal redress

    Article 72 Complaints to the independent administration review boards

    Article 73 Rulings by the independent administration review boards

    Article 74 Official appeals

    Article 75 Establishment of inadmissibility of cases of deportation to a specific county

    Part 7: Austrian documents for aliens

    Section 1: Alien's passports and Convention travel documents

    Article 76 Issue of alien's passports

    Article 77 Alien's passports for persons under full age

    Article 78 Inclusions on alien's passports

    Article 79 Period of validity of alien's passports

    Article 80 Scope of application of alien's passports

    Article 81 Refusal of alien's passports

    Article 82 Withdrawal of alien's passports

    Article 83 Convention travel documents

    Section 2: Other Austrian identification documents for aliens

    Article 84 Identity cards with photograph for persons entitled to privileges and immunities

    Article 85 Alien's identity cards with photograph

    Article 86 EEA citizen's identity cards with photograph

    Article 87 Return travel passes for citizens of States members of the European Union

    Article 87a Travel documents of purposes of return of third-country nationals

    Part 8: Procedural and punitive provisions

    Section 1: Competence and territorial jurisdiction

    Article 88 Competence

    Article 89 Competence in relation to settlement permits

    Article 90 Special competence

    Article 91 Territorial jurisdiction within Austria

    Article 92 Territorial jurisdiction outside Austria

    Article 93 Procedures conducted by Austrian diplomatic and consular authorities

    Article 94 Successive appeal

    Section 2: Special provisions relating to under-age persons

    Article 95

    Section 3: Use of personal data

    Article 96 Use of photographic and fingerprint data

    Article 97 Photographing and fingerprinting procedures

    Article 98 General provisions relating to the use of personal data

    Article 99 Central information gathering; acquisition, processing and transmission

    Article 100 Central information gathering; barring of access and deletion of data

    Article 101 Special communications

    Article 102 International data exchange

    Section 4: Costs

    Article 103

    Section 5: Penal provisions

    Article 104 Alien smuggling

    Article 105 Exploitation of an alien

    Article 106 Arranging of fictitious marriages

    Article 106a Arranging of adoptions of aliens enjoying full legal capacity

    Article 107 Unauthorized residence

    Article 107a Aiding and abetting unauthorized residence for reward

    Article 108 Other infractions

    Article 109 Subsidiarity

    Article 110 Special provisions relating to monitoring of compliance

    Part 9: Final provisions

    Article 110a Grammatical equivalence

    Article 111 Period of validity

    Article 112 Transitional provisions relating to procedures for the granting of residence permits and settlement permits

    Article 113 Transitional provisions relating to documents, visas, residence authorizations and settlement permits

    Article 114 Transitional provisions relating to orders for detention pending expulsion, residence bans and deportation orders

    Article 115 General provisions relating to proceedings at the highest level of jurisdiction

    Article 116 References

    Article 117 Execution

    Part 1

    Definitions

    Article 1.

    (1) Alien means a person not possessing Austrian nationality.

    (2) Entry means entering the federal territory; exit means leaving the federal territory.

    (3) Transit means passing through the federal territory, together with any interruptions essential for that purpose.

    (4) Travel document means a passport, a document serving in lieu of a passport, or any other document recognized for travel purposes by federal law or decree or under international agreements. Foreign travel documents shall benefit from the protection afforded under criminal law to Austrian

    public documents (articles 224 and 227 (1) of the Penal Code, Federal Law Gazette (FLG) No.60/1974).

    (5) A travel document shall be valid if it has been issued by a duly authorized subject of international law, if it unmistakably displays the identity of the bearer, if its term has not expired and ifits scope of application includes the Republic of Austria. Except in the case of Convention travel documents and travel documents issued for stateless persons or for persons of indeterminate nationality, the bearer’s nationality must also be unmistakably displayed. The insertion of additional pages in the travel document must be certified.

    (6) Schengen Implementation Convention means the Convention of 19 June 1990 applying 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 French Republic on the gradual abolition

    of controls at the common frontiers, FLG III No. 90/1997.

    (7) Accession Agreement means the Agreement of 28 April 1995 concerning Austria’s accession to the Schengen Implementation Convention, FLG III No. 90/1997.

    (8) Contracting State means a State in respect of which the Accession Agreement has become effective.

    (9) EEA citizens means aliens who are nationals of a State party to the European Economic Area Agreement (EEA Agreement).

    (10) Third countries means countries which are not States parties to the EEA Agreement; third-country nationals means aliens who are not EEA citizens.

    (11) Frontier workers means aliens who have their residence in a neighbouring country, to which they return daily and who, for the purpose of pursuing a gainful occupation, stay in Austria in a political district immediately bordering that State or in the free towns of Eisenstadt or Rust.

    (12) Border commuters means aliens who have a place of domicile in a neighbouring country whose nationality they possess and to which they return at least once per week and who, for the purpose of pursuing a gainful occupation, stay in Austria (article 1, paragraph (5), of the Aliens

    Employment Act; article 2, paragraph (8), of the Aliens Employment Act).

    Part 2

    Entry and exit of aliens

    Section 1

    Passport requirement

    Necessity of a valid travel document

    Article 2.

    (1) Unless otherwise provided for under federal laws or international agreements or sanctioned by international practice, aliens shall require a valid passport (passport requirement) for entry, residence and exit purposes.

    (2) If so required by the public interests, in particular passport or immigration control and foreign-policy considerations, the Federal Minster of the Interior shall, in agreement with the Federal Minister for Foreign Affairs, be empowered by ministerial order to designate specific types of passport issued

    by countries other than contracting States as constituting travel documents that may not serve to fulfil the passport requirement.

    (3) The entry and exit of aliens who have been included on the travel document of another person may take place only in the company of that person; this obligation shall not apply in respect of measures relating to termination of right of residence or to inter-country transfer in accordance with

    Part 6.

    (4) Aliens to whom a collective passport has been issued shall satisfy the passport requirement but their entry and exit may only take place jointly; when so travelling, each member of the group shall require an identification document issued by an authority and clearly showing his or her identity.

    (5) There shall be no passport requirement for aliens in the case of:

    1. The issue of an admittance declaration (article 4);

    2. The granting of a residence authorization by administrative decision (article 14, paragraph(5)); 3. The making of a transit declaration (article 58).

    (6) Aliens to whom right of residence is to be granted or an alien’s identity card with photograph (article 85) is to be issued in Austria shall, at the time of submission of the relevant application, surrender their travel document to the authority, upon request, for the duration of the procedure; an acknowledgement of receipt thereof shall be issued to them without delay.

    Limitation of the passport requirement

    Article 3.

    (1) In so far as the Federal Government is empowered under article 66 (2) of the Federal Constitution to conclude intergovernmental agreements, it may, subject to a reciprocal arrangement, agree that aliens who are subject to the passport requirement shall also be entitled to enter, reside in and leave the federal territory on the strength of travel documents other than those

    referred to in article 2.

    (2) In agreements pursuant to paragraph (1) above whose purpose is to facilitate travel in frontier areas of the Republic of Austria, it may be stipulated that aliens entering on the strength of any such travel document may stay only in areas of the Republic of Austria that are close to the frontier. In such cases, it may be additionally stipulated in the international agreement that the document to be used for entry, residence and exit purposes must be countersigned by an Austrian authority.

    (3) If it is in the public interests, the Federal Minister of the Interior shall, in agreement with the Federal Minister for Foreign Affairs, be empowered to stipulate by ministerial order that specific aliens who are subject to the passport requirement may enter, reside in and leave the federal territory on the strength of other documents.

    (4) Aliens to whom asylum is granted in Austria and who do not possess a valid travel document but can substantiate their identity may not be refused entry, notwithstanding their responsibility under articles 107 and 108.

    Admittance declarations

    Article 4.

    (1) An admittance declaration shall, at the request of a competent authority of another State, be issued in respect of an alien who is compulsorily to be transferred from the territory of that State to the federal territory and who is to be admitted by the Republic of Austria under an international agreement or in accordance with international practice.

    (2) The admittance declaration shall be expressly designated as such; it must show the identity and nationality of the alien.

    (3) Unless otherwise provided for under an international agreement, the validity of the admittance declaration shall be fixed for such period as is necessary for the transfer; a specific border crossing point or specific place in one contracting State shall be stipulated for the alien’s entry.

    (4) In so far as the Federal Government is empowered under article 66 (2) of the Federal Constitution to conclude intergovernmental agreements, it may agree, provided that a reciprocal arrangement is granted, that aliens who without permission enter the territory of another State from the federal territory or if they do not or no longer meet the entry or residence requirements shall be allowed to re-enter the federal territory (re-admittance agreement).

    Section 2

    Visa requirement

    Fulfilment of the visa requirement

    Article 5.

    (1) Unless otherwise provided for under federal laws or international agreements, aliens who are subject to the passport requirement shall be subject to the visa requirement for entry into and during residence in the federal territory.

    (2) Persons subject to the visa requirement shall require an entry authorization or a residence authorization.

    Entry authorizations (visas)

    Article 6.

    (1) Entry authorizations (visas) shall be issued in the form of:

    1. An air transit visa (visa for airport transit, visa A), or

    2. A transit visa (visa B), or

    3. A travel visa (visa for short stay, visa C), or

    4. A residence visa (visa for longer-term stay, visa D).

    (2) Every visa which is issued by a contracting State and whose scope of application includes Austria shall be valid as an entry authorization; however, a visa D not issued by Austria shall give entitlement to transit only.

    (3) Visas shall be issued for entry clearance with a view to a stay not exceeding six months. They shall not allow the pursuit of a gainful occupation except in connection with business travel.

    (4) Visas may be granted for single or multiple entry. In the interests of preserving law and order and public safety, the authority may stipulate in the visa the use of specific border crossing points.

    (5) Transit visas shall give entitlement to single or multiple transit through the contracting States and Austria within five days. Travel visas shall give entitlement to a stay of up to three months in the contracting States and Austria. If the alien’s travel document is not valid for all contracting States, the travel visa shall be restricted to the federal territory and to those contracting States for which the travel document is valid. Residence visas shall give entitlement to a stay in Austria exceeding three months.

    (6) Visas may be issued in the form of official visas or diplomatic visas. They may be granted to aliens only on the conditions on which Austrian official or diplomatic passports are issued to Austrian nationals for any such reason.

    (7) The external form of the visas shall be officially announced by order of the Federal Minister of the Interior.

    Residence authorizations

    Article 7.

    (1) Residence authorizations shall be issued in the form of:

    1. Residence permits,

    2. Settlement permits or

    3. Certificates of settlement (long-term resident’s EC residence permits, article 24)."

    (2) Residence authorizations shall give entitlement to residence for a specific purpose or to permanent residence, and also to entry connected with such cases of residence.

    (3) Permanently settled third-country nationals, i.e., persons who:

    1. Have a centre of their vital interests in Austria or

    2. Have established their residence in Austria for the purpose of pursuing a gainful occupation shall require a settlement permit, except in the cases specified in paragraph (4) below.

    (4) Third-country nationals shall require a residence permit if:

    1. Their residence is solely for the purpose of school education or of ordinary or special study (training) and attendance at university courses is not solely for the purpose of the imparting of the German language.

    2. They pursue a gainful occupation in a non-self-employed capacity and their contract of employment with their internationally operating employer designates them:

    (a) As managerial staff who are independently responsible for the relevant executive duties assigned to them, or

    (b) As qualified staff with managerial responsibilities who are required to undergo in-service basic or advanced training (junior executive staff), or

    (c) As agents of representative bodies representing interests abroad, and provides for a system of rotation in regard to their place of employment;

    3. They are the spouses or unmarried under-age children of aliens specified in subparagraph 1 or 2 above, unless they wish to pursue a gainful occupation;

    4. They pursue a gainful occupation in Austria without having established their residence.

    (5) The form of the residence authorizations shall be officially announced by order of the Federal Minister of the Interior. Such ministerial order shall contain a list of the purposes of residence in respect of the individual residence authorizations.

    Granting of entry and residence authorizations

    Article 8.

    (1) Entry and residence authorizations may be granted to aliens, upon application, provided that they possess a valid travel document and that no grounds for refusal are applicable (articles 10 to 12). Visas may be issued for a limited period only, but residence authorizations may additionally be issued for an unlimited period. Visas and limited residence authorizations may be issued only in so far as their period of validity does not exceed that of the travel document. The period 9 of validity of the travel document has to exceed that of a visa by at least three months. Collective visas may be granted solely to aliens to whom a collective passport has been issued.

    (2) For purposes of the issue of temporary residence authorizations, a distinction shall be made between the initial settlement permit and an additional settlement permit and also between the initial residence permit and an additional residence permit.

    (3) In exercising the discretionary power granted under paragraph (1) above for assessing the purpose and also the duration of the alien’s planned residence, the authority shall give due consideration to:

    1. His personal circumstances, in particular his family ties, his financial situation and the duration of his residence to date;

    2. The public interests, in particular security policing and economic aspects, the employment situation and development of the labour market, and public health concerns, and

    3. The particular circumstances in the country of his intended residence.

    (4) Spouses who do not lead a joint family life within the meaning of article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, FLG No. 210/1958, may not invoke their marital status as grounds for the granting or continuation of residence authorizations.

    (4a) Adopted aliens enjoying full legal capacity may invoke such adoption in connection with the granting or continuation of residence authorizations only if the granting or continuation of the residence authorization was not the sole or predominant reason for their adoption.

    (5) The granting of an initial residence authorization shall be subject to proof that the alien wishing to settle in Austria has a statutory right to accommodation, which is in conformity with local accommodation for national residents. Such proof shall also be necessary for the granting of an additional residence authorization; it shall be deemed to be furnished in respect of children born in Austria if the accommodation occupied prior to their birth is still available to the family.

    (6) With a view to the avoidance of a threat to public health, the granting of an initial residence authorization shall be subject to the presentation of a health certificate which, at the time of submission of the application, is not more than 90 days old unless otherwise provided for by federal law or under international agreements or unless the duration of residence applied for does not exceed

    six months.

    (7) The Federal Minister for Social Security and Generations shall, in agreement with the Federal Minister of the Interior, be empowered to stipulate by ministerial order the contents of the health certificate. The health certificate shall specify the type and scope of sickness to be declared (serious illness), as defined in article 1 of the Epidemics Act, FLG No. 186/1950, and of reportable tuberculosis, as defined in article 3 (a) of the Tuberculosis Act, FLG No. 127/1968, that may cause a persistent and serious threat to the health of a fairly large number of people.

    Residence permits for temporarily employed aliens

    Article 9.

    (1) In cases where an employment authorization is issued pursuant to article 5 of the Aliens Employment Act to aliens who:

    1. Possess a residence authorization, they shall thereby be allowed to change the purpose of residence temporarily;

    2. Do not possess a residence authorization, they shall thereby become entitled to a residence permit, with a corresponding period of validity, if the requirements for the granting thereof (paragraph (1) of article 8) are satisfied.

    (2) Employment authorizations of temporarily employed aliens, as referred to in article 5, paragraph (3) 2, of the Aliens Employment Act, that are displayed in the alien’s travel document shall be valid as residence permits having the same period of validity."

    Refusal of entry and residence authorizations

    Article 10.

    (1) The granting of an entry or residence authorization shall be refused if:

    1. A final and legally binding residence ban has been imposed on the alien;

    2. The residence authorization is to be for a period immediately succeeding residence made possible by a travel visa or transit visa and is to be granted after entry;

    3. The residence authorization is to be granted after visa-exempt entry (article 28 or article 29),

    except for temporarily employed aliens (article 5 of the Aliens Employment Act) or for favoured third-country nationals (article 47) or for relatives of Austrian nationals (article 49);

    4. The alien has been unlawfully resident in the federal territory following his entry (article 31);

    5. The alien without reasonable cause fails to comply with a summons requiring him to be photographed and fingerprinted (article 96, paragraph (1) 5) and giving notice of the consequence of such non-compliance, or fails to cooperate in the photographing and fingerprinting operations.

    (2) The granting of an entry authorization or a residence authorization may be refused in cases where the public interests are endangered (article 8, paragraph (3) 2), in particular if:

    1. The alien does not hold comprehensive sickness insurance cover or discloses a serious illness in the health certificate referred to in article 8, paragraphs (6) and (7), or does not possess sufficient means to support himself or, in cases where an entry authorization or a limited residence authorization is granted, sufficient means for his subsequent exit;

    2. The alien’s residence could lead to a financial burden on a territorial entity, unless that burden arises out of the satisfaction of a statutory claim;

    3. The alien’s residence would constitute a threat to law and order or public safety;

    4. The alien’s residence would harm the relations between the Republic of Austria and another State;

    5. There is reason to assume that the alien would not, without being requested, leave the Federal Republic upon expiry of the period of validity of the authorization.

    (3) Notwithstanding the existence of grounds for refusal under subparagraph 1 or 2 of paragraph

    (2) above, the authority may grant a visa or a residence permit to an alien if, by virtue of an undertaking entered into in the public interests by a legal entity within the meaning of article 1 (1) of the Public Office Liability Act(Amtshaftungsgesetz), FLG No. 20/1949, or by virtue of a formal undertaking given by a person having his principal residence or domicile in the federal territory, the payment of all costs that might arise for public legal entities as a result of the alien’s residence appears guaranteed. The granting of a settlement permit on the strength of a formal undertaking shall be inadmissible.

    (4) Notwithstanding the existence of grounds for refusal under subparagraphs 2, 3 or 4 of paragraph (1) above or under subparagraphs 1, 2 or 5 of paragraph (2) above, the authority may on humanitarian grounds, in cases particularly deserving of consideration, grant aliens a residence permitex officio. Cases particularly deserving of consideration shall exist in particular if the aliens are exposed to a danger as specified in paragraph (1) or (2) of article 57. Aliens who have left their native country as victims of an armed conflict may be granted such residence permit solely for the probable duration of that conflict, and for a maximum period of three months. In cases involving punishable acts as defined in article 217 of the Penal Code, such residence permit may be granted, for the necessary period, to witnesses, with a view to guaranteeing the outcome of the criminal prosecution, and to victims of the traffic in persons, with a view to enforcing civil rights claims against the perpetrators.

    Visa refusal

    Article 11.

    (1) The granting of a visa shall be refused:

    1. If a contracting State has communicated any grounds for rejection at the border, or

    2. If refusal is necessary because a travel document which is not recognized by all the contracting States is submitted for the purpose of obtaining an air transit visa, a travel visa or a transit visa, or 11

    3. If a travel visa in conjunction with an already expired travel visa would make possible, in the contracting States, a residence exceeding three months within the six-month period following initial entry.

    (2) Notwithstanding the existence of grounds for refusal under subparagraph 1 of paragraph (1) above, the authority may on humanitarian grounds, or by reason of national interests or international obligations, in cases particularly deserving of consideration, grant aliens a travel visa, whose geographical scope shall be limited to the federal territory.

    (3) Notwithstanding the existence of grounds for refusal under subparagraph 3 of paragraph (1) above, the authority may on humanitarian grounds, in cases particularly deserving of consideration, grant aliens an additional travel visa, whose geographical scope shall be limited to the federal territory, within the six-month period concerned.

    Refusal of residence authorizations

    Article 12.

    (1) The granting of a residence authorization shall, except in the cases referred to in paragraph (4) of article 10, be refused if proof of a statutory right to accommodation which is in conformity with local accommodation for national residents cannot be furnished by aliens who are required to do so pursuant to paragraph (5) of article 8.

    (1a) The granting of the initial settlement permit or additional settlement permit shall be refused if the alien does not declare his willingness to enter into an integration agreement (article 50a).

    (2) The granting of a residence permit allowing the pursuit of a gainful occupation which is subject to the Aliens Employment Act shall be denied unless such permit is for persons employed under a rotation system (article 7, paragraph (4) 2) or is a permit for third-country nationals who are gainfully employed as frontier workers (article 1, paragraph (11)), as border commuters (article 1, paragraph (12)), as temporarily employed aliens (article 5 of the Aliens Employment Act), on business assignments (article 18, paragraphs (1) and (12), of the Aliens Employment Act), as trainees or interns (article 3, paragraph (5) or (9), of the Aliens Employment Act) or as performing artists on

    short-term engagements (article 90, paragraph (4)) and have not established their residence in the federal territory.

    (2a) The granting of a residence permit in respect of residence solely for the purpose of study or school education shall not be refused if an employment authorization or a certification of notification of employment as a trainee has been issued in respect of the person concerned for the pursuit of a gainful occupation which is subject to the Aliens Employment Act, unless the gainful employment is predominantly for the purpose of supporting the person concerned. The same shall apply with regard to an occupation pursued by the person concerned in a self-employed capacity on a service contract basis.

    (2b) The granting of an additional residence permit in respect of residence solely for the purpose of study may be refused if the person concerned does not possess evidence of educational achievement as referred to in article 75, paragraph (6), of the 2002 University Act (UG), FLG I No. 120/2002. In that connection, the authority shall in all cases take due account of any reasons that are outside the sphere of influence of the person concerned or are unavoidable or unforeseeable.

    (3) An additional residence authorization for the same purpose of residence may not be denied to aliens by reason of facts which do not allow the imposition of a deportation order or a residence ban if the other requirements for the granting thereof are unchanged. If the alien applies for an additional residence authorization for a different purpose of residence, the denial of such residence authorization shall be admissible.

    Purpose of residence and change of purpose of residence

    Article 13.

    (1) Residence authorizations shall be granted for a specific purpose of residence; prior to the granting thereof, the person concerned shall furnish proof of the necessary entitlement in accordance with the relevant laws.

    (2) A settlement permit shall be valid for any purpose of residence unless a particular purpose is stated thereon.

    (3) Aliens may, during the period of validity of their residence authorization, change the purpose of residence without further formality if the residence authorization, which had been issued, to them could have been issued in respect of the current purpose of residence. Any such change shall be notified to the authority without undue delay; the admissibility of the change in accordance with the relevant laws shall be demonstrated at the time of such notification.

    Procedures for the granting of entry and residence authorizations

    Article 14.

    (1) Aliens under full age who are at least 14 years old may apply personally for the issue of an entry or residence authorization. The granting thereof shall be subject to the consent of the legal representative; proof of such consent is to be furnished by the applicants.

    (2) Applications for the granting of a residence authorization shall be submitted from outside Austria prior to entry. An application may be submitted within Austria if the applicant has already settled there and either has to date not required any residence authorization for the lawfulness of his residence or already possesses a residence authorization; the foregoing shall not apply after expiry of the validity of the most recently issued residence authorization if the additional residence authorization is to allow the pursuit of a gainful occupation for which the most recently issued residence authorization could not have been granted (article 13, paragraph (3)). An application for the

    granting of a residence permit in the case of temporarily employed aliens (article 5 of the Aliens Employment Act) may be submitted subsequent to entry if the alien is personally entitled to visa-exempt entry. If the requirements set out in article 10, paragraph (4), are satisfied, an application for the granting of an initial settlement permit may be submitted within Austria.

    (2a) If the applicant possesses a residence authorization as referred to in article 7, paragraph (4) 1, an application for the granting of an additional residence authorization within Austria shall be admissible only if evidence of school education or studies is furnished or the applicant satisfies the requirements in respect of key workers (article 2, paragraph (5), of the Aliens Employment Act and article 24 of the Aliens Employment Act) following the successful completion of his school education or studies or by reason of his special abilities.

    (2b) If the applicant possesses a residence permit that has been granted on the strength of a statutory occupational authorization as referred to in article 5 of the Aliens Employment Act, an application for the granting of an additional residence permit within Austria shall be admissible only if the residence permit immediately follows the initial employment authorization or the application is submitted up to four weeks after expiry of the period of validity of the employment authorization. The maximum period of validity of the residence permit issued may not exceed six months.

    (2c) If the applicant possesses a residence permit as referred to in article 90, paragraph (4), an application for the granting of an additional residence permit within Austria shall be admissible solely for the same purpose and only if the other requirements under aliens and aliens employment law are satisfied. The maximum period of validity of the residence permit issued may not exceed six months.

    (3) The purpose of the travel or residence shall be specified in the application; such purpose may not be changed by the applicant during the conduct of the procedure. The alien shall present to the authority the documents and evidence required to establish the facts. He shall appear in person before the authority if so requested by it. The application shall be rejected if the applicant does not present a valid travel document or health certificate or if, notwithstanding a request to do so, the applicant fails to appear in person before the authority although his attention has been drawn in the 13

    summons to the legal consequences of such non-appearance or fails to submit the health certificate subsequently, notwithstanding a request to do so (article 13, paragraph (3), of the General Administrative Procedures Act (AVG)). (3a) The authority shall notify third-country nationals who enter into an integration agreement (article 50a) prior to the granting of an initial settlement permit, or upon the submission of an application for the granting of an additional settlement permit, that they have to comply with the obligation thus entered into. The number of integration agreements entered into shall be reported by the authority to the Federal Minister of the Interior, on a half-yearly basis, as at the record dates of 30 June and 31 December, within one month following the record date concerned.

    (3b) If a third-country national fails to comply with this obligation within the first year following the issue of the corresponding settlement permit, he shall be allowed a further time limit of six months upon the issue of the additional settlement permit; he shall receive a written admonition and be informed of the consequences (article 24, article 34, paragraphs (2a) and (2b), article 50b, article 108) of non-compliance. The foregoing shall be documented in a comprehensible manner.

    (4) The entry or residence authorization shall be displayed in the alien’s travel document.

    (4a) A settlement permit for a key worker shall contain the statutory occupational authorization.

    (5) A residence authorization may also be granted by administrative decision within Austria if the alien is not in a position to procure a travel document from his country of origin. In such cases, an alien’s identity card with photograph (article 85) shall be issued to the alienex officio. An entry authorization may be granted by administrative decision if the alien’s travel document does not fulfil the passport requirement.

    (6) If it emerges that the applicant requires a settlement permit, an application for the granting of a residence permit shall not be allowed; the foregoing shall, however, be without prejudice to the possibilities provided for in paragraph (4) of article 10. The submission shall be treated as an application for the granting of a settlement permit and shall, if appropriate, be forwarded without delay to the competent authority; the applicant shall be notified thereof.

    (7) Official acts in connection with the granting of visas shall be exempt from administrative charges provided that:

    1. An obligation to that effect exists under international law, or

    2. The granting of official or diplomatic visas is involved and a reciprocal arrangement exists.

    Procedures in the case of grounds for refusal of additional residence authorizations

    Article 15.

    (1) If grounds for refusal become known in the course of a procedure for the granting of an additional residence authorization, the authority shall – if necessary, after obtaining the opinion of the aliens police – notify the applicant of the reason for the refusal, inform him that his right of

    residence (articles 33et seq.) is about to be terminated, and demonstrate to him why, with due regard for the protection of his privacy or family life (article 37), such measure appears admissible. Moreover, the authority shall inform the applicant that he has the right to express his views within a time-limit, not

    exceeding 14 days, to be fixed at that time.

    (2) Upon the expiry of this time-limit, the procedure for terminating the right of residence shall be ordered if the facts of the case have not changed; the computation of the time-limit referred to in article 73 of the 1991 General Administrative Procedures Act (AVG), FLG No. 1991/51, shall be thereby suspended until such procedure is completed. As soon as it emerges that any termination of the right of residence is inadmissible, the authority shall grant the additional residence authorization.

    (3) If, however, a termination of the right of residence becomes final and binding, the procedure relating to the application for the granting of an additional residence authorization shall be discontinued without formality. Any such procedure shall be resumed as soon as it becomes 14 established, following the lifting of a expulsion order or residence ban by the Constitutional Court or Higher Administrative Court, that the imposition of such order or ban will no longer be carried out.

    Invalidity and non-relevance of entry and residence authorizations

    Article 16.

    (1) An entry authorization shall be declared invalid if any facts that would justify a refusal (articles 10 and 11) subsequently become known or occur.

    (1a) Should a visa be declared invalid at a border crossing point, the authority shall, after establishing the determining facts, afford the person concerned an opportunity to provide an explanation. In such cases, the resolution of the matter may be limited to clearly displaying the invalidity in the travel document. However, the determining facts shall be recorded in a comprehensible manner.

    (1b) An unlimited residence authorization shall, upon application by the alien or ex officio, be declared invalid if facts justify the assumption that the alien has renounced his desire to settle and has terminated his settlement in Austria. The authority shall notify the alien of the intention to issue an invalidity declaration and shall grant him a time limit of not less than fourteen days to provide an explanation. The residence authorization shall be declared invalid upon the expiry of that time limit if the facts remain unchanged. The authority empowered to verify compliance with the provisions of the

    Aliens Employment Act shall be notified of the invalidity declaration in an appropriate manner.

    (2) Entry authorizations and residence authorizations shall be rendered invalid if a residence ban or expulsion order becomes enforceable against aliens. A residence authorization shall be reinstated as of right if during its original period of validity the residence ban or expulsion order is lifted other

    than as provided for in article 44.

    (3) An entry authorization or residence authorization shall be no longer relevant:

    1. If an additional entry or residence authorization with an overlapping period of validity is issued to the aliens, or

    2. If the aliens become Austrian nationals or EEA citizens.

    (4) The invalidity of entry or residence authorizations indicated in aliens' travel documents shall be clearly displayed in such travel documents. Any authority (articles 88 and 89) coming into possession of a travel document in the conduct of an official act pursuant to the present federal law

    shall be empowered to make such entries.

    Section 3

    Special provisions relating to the granting of settlement permits

    General

    Article 17.

    The granting of settlement permits shall be determined by the provisions of the present Section and by the requirements set out in Section 2 concerning the granting of residence authorizations.

    Settlement regulations

    Article 18.

    (1) The Federal Government shall, in agreement with the Executive Committee of the National Council, stipulate by ministerial order (settlement regulations), for periods of one year in each case, the maximum number of settlement permits which may be granted to:

    1. Key workers (article 2, paragraph (5), and article 12, paragraph (8), of the Aliens Employment Act) and their spouses and unmarried under-age children, and

    2.[Deleted]

    3. Relatives of third-country nationals who settled in Austria prior to 1 January 1998. In so doing, the Federal Government shall ensure the development of a well-regulated labour market and shall, in the ministerial order, allocate the permits among the provinces in a manner consistent with their facilities and requirements.

    (1a) The number of aliens who, within the quota specified in paragraph (1) 1 above, are entitled to engage in an occupation in a self-employed capacity as key workers shall be stipulated in the ministerial order referred to in paragraph (1) above.

    (2) Prior to the issue of the ministerial order pursuant to paragraph (1) above, consultations shall be held with the Chamber of Commerce and Trade of Austria, the Federal Chamber of Labour, the Presidents' Conference of Chambers of Agriculture of Austria, the Austrian Federation of Local

    Authorities, the Austrian Federation of Municipal Authorities, the Austrian Trade Union Federation, the Austrian Association of Industrialists and the Austrian Institute for Economic Research. The provincial authorities(Länder) shall be given an opportunity to submit specific proposals with regard to the

    number of settlement permits required in the federal province concerned (subparagraphs 1 to 3 of paragraph (1) above); when making their proposals, the provincial authorities(Länder) shall take into account existing facilities in the areas of schooling and health care, as well as developments in the

    housing market (after consulting the relevant local authorities), and the employment situation and development of the labour market (after consulting bodies representing employers' and employees' interests at the provincial level).

    (3) In the settlement regulations, the Federal Government shall stipulate:

    1. The maximum number of employment authorizations for temporarily employed aliens (article 5 of the Aliens Employment Act) which the Federal Minister for Economic Affairs and Labour may, by ministerial order, link to entitlement to a residence permit or to a temporary change of the purpose of residence;

    2. The maximum number of employment authorizations for harvest labourers (article 5, of the Aliens Employment Act) which the Federal Minister for Economic Affairs and Labour may, by ministerial order, link to entitlement to a residence permit.

    (4) In the settlement regulations, the Federal Government shall additionally stipulate the maximum number of settlement permits for issue to third-country nationals who may be allowed to settle permanently in Austria without intending to work. The Federal Government shall also distribute

    such permits among the provinces in a manner consistent with their facilities and requirements.

    (5)(Constitutional provision)In issuing the ministerial order (paragraphs (1), (3) and (4) above), the Federal Government shall give due consideration to the absorption capacity of the domestic labour market and to the proposals of the provincial authorities(Länder); the numbers stated in any such proposal may be exceeded solely with the consent of the provincial authority

    concerned.

    (6) If the labour supply on the domestic labour market is expected to clearly exceed demand during the period of validity of the ministerial order, only labour not available within Austria whose employment as key workers (article 2, paragraph (5), and article 12, paragraph (8), of the Aliens

    Employment Act) is in the general interests of the economy, by reason of the related transfer of investment capital or by reason of their special training and particular skills, and their reunification with family members shall be taken into account, at the time of issue of the ministerial order, in the case of persons pursuing a gainful occupation (subparagraph 1 of paragraph (1) and paragraph (1a) above ). With regard to subparagraph 3 of paragraph (1) above, the Federal Government, at the time of issue of the ministerial order, shall, taking into account the employment situation and the development of the labour market, assess, with priority being given to the integration of resident aliens willing to work, the extent to which additional aliens willing to work could be admitted into the labour market in a non-self-employed capacity. In such assessment, the Federal Government may designate categories of resident third-country nationals whose reunification with family members is to be made possible on a preferential basis by reason of the advanced stage of their integration. The Federal Government may further designate categories of relatives whose reunification with family

    members is to be made possible on a preferential basis owing to specific circumstances facilitating their integration, such as the approaching enrolment age for compulsory education.

    (7) The settlement regulations shall, in each case, be issued in good time so that they may enter into force at the commencement of the ensuing year. If these regulations are not issued in good time, the regulations valid in the previous year shall be applicable, with the proviso that a maximum of one

    twelfth of the number of settlement permits may be issued in each month.

    (8) If so necessitated by a significant change in circumstances, the Federal Government shall amend these regulations during their period of validity, subject to observance of paragraphs (1) and

    (5) above.

    (9) The number of quota places for the year concerned as stipulated in the settlement regulations shall not be affected by agreements pursuant to article 1, paragraph (5), of the Aliens Employment

    Act.

    Granting of initial settlement permits

    Article 19.

    (1) Aliens wishing to settle permanently may, upon application, be granted an initial settlement permit if the requirements set out in Section 2 concerning the granting of residence authorizations appear for the time being guaranteed. Except in the cases referred to in paragraph (2) below, any such initial settlement permit may be granted only within the scope of the settlement regulations (quota requirement).

    (2) No quota requirement shall apply in respect of the granting of initial settlement permits to third-country nationals who:

    1. Are employees of the foreign media, provided that they support themselves from the income which they earn as employees of such media and do not pursue any other gainful occupation in Austria;

    2. Are performing artistes whose employment is determined predominantly by assignments in artistic productions, provided that they support themselves from the income which they earn through their artistic work;

    3. Pursue a gainful occupation in a non-self-employed capacity but are excluded from the material scope of application of the Aliens Employment Act (article 1, paragraphs (2) and

    (4), of the Aliens Employment Act);

    4. Are subject to the visa requirement in Austria but have right of settlement by virtue of an international treaty or an act of the European Union;

    4a.Satisfy the requirements referred to in article 14, paragraph (2a), in respect of key workers;

    5. Are the spouses or unmarried under-age children of aliens referred to in subparagraphs 1 to 4 above, provided that they do not wish to work.

    6. Satisfy the requirements set out in article 10, paragraph (4), and are either family members (paragraph (1) of article 20) of an alien who is lawfully settled on a permanent basis or satisfy the requirements set out in paragraph (3) below.

    (3) If an alien intends to pursue a gainful occupation in Austria in a non-self-employed capacity, he may be granted an initial settlement permit only if a employment attestation(Sicherungsbescheinigung; i.e. attestation issued to the employers indicating the categories and number of aliens he/she will be allowed to employ; annotation of the translator) or an employment

    authorization has been issued to him or if he possesses a work permit or a certificate of exemption; in the case of third-country nationals as referred to in paragraph (2) above, the foregoing shall be valid only in so far as the Aliens Employment Act is applicable to them.

    (4) The obligation to appear in person before the authority upon request (article 14, paragraph (3)) shall in such cases apply only in regard to diplomatic and consular authorities abroad.

    (5) Settlement permits granted pursuant to paragraph (2) above shall be linked to the purpose of the residence. Third-country nationals who settle permanently in Austria with no intention of working shall be granted a private person’s settlement permit; such permit shall be valid for any purpose of

    residence other than gainful employment.

    (6) The initial settlement permit shall have a maximum period of validity of one year.

    Family reunification in the case of permanently settled aliens

    Article 20.

    (1) Spouses and unmarried under-age children (nuclear family) of aliens who are lawfully settled on a permanent basis in Austria shall, upon application by them, be granted an initial settlement permit provided that they possess a valid travel document and no grounds for refusal are applicable (articles 10 to 12). The right of continued settlement shall be maintained by spouses if the

    requirements for family reunification cease to be met after more than four years following the granting of the initial settlement permit.

    (2) Austrian law shall be the law governing the cessation of under-age status under paragraph (1) above, irrespective of the nationality of the child (article 21 of the Civil Code). The right of continued settlement shall be maintained by reunited children upon attaining full age if they satisfy the requirements set out in article 19, paragraph (3), or if they are supported.

    Family reunification within the scope of the quota requirement

    Article 21.

    (1) When submitting an application for the granting of an initial settlement permit, aliens who are subject to the quota requirement shall state whether they are claiming the right to family reunification in respect of their spouse and unmarried under-age children. If so, they shall be obliged to provide details of the identity of such family members. They shall also furnish proof of a

    statutory right to accommodation, both for themselves and for those family members, which is in conformity with local accommodation for national residents.

    (1a) Spouses and unmarried under-age children of key workers as referred to in article (2), paragraph (5), of the Aliens Employment Act and in article 24 of the Aliens Employment Act and of private individuals (paragraph (4) of article 18) who immigrate after 1 January 2003 shall have the right to family reunification even if the key worker or private individual has not claimed the right to family reunification. Such family members shall, if the other requirements are satisfied, be granted, upon application, an initial settlement permit. The granting of initial settlement permits to spouses and unmarried under-age children of key workers shall reduce by the corresponding quantity the number of settlement permits stipulated in the settlement regulations for the cases provided for in subparagraph 1 of paragraph (1) or in paragraph (1a) of article 18; the granting of initial settlement permits to spouses and unmarried under-age children of private individuals shall reduce by the

    corresponding quantity the number of settlement permits stipulated in the settlement regulations for the cases provided for in paragraph (4) of article 18.

    (2) Where aliens have presented a claim pursuant to paragraph (1) above and have been granted an initial settlement permit, their spouses and unmarried under-age children shall be issued with an initial settlement permit provided that those family members apply for such permit at the latest within the following calendar year.

    (3) Family reunification in the case of third-country nationals who settled permanently prior to 1 January 1998 shall be limited to spouses and children provided that the latter submit the application for the granting of a settlement permit before they are 15 years old. The same shall apply in respect of family reunification which did not take place pursuant to paragraph (2) above.

    (4) The rejoining family members shall be granted a settlement permit for any purpose of residence other than gainful employment; an unlimited settlement permit shall be issued to such family members, upon application, after a qualifying period of four years has elapsed following the granting of the initial settlement permit. Rejoining unmarried under-age children shall be granted a settlement permit for any purpose of residence as soon as they satisfy the requirements set out in paragraph (3) of article 19.

    (5) The maximum period of validity of initial settlement permits issued in connection with family reunification shall be five years; in no circumstances, however, may such period be longer than that of the settlement permit issued to the alien whom the family member has rejoined.

    Observance of the quota requirement

    Article 22.

    (1) An initial settlement permit which is subject to the quota requirement may be granted only if, in accordance with the settlement regulations, the required permits for the alien together with the rejoining family members, as referred to in paragraph (1) of article 21, are still available in the province of intended settlement. In cases where an initial settlement permit is granted,

    that number shall be reduced accordingly. If the number is already exhausted, the decisions on applications which are pending at that time or received subsequently and which would be granted if permits were still available shall, except in the cases referred to in paragraph (2) below, be deferred

    until such time as they can be allowed for in subsequent settlement regulations; an already settled alien shall be informed thereof in the case of applications for family reunification. Article 73 of the General Administrative Procedures Act and article 27 of the 1985 Administrative Court Act (VwGG),

    FLG No. 10, shall be applicable only insofar as the admissible deferment period is exceeded.

    (2) Applications for the granting of a settlement permit for key workers and their spouses and unmarried under-age children (subparagraph 1 of paragraph (1) and paragraph (1a) of article 18) shall be rejected without any further procedure if the number of permits stipulated in the settlement

    regulations for the year concerned or in an agreement pursuant to article 1, paragraph (5), of the Aliens Employment Act is already exhausted.

    Granting of additional settlement permits

    Article 23.

    (1) Aliens who remain permanently settled following expiry of the period of validity of their settlement permit shall, provided that the requirements set out in Section 2 continue to appear guaranteed, be granted, upon application, an additional settlement permit for the same purpose. If the aliens were to date in possession of a settlement permit for any purpose of residence and declare that they are no longer available for work (article 7 of the 1997 Unemployment Insurance Act (AlVG), FLG No. 609), they shall be granted, upon application, an additional settlement permit for any purpose of residence other than gainful employment in a non-self-employed capacity. The period of validity of the

    additional settlement permit shall commence on the date of issue.

    (2) If, after the expiry or during the period of validity of the residence authorization last issued to them, aliens intend to pursue in Austria, in a non-self-employed capacity, a gainful occupation which is subject to the quota requirement, or if they again intend to pursue such an occupation following a

    restriction pursuant to paragraph (1) above, they shall, upon application, be granted an additional settlement permit if a security attestation or an employment authorization has been issued to them or if they possess a work permit or a certificate of exemption; the granting of such additional settlement

    permit shall, however, reduce by one the number of permits stipulated in the settlement regulations for the cases provided for in subparagraph 1 of paragraph (1) or in paragraph (1a) of article 18. The right of family reunification pursuant to article 21 shall be available to such aliens. Article 22 shall apply with the proviso that the application shall be dismissed in the event of exhaustion of the permits available. With regard to other purposes of residence which are subject to the quota requirement, the provisions of the present paragraph which do not relate to the Aliens Employment Act shall apply with the proviso that the granting of the additional settlement permit shall reduce the number of permits specified in the settlement regulations, for the cases provided for in subparagraph 1 or 3 of paragraph (1), paragraph (1a) or paragraph (4) of article 18.

    (3) Rejoining family members to whom a settlement permit has been granted pursuant to paragraph (4) of article 21 for any purpose of residence other than gainful employment shall, upon application, be granted an additional settlement permit prior to expiry of the qualifying period if an employment authorization has been issued to them or if they possess a work permit or a certificate of exemption.

    (4) Unless the requirements for the granting of a certificate of settlement are satisfied, the additional settlement permits shall be issued for a maximum period of validity of two years. The foregoing shall not apply in the case of aliens who immigrate after 1 January 2003 and are required to comply with an integration agreement. Such aliens shall be issued with an additional settlement permit for a maximum period of validity of one year until such time as they furnish proof of compliance with the integration agreement.

    (5) An additional settlement permit shall also be granted, upon application, to aliens who remain settled on a permanent basis but have hitherto not required a settlement permit for establishment purposes either because they were entitled to permanent right of residence under the 1997 Asylum Act, FLG I No. 76/1997, or because they had right of settlement; paragraphs (2) and (4) above shall apply.

    (6) An additional settlement permit shall further be granted, upon application, to aliens who remain settled on a permanent basis but who were hitherto Austrian citizens or who as children did not require a residence authorization for the reason set forth in paragraph (2) of article 28; paragraph

    (4) above shall apply. If, however, a parent possesses a settlement permit with a longer period of validity, the child shall be issued with a settlement permit having the same period of validity.

    (6a) An additional settlement permit for any purpose of residence shall be granted, upon application, to aliens already possessing a residence authorization who remain settled on a permanent basis, were hitherto the spouse or child of an Austrian national or of an EEA citizen (favoured third-country nationals) and have lost such favoured status by reason of death, divorce, attainment of 21 years of age or the taking up of gainful employment. Paragraph (4) above shall apply.

    (7) By virtue of a notification from the asylum authority pursuant to paragraph (4) of article 14 of the 1997 Asylum Act, the authority shall, notwithstanding paragraph (5) of article 28, grant ex officio to the alien, by reason of the occurrence of any of the grounds set forth in the cessation clauses (article

    1, section C, of the Geneva Convention relating to the Status of Refugees), a certificate of settlement. The authority shall issue an administrative decision in respect thereof, which it shall substantiate with respect to the occurrence of the ground as set forth in the cessation clauses, and in which it shall

    include a reference to paragraph (5) of article 14 of the Asylum Act.

    Certificates of settlement (long-term resident’s EC residence permits)

    Article 24.

    (1) A certificate of settlement shall, upon application, be granted to an alien

    possessing a settlement permit if the requirements for the granting thereof (paragraph (1) of article 8) are satisfied, no facts render it likely that any grounds for refusal will become applicable in the future, the alien has either complied with his integration agreement (article 50c) or was not required to

    comply with an integration agreement (article 50b), and the alien:

    1. Has been permanently settled in the federal territory for five years and earns a regular income from the pursuit of a permitted gainful occupation;

    2. Is the spouse or under-age child of an alien coming under subparagraph 1 above, lives under the same roof and has had his or her principal residence in the federal territory for five years;

    3. Has been settled in Austria for five years and has been or is required to attend school in Austria;

    4. Is a favoured third-country national who is a relative of an EEA citizen (article 47) or of an Austrian national (article 49) and has had his or her principal residence in Austria for two years.

    (2) Should the requirements for the granting of a certificate of settlement not be satisfied, an additional settlement permit (paragraph (4) of article 23) shall be granted if the other requirements for the granting of such permit are satisfied.

    (3) The period of validity of the certificate of settlement shall be determined in accordance with article 11 of the Passport Act (FLG No. 839/1992).

    Section 4

    Special provisions relating to commuters

    Article 25.

    (1) The provisions of Section 3 but excluding those concerning family reunification, shall apply to the granting of residence permits to commuters (article 1, paragraph (12)). No proof shall be required of a statutory right to accommodation, which is in conformity with local accommodation for national residents.

    (2) Aliens who, as commuters, have been granted a residence permit and who now wish to settle permanently shall, upon application, be granted an initial settlement permit provided that they furnish proof of a statutory right to accommodation, which is in conformity with local accommodation for national residents. Articles 20 to 22 shall apply with regard to their reunification with family members.

    (3) Applications as referred to in paragraph (2) above may be submitted within Austria.

    Section 5

    Exceptions to the visa requirement

    Transit passengers

    Article 26.

    (1) Aliens who, during a stopover at an Austrian airport, do not leave the airport’s transit area or disembark from the aircraft (transit passengers) shall not be subject to the visa requirement.

    (2) If so required by the public interests, in particular the fight against international organized crime, the control of evasion of the visa requirement, or the relations between the Republic of Austria and other States, the Federal Minister of the Interior may, in agreement with the Federal Minister for

    Foreign Affairs, stipulate, by ministerial order, that nationals of certain States, holders of certain travel documents or travellers on certain routes shall require an air transit visa for transit purposes.

    (3) An air transit visa may be granted to an alien, upon application, provided that a valid travel document exists and the public interests as referred to in paragraph (2) above do not conflict therewith.

    Persons entitled to privileges and immunities

    Article 27.

    Aliens to whom an identity card with photograph has been issued pursuant to article 84 shall, during the period of validity of such identity card, not require an entry or residence authorization for residence in or re-entry into the federal territory.

    Other exceptions to the visa requirement

    Article 28.

    (1) In so far as the Federal Government is empowered under article 66 (2) of the Federal Constitution to conclude intergovernmental agreements, it may, subject to a reciprocal arrangement, agree that aliens shall be entitled to enter and reside in the federal territory without a

    visa. Such aliens shall for a period of one year following any rejection at the border pursuant to subparagraph 3 of paragraph (2) of article 52, forcible return or expulsion require a special authorization for entry into and residence in the federal territory.

    (2) Children who do not possess Austrian nationality shall be exempt from the visa requirement until they are six months old if their mother or another alien who is solely responsible for the care and upbringing of the child is lawfully settled in the federal territory; the foregoing shall, however, apply only for as long as the person concerned remains lawfully settled and, where deriving from the father, only if the right of care and upbringing falls solely to the father on grounds other than the mother’s waiver of that right. Moreover, such children shall be granted exemption from the visa requirement until they are six months old if and for as long as an Austrian national having his or her principal domicile in the federal territory is solely responsible for their care and upbringing.

    (3) If the public interests so require, the Federal Minister of the Interior shall, in agreement with the Federal Minister for Foreign Affairs, be empowered, by ministerial order, to grant exceptions to the visa requirement for certain aliens. Those aliens shall be entitled to reside in the federal territory for three months following their entry, unless a shorter period is stipulated in such ministerial order.

    (4) In agreements pursuant to paragraph (1) above and in ministerial orders pursuant to paragraph (3) above it may be stipulated, subject to a reciprocal arrangement, that a residence authorization may also be granted to aliens following a visa-exempt entry.

    (5) Aliens who are granted asylum in Austria shall be exempt from the visa requirement. Aliens who are otherwise entitled to reside in the federal territory under the provisions of the 1997 Asylum Act shall for such purpose not require an entry authorization or a residence authorization.

    Displaced persons

    Article 29.

    (1) In times of armed conflict or other circumstances threatening the safety of entire population groups, the Federal Government, in agreement with the Executive Committee of the National Council, may by ministerial order grant temporary right of residence in the federal territory to directly affected groups of aliens who can find no protection elsewhere (displaced persons).

    (2) In the ministerial order referred to in paragraph (1) above, the aliens' entry and the duration of their residence shall be regulated with due regard for the circumstances of their particular case.

    (3) The right of residence conferred under the ministerial order shall be certified in the alien’s travel document by the authority. If the alien does not possess a travel document, an alien’s identity card with photograph (article 85) shall be issued to him or herex officio.

    (4) If permanent integration becomes necessary as a result of the prolonged duration of the circumstances referred to in paragraph (1) above, it may be stipulated in the ministerial order that specific categories of persons having right of residence may validly submit within Austria an application for the granting of a settlement permit and that the settlement permit may be issued to them notwithstanding the existence of any grounds for refusal pursuant to subparagraphs 2 to 4 of paragraph (1) of article 10.

    Section 6

    Exemption from the visa requirement, right of settlement and right of continued abode

    Article 30.

    (1) Aliens who are exempt from the visa requirement and have right of settlement in Austria by virtue of generally recognized rules of international law, an international treaty, federal law or directly applicable legal instrument of the European Union shall not require an entry authorization or a residence authorization for entry into and residence in the federal territory.

    (2) Third-country nationals who, by virtue of an international treaty, federal law or directly applicable legal instrument of the European Union, have right of settlement but are not exempt from the visa requirement shall be entitled to an entry authorization or to a residence authorization in accordance with that international treaty, federal law or legal instrument.

    (3) Settled third-country nationals who are subject to the visa requirement and who have right of continued abode(Bleiberecht) by virtue of an international treaty, federal law or directly applicable legal instrument of the European Union shall be entitled to an additional residence authorization in accordance with that international treaty, federal law or legal instrument.

    Part 3

    Residence of aliens

    Section 1

    Granting of right of residence

    Lawful residence

    Article 31.

    (1) Aliens shall be lawfully resident in the federal territory:

    1. If their entry took place in compliance with the provisions of Part 2 and without evasion of the border control, or

    2. If they are entitled to reside by virtue of a residence authorization or under a ministerial order relating to displaced persons (article 29), or

    3. If they are holders of a residence authorization issued by a contracting State, or

    4. For as long as they are afforded right of residence under the 1997 Asylum Act.

    (2) Even if the requirements stipulated in subparagraph 1 of paragraph (1) above have been satisfied, aliens shall be unlawfully resident in the federal territory if they have had to be returned under a re-admittance agreement (article 4, paragraph (4)) or in accordance with international practice, or if their entry took place on the strength of a transit declaration (article 58) or of a transit permit under article 67 of the Extradition and Mutual Legal Assistance Act (ARHG), FLG No. 529/1979, or if a contracting State has communicated facts justifying their rejection at the border.

    (3) The duration of an alien’s lawful residence in the federal territory shall be determined by:

    1. The regulations laid down by international agreement, federal law or ministerial order, or

    2. The time limitation of the entry authorization or residence authorization.

    (4) Aliens who have submitted an application for the granting of an additional residence authorization prior to expiry of the period of validity of the residence authorization last issued to them or prior to the existence of the visa requirement shall be lawfully resident in the federal territory until a final decision is pronounced on such application. Termination of the right of residence ordered by the authority (article 15) shall be deemed to be a decision within the meaning of this paragraph.

    Proof of right of residence

    Article 32.

    (1) Aliens shall be obliged, if so requested in connection with the execution of a federal law, to present to the authorities or to their agents the documents establishing their right of residence and, if necessary, to proceed accompanied by an agent to the place where the documents are kept. They shall further be obliged, upon request and in justified cases, to furnish the authorities (articles 88et seq.) or agents of the public security service with information concerning the purpose or intended duration of their residence in the federal territory or with proof that they possess the means to support themselves.

    (2) Aliens shall be obliged to carry their travel document on their person or to keep it at such a distance from their current place of residence that it can be obtained (paragraph (1) above) without undue delay.

    (3) If a certificate of settlement has been issued to an alien pursuant to article 24, such certificate shall serve as proof of the lawfulness of his residence in the federal territory. Paragraphs (1) and (2) above shall apply.

    Section 2

    Termination of right of residence

    Expulsion of aliens not possessing residence authorization

    Article 33.

    (1) Aliens may be expelled by administrative order if they are unlawfully resident in the federal territory.

    (2) Aliens who either do not possess a residence authorization or are not exempt from the visa requirement and have no right of settlement (article 30, paragraph (1)) may be expelled by administrative order:

    1. If they have been convicted by a criminal court of a wilful offence committed within one month of their entry, even if the judgement is not final; or

    2. If within one month of their entry they are discovered in the act of committing a wilful offence or, on the basis ofprima facieevidence, are charged with any such crime immediately following the perpetration thereof, if the punishable act carries a substantial penalty and the competent public prosecutor has declared his intention to report the case to the Federal

    Minister of Justice under article 74 of the Extradition and Mutual Legal Assistance Act; or

    3. If within one month of their entry they infringe the statutory provisions regulating prostitution; or

    4. If they fail within one month of their entry to furnish proof that they possess the means to support themselves; or

    5. If within one month of their entry they are discovered by an agent of the customs authority or of the regional or provincial offices of the employment market service to be engaged in an occupation which they are not permitted to pursue under the Aliens Employment Act, or

    6. If their entry took place in breach of the provisions of Part 2 or by evasion of the border control and they are discovered during such unlawful residence within a period of one month, and if their immediate exit is necessary in the interests of public order.

    (3) An expulsion order pursuant to paragraph (2) above shall be enforceable from the moment it is imposed, even if it is not final; whereupon the alien must depart without delay.

    (4) Notification by a customs authority or an office of the employment market service concerning the inadmissibility of the pursuit of an occupation under the Aliens Employment Act shall be deemed equivalent to the discovery thereof, in accordance with subparagraph 5 of paragraph (2) above, if the

    alien was discovered by an agent of the public security service to be engaged in such occupation.

    Expulsion of aliens possessing residence authorization

    Article 34.

    (1) Aliens resident in the federal territory on the strength of a residence authorization or during the course of a procedure for the granting of an additional residence authorization may be expelled by administrative order:

    1. If any grounds for refusal which conflict with the granting of the residence authorization last issued subsequently arise or become known; or

    2. If any grounds for refusal conflict with the granting of an additional residence authorization, or

    3. If the residence authorization was granted to an alien because he had invoked his marital status as grounds therefor but did not lead a joint family life within the meaning of article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

    (2) Aliens resident in the federal territory on the strength of a residence authorization or during the course of a procedure for the granting of an additional residence authorization shall further be expelled by administrative order if they have been issued with a settlement permit, have made themselves available for work and have not pursued a permitted occupation in a non-self-employed capacity for more than four months in their first year of settlement.

    (2a) Aliens who have entered into an integration agreement shall be deported by administrative decision if, for reasons solely attributable to them, they fail to comply with that agreement within four years following the issue of the initial settlement permit and facts justify the assumption that they are unwilling to acquire the aptitude to participate in social, economic and cultural life in Austria; due consideration shall be given to the protection of private and family life (article 37).

    (2b) Also, aliens who have entered into an integration agreement shall be deported by administrative decision if, for reasons solely attributable to them, they have not begun to comply with such agreement within three years following the issue of the initial settlement permit and facts justify the assumption that they are unwilling to acquire the aptitude to participate in social, economic and cultural life in Austria; due consideration shall be given to the protection of private and family life (article 37).

    (3) Aliens resident in the federal territory on the strength of a residence permit or during the course of a procedure for the granting of an additional residence permit may also be expelled by administrative order:

    1. If a settlement permit was granted to them for any purpose of residence, other than gainful employment, in order to guarantee their right to family reunification and the requirements therefore ceased to be met prior to the expiry of a period of four years following the settlement of the family member; or

    2. If a settlement permit was granted to them, they settled in the federal territory for a period of more than one year but less than eight years, and they have not pursued a permitted occupation for a virtually uninterrupted period of one year.

    (4) The following shall be deemed equivalent to periods of permitted employment in a non-self-employed capacity within the meaning of paragraph (2) and subparagraph 2 of paragraph (3) above:

    1. Periods during which maternity allowance or maternity pay is drawn, even if the employment relationship is no longer in operation; and

    2. Periods of sickness, industrial injury or accident, for as long as there is still entitlement to continued remuneration from the employer or to sickness benefit from a social security authority.

    Enforcement of residence bans by EEA countries

    Article 34a.

    (1) In the case of third-country nationals who do not possess a residence

    authorization, a final enforceable expulsion ruling (residence ban) of a State member of the European Economic Area shall be equivalent to a final enforceable Austrian deportation ruling if it is based on a serious and acute threat to public safety and law and order or to national security and the residence ban:

    1. Is based on the criminal judgement of an offence that carries a minimum sentence of imprisonment of one year, or

    2. Was imposed owing to the existence of a well-founded suspicion that the third-country national had committed serious offences or to the existence of material evidence to suppose that he was planning such acts within the territory of a member State, or

    3. Was imposed because the third-country national had infringed the entry and residence regulations of the State pronouncing the ruling.

    (2) In the case of third-country nationals who possess an Austrian residence authorization and on whom a residence ban has been imposed pursuant to subparagraph 1 or 2 of paragraph (1) above, the aliens police authority shall initiate a procedure as defined in article 15. If the authority concludes that a residence ban can be imposed, paragraph (2) of article 16 shall be applied; if it does not, the expulsion ruling shall not be enforced. Article 57 shall apply.

    (3) National decisions pursuant to articles 33, 34 and 36 shall take precedence over paragraphs (1) and (2) above."

    Reinforced right of residence in the case of aliens possessing settlement permits

    Article 35.

    (1) Aliens who prior to the occurrence of the determining facts had already been lawfully settled on a permanent basis in the federal territory for an uninterrupted period of five years but not yet eight years may not be expelled by reason of the lack of means to support themselves or the absence of adequate sickness insurance cover, or the possibility of their representing a financial burden on a local administration(Aufenthaltsverfestigung). The foregoing shall, however, apply only if and for as long as the alien’s endeavours to ensure the means to support himself through his own

    efforts are discernible and do not appear unlikely to succeed.

    (2) Aliens who prior to the occurrence of the determining facts had already been lawfully settled on a permanent basis in the federal territory for an uninterrupted period of eight years may be expelled only if they have been found guilty, by a final judgement of an Austrian court, of the commission of a punishable act and their continued residence would constitute a threat to law and order or public safety.

    (3) If the period referred to in paragraph (2) above already amounts to ten years, aliens may no longer be expelled by reason of the occurrence of any grounds for refusal, unless they have received under a final judgement of an Austrian court:

    1. An unconditional sentence of imprisonment of more than one year for a felony or for alien smuggling or under articles 27, paragraph (2), 28, paragraph (1) or 32, paragraph (1) of the Narcotic Drugs Act (SMG), or by reason of acts constituting a statutory offence under Section 16 or Section 20 of the Special Part of the Penal Code; or

    2. An unconditional sentence of imprisonment of more than six months for a wilful offence based on the same malicious propensity (article 71 of the Penal Code), such as another punishable act committed by them for which the conviction has not yet been expunged.

    (4) Aliens who have grown up in Austria from childhood and been lawfully settled in this country for many years may not be expelled. Aliens shall in all cases be regarded as having been settled in the federal territory for many years if they have spent one half of their life in the federal territory and

    have most recently been settled in this country for at least three years.

    (5) Judgements of foreign criminal courts shall be deemed equivalent to the judgements referred to in paragraphs (2) and (3) above if they satisfy the requirements set out in article 73 of the Penal Code.

    Residence bans

    Article 36.

    (1) A residence ban may be imposed on an alien if on the basis of certain facts it can justifiably be assumed that his residence:

    1. Constitutes a threat to law and order or public safety, or

    2. Runs counter to other public interests as stated in article 8 (2) of the Convention for the Protection of Human Rights and Fundamental Freedoms.

    (2) Certain facts within the meaning of paragraph (1) above shall be deemed to include, in particular, cases where an alien:

    1. Has received, under a final judgement of an Austrian court, an unconditional sentence of imprisonment of more than three months, a partially suspended sentence of imprisonment, a suspended sentence of imprisonment of more than six months, or a sentence on more than one occasion for punishable acts based on the same malicious propensity;

    2. Has been sentenced on more than one occasion, by a final decision, of an administrative infraction under article 99, paragraph (1) or (2), of the 1960 Road Traffic Regulations, FLG No. 1960/159, under article 366, paragraph (1) 1, of the 1994 Trade Regulations, FLG No. 1994/194, in connection with a restricted trade or occupation subject to licensing, under article 81 or 82 of the Security Policing Act (SPG), FLG No. 566/1991, or under article 9 or 14 in conjunction with article 19 of the 1953 Public Meetings Act, FLG No. 1953/233, or on more than one occasion of a serious breach of the present federal law, of the Border Control Act, FLG No. 435/1996, the 1991 Domicile Registration Act, FLG No. 9/1992, or the Aliens

    Employment Act;

    3. Has been sentenced in Austria, by a final decision, of wilfully committed fiscal offences (with the exception of contraventions of financial rules) or of wilful breaches of foreign-exchange control regulations;

    4. Has been sentenced in Austria, by a final decision, of a serious infringement of the statutory provisions governing prostitution, or has been convicted in Austria or abroad, by a final judgement, for procuring;

    5. Has engaged or participated in alien smuggling;

    6. Has made false statements to an Austrian authority or its agents concerning himself, his personal circumstances or the purpose or intended duration of his residence, with a view to being granted right of entry or right of residence in accordance with article 31, paragraphs (1) and (3);

    7. Fails to furnish proof that he possesses the means to support himself, unless his entry took place lawfully with a view to his taking up employment and he has pursued a permitted occupation in Austria for more than six months within the previous year;

    8. Is discovered by an agent of the customs authority or of the regional or provincial offices of the employment market service to be engaged in an occupation which he is not permitted to pursue under the Aliens Employment Act; or

    9. Has contracted marriage and invoked his marital status as grounds for the granting of a residence authorization or of a certificate of exemption, but has never led with his spouse a joint family life within the meaning of article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms and has received a pecuniary advantage for contracting

    such marriage.

    10.Was adopted and the granting or continuation of the residence authorisation was the sole or predominant reason for his adoption but deceived the court as to the true relationship with the adoptive parents.

    (3) An applicable judgement under paragraph (2) above shall be deemed not to exist if the conviction has already been expunged. Any such judgement shall, however, be deemed to exist if it was rendered by a foreign court and satisfies the requirements set out in article 73 of the Penal Code.

    (4) Notification by a customs authority or an office of the employment market service concerning the inadmissibility of the pursuit of an occupation under the Aliens Employment Act shall be deemed equivalent to the discovery thereof, in accordance with subparagraph 8 of paragraph (2) above, if the

    alien was discovered by an agent of the public security service to be engaged in such occupation.

    Protection of privacy and family life

    Article 37.

    (1) If an expulsion order pursuant to article 33, paragraph (1), or to article 34,

    paragraph (1), (2a), (2b) and (3), or a residence ban would interfere with the alien’s privacy or family life, any such withdrawal of his right of residence shall be admissible only if it is urgently required in order to achieve the objectives specified in article 8 (2) of the Convention for the Protection of Human

    Rights and Fundamental Freedoms.

    (2) An expulsion order pursuant to article 34, paragraph (1), (2a) or (2b), or a residence ban may in no case be imposed if its effects on the life of the alien and of his family outweigh the detrimental consequences of its non- imposition. In the making of such evaluation, due consideration shall be

    given, in particular, to the following factors:

    1. The duration of the residence and the extent of integration of the alien or his relatives;

    2. The intensity of family or other ties.

    Inadmissibility of residence bans

    Article 38.

    (1) A residence ban shall not be imposed:

    1. If, in the cases referred to in article 36, paragraph (2) 8, the alien would have been permitted to pursue another occupation for the same employer under the provisions of the Aliens 27 Employment Act and if, for the occupation in which the alien was discovered to be engaged, no change to the purpose of residence would have been required or a change of purpose

    pursuant to article 13, paragraph (3), would have been admissible;

    2. If an expulsion order pursuant to article 34, paragraph (1) 1 or 2, would be inadmissible by reason of the facts that determined the ban;

    3. If national status could have been conferred upon the alien under article 10 (1) of the 1985 Nationality Act, FLG No. 1985/311, prior to the occurrence of the facts that determined the ban, unless the alien has been sentenced, by a final judgement for an act punishable by the courts, to more than two years imprisonment;

    4. If the alien has grown up from childhood in Austria and been lawfully settled in this country for many years.

    (2) Aliens shall in all cases be regarded as having been settled in the federal territory for many years if they have spent one half of their life in the federal territory and have most recently been settled in this country for at least three years.

    Duration of residence bans

    Article 39.

    (1) A residence ban may be issued for an unlimited period in the cases referred to in article 36, paragraph (2) 1 and 5, for a maximum period of five years in the cases referred to in article 36, paragraph (2) 9, and for a maximum period of ten years only in all other cases.

    (2) In the fixing of the duration of a residence ban, due consideration shall be given to the factors that determined its imposition. The term of the ban shall be computed from the commencement of its enforceability.

    Exit obligation and deferment of enforcement

    Article 40.

    (1) Expulsion orders imposed on aliens pursuant to article 33, paragraph (1), or to article 34 and residence bans shall be enforceable upon becoming final; whereupon the alien must depart without delay. The commencement of enforceability shall be deferred for the duration of any deprivation of liberty imposed by reason of a punishable act. In the event of the imposition of an

    expulsion order on aliens pursuant to article 33, paragraph (1), or to article 34 or of a residence ban, the authority may, if so petitioned, postpone the commencement of its enforceability by up to three months(Durchsetzungsaufschub); in such cases, the public interests of the alien’s immediate exit must be weighed against those factors that he has to take into account in the settlement of his personal affairs.

    (2) If the authority denies the suspensory effect of an appeal against an expulsion order imposed on aliens pursuant to article 33, paragraph (1), or against a residence ban (article 45, paragraph (3) or (4)), the expulsion order or residence ban shall become enforceable upon the pronouncement of the

    denial; whereupon the alien must depart without delay.

    (3) An expulsion shall be no longer relevant if a residence authorization is granted to the person concerned.

    Re-entry

    Article 41.

    (1) Throughout the duration of a residence ban, an alien may not re-enter the country without a permit.

    (2) A re-entry permit may be granted to the alien, upon application, if required for cogent public or private reasons that do not conflict with the reasons which determined the residence ban and provided that no grounds for a visa refusal otherwise exist. The period of validity required on the basis of the facts shall be fixed at the time of issue of the permit.

    (3) The permit shall be issued in the form of a visa, notwithstanding the existence of a legally binding residence ban.

    Conditions applicable to enforcement deferment orders and to re-entry permits

    Article 42.

    (1) Should the authority defer the commencement of the enforceability of an

    expulsion order or of a residence ban or grant a re-entry permit, it may lay down conditions that are necessary in such cases in the interests of preserving law and order or public safety; in so doing, it shall give due consideration to the purpose of the residence.

    (2) Conditions within the meaning of paragraph (1) above shall include, in particular, the stipulation of specific border crossing points, routes or places of residence, and the obligation to register at offices of the security service.

    (3) The imposition of conditions pursuant to paragraph (1) above may be indicated in the alien’s travel document.

    Revocation of enforcement deferment orders and of re-entry permits

    Article 43.

    (1) Enforcement deferment orders and re-entry permits shall be revoked if facts that would have justified their refusal subsequently become known or if the reasons for their issue cease to exist.

    (2) An enforcement deferment order shall be revoked if during his continued residence in the federal territory the alien performs an act which necessitates his immediate exit on one of the grounds stated in paragraph (1) of article 34.

    (3) A re-entry permit shall further be revoked if during his residence in the federal territory the alien performs an act which:

    1. In the context of the reasons that determined the residence ban necessitates the immediate enforcement of that ban, or

    2. Would justify the re-imposition of a residence ban.

    (4) The re-entry permit shall be revoked by means of a visa invalidity declaration.

    Lifting of residence bans

    Article 44.

    Residence bans shall be lifted, upon application orex officio, if the reasons which led to their imposition cease to exist.

    Special procedural provisions

    Article 45.

    (1) The federal, provincial and municipal authorities, offices of the employment market service and social insurance agencies shall be empowered and, upon request, obliged to communicate to the authority any personal data on aliens that may be relevant in connection with

    measures pursuant to the present section. Any withholding of information shall be inadmissible.

    (2) In any procedure relating to the imposition of an expulsion order or residence ban, the alien shall, if so requested by the authority, appear in person before it. If the expulsion order is being issued

    for the reason stated in article 33, paragraph (2) 5, or if the residence ban is being issued for the reason stated in article 36, paragraph (2) 8, the alien shall be questioned regarding the circumstances of his unlawful occupation; the information thus obtained shall be made available to the competent

    authority for the conduct of the administrative penalty procedure under the Aliens Employment Act (article 28 of the Aliens Employment Act).

    (3) The suspensory effect of an appeal against an expulsion order pursuant to article 33, paragraph (1), shall be disallowed if the alien’s immediate exit is necessary in the interests of public order. No suspensory effect shall be allowable in respect of appeals against expulsion orders pursuant to article 33, paragraph (2). The suspensory effect of an appeal against an expulsion order pursuant to article 34 may not be disallowed.

    (4) In the case of aliens lawfully resident in the federal territory, the suspensory effect of an appeal against a residence ban may be denied only if the alien’s immediate exit is necessary in the interests of law and order or for reasons of national security.

    (5) Enforceable expulsion orders and residence bans may be indicated in the aliens' travel documents.

    Part 4

    Special provisions relating to entry and residence for EEA citizens and for relatives of EEA citizens and of Austrian nationals

    Section 1

    EEA citizens

    Visa exemption and right of residence of EEA citizens

    Article 46.

    (1) EEA citizens shall be exempt from the visa requirement and shall have right of settlement.

    (2) EEA citizens who do not possess sufficient means to support themselves or do not hold fully comprehensive sickness insurance coverage shall be entitled to settle only if they can:

    1. Present to the authority a declaration of recruitment from their employer or a certificate of employment, or

    2. Furnish proof to the authority that they pursue a gainful occupation in a self-employed capacity, or

    3. Show to the satisfaction of the authority that they have a well-founded prospect of taking up employment within a period of six months following their entry, or

    4. Furnish proof to the authority that they are supported as relatives of an EEA citizen who has right of residence.

    Right of residence of favoured third-country nationals

    Article 47.

    (1) EEA citizens' relatives who are nationals of a third country shall be subject to the visa requirement.

    (2) Provided that the EEA citizens are entitled to settle, favoured third-country nationals (paragraph (3) below) shall have right of settlement; a settlement permit shall be issued to them if their residence does not constitute a threat to law and order or public safety. Such aliens may submit applications for the granting of an initial settlement permit within Austria. The period of validity of the settlement permit shall be five years, but six months in the case of an EEA citizen intending to take up employment (article 46, paragraph (2) 3), computed from the time of his entry.

    (3) Favoured third-country nationals shall be the following relatives of an EEA citizen:

    1. Spouses;

    2. Relatives in the descending line, up to the age of 21 years and provided that they are supported;

    3. Relatives, and relatives of the spouse, in the ascending line, provided that they are supported.

    (4) Favoured third-country nationals who have had their principal residence in the federal territory for an uninterrupted period of ten years may not be refused an additional settlement permit; in the

    case of spouses (subparagraph 1 of paragraph (3) above), the foregoing shall apply only if they have been married to an EEA citizen for more than one half of that period.

    (5) Official acts in connection with the granting of residence authorizations to favoured third-country nationals shall be exempt from stamp duty and administrative charges.

    Special provisions relating to withdrawal of right of residence and to non-procedural measures

    Article 48.

    (1) The imposition of a residence ban on EEA citizens or favoured third-country nationals shall be admissible only if their conduct constitutes a threat to law and order or public safety. The imposition of a residence ban on EEA citizens or favoured third-country nationals who have had their principal residence in the federal territory for an uninterrupted period of ten years shall be admissible only if it can be assumed, by reason of the alien’s personal conduct, that his continued residence in the federal territory would constitute a persistent and substantial threat to law and order or to the security of the Republic of Austria.

    (2) The expulsion of an EEA citizen or a favoured third-country national shall, except in the cases referred to in article 34, paragraph (1) 3, be admissible only if he is unlawfully resident in the federal territory (article 33, paragraph (1)).

    (3) In the event of the imposition of an expulsion order or a residence ban, EEA citizens and favoured third-country nationals shall be grantedex officioan enforcement deferment of one month, unless the alien’s immediate exit is necessary in the interests of law and order or national security.

    (4) Rejection at the border of an EEA citizen shall be admissible only under article 52, paragraph (1) or paragraph (2) 1, 3 (c) or 5, and only if certain facts justify the assumption that his residence in the federal territory would constitute a threat to law and order or public safety.

    (5) Articles 54, 55 and 63, paragraph (1) 2, shall not apply to EEA citizens.

    Special provisions relating to relatives of Swiss nationals

    Article 48a.

    The provisions of this Section shall also apply to Swiss nationals’ relatives who are nationals of a third country provided that they are relatives as defined in paragraph (3) of article 47 (favoured third-country nationals).

    Section 2

    Relatives of Austrian nationals

    Article 49.

    (1) Austrian nationals’ relatives, as referred to in paragraph (3) of article 47, who are nationals of a third country shall have right of settlement; except as otherwise stated below, they shall be subject to the provisions applying to favoured third-country nationals in accordance with Section 1 above. Such aliens may submit applications within Austria for the granting of an initial settlement permit. The period of validity of the first two settlement permits issued to them shall be one year in each case.

    (2) The certificate of settlement shall be issued to such third-country nationals, upon application, if the requirements for the granting of a residence authorization (article 8, paragraph (1)) are satisfied and the aliens:

    1. Have been married to an Austrian citizen for at least two years and live under the same roof in the federal territory;

    2. Are children under full age of an Austrian citizen and live under the same roof in the federal territory.

    Part 5

    Settlement register and integration support

    Settlement register

    Article 50.

    (1) The Federal Minister of the Interior shall maintain a register in which all residence authorizations granted during the year in question shall, without delay, be entered separately by residence permit, settlement permit and certificate of settlement, with an indication of the sex, age and nationality of the alien concerned and the purpose of his residence. If the number of settlement permits stipulated in the settlement regulations (article 18, paragraph (1)) in respect of any one province or the federal territory is reached for that year, the Federal Minister of the Interior shall without delay report such fact to the Federal Minister of Labour, Health and Social Affairs and to the head of the provincial government or governments concerned by telex or data transmission means.

    (2) The authorities (article 88, paragraphs (1) and (2), and article 89) shall regularly inform the Federal Minister of the Interior without delay, by telex or data transmission means, of the residence authorizations issued by them, with an indication of the sex, age, occupation and nationality of the

    aliens concerned.

    Integration agreements

    Article 50a.

    (1) Third-country nationals who settled in Austria after 1 January 1998 and possess an initial settlement permit or are granted an initial settlement permit on or after 1 January 2003 shall be required to enter into and comply with an integration agreement. The time limit for compliance with their integration agreement shall be computed as from the issue of the initial settlement permit but, in the case of third-country nationals who settled in Austria after 1 January 1998 and before 1 January 2003 and possess an initial settlement permit, as from the issue of the additional settlement permit necessary in connection with the integration agreement (paragraph (3b) of article 14).

    (2) Integration agreements shall be for the purpose of bringing about the integration of permanently settled aliens. Their object shall be the acquisition of a basic knowledge of the German language (article 10a of the Nationality Act) with a view to acquiring the aptitude to participate in social, economic and cultural life in Austria. Such aptitude may be acquired through attendance at a

    German language integration course.

    Exemptions from the integration agreement

    Article 50b.

    (1) The following persons shall not be required to enter into an integration

    agreement:

    1. Favoured third-country nationals who are relatives of EEA citizens or of Austrian nationals (article 30, paragraph (2); article 47; article 49);

    2 Infants and school-age children;

    3. Key workers (article 2, paragraph (5), of the Aliens Employment Act; article 24 of the Aliens Employment Act) and their family members whose settlement in Austria is for a period of less than 24 months;

    4. Key workers and their family members at international business consortiums or international research institutions whose intended settlement is for more than 24 months provided that the regional advisory board competent in accordance with article 12 of the Aliens Employment Act or the provincial board of management of the employment market service competent in accordance with article 24 of the Aliens Employment Act has declared the settlement to be in the general interests of the economy;

    5. Third-country nationals who cannot reasonably be expected to comply with an integration agreement by reason of their advanced age or their state of health. Such lack of reasonable expectation shall be established through an expert opinion given by the official medical officer;

    6. Third-country nationals who, at the time of submission of an application for the granting of an initial settlement permit or additional settlement permit, can prove, by means of a language qualification (reference scale, level A1; paragraphs (1) and (4) of article 50d), that they possess the aptitude to participate in social, economic and cultural life in Austria;

    7. Third-country nationals who, in consideration of their personal circumstances, can prove that they possess an appropriate knowledge of the German language (article 10a of the Nationality Act);

    8. Third-country nationals and their family members who, in accordance with article 1, paragraph (2) (i) and (j), of the Aliens Employment Act, are excluded from the scope of application of the Aliens Employment Act and whose settlement in Austria is for a period of less than 36 months.

    (2) The integration agreements of third-country nationals who, following the conclusion of their agreement, satisfy the requirements set out in subparagraph 1, 4, 5 or 7 of paragraph (1) above, shall cease to be relevant at the time of occurrence of that event.

    Proof of compliance with integration agreements

    Article 50c.

    (1) Aliens who have undertaken to comply with an integration agreement

    (article 50a) shall furnish proof thereof at the latest four years following the issue of the initial settlement permit or four years following the issue of the specific additional settlement permit at the time of whose issue they entered into the integration agreement. Aliens who are exempt from the integration agreement (article 50b) shall provide proof thereof within the same period.

    (2) Aliens may, upon application, be granted, in consideration of their personal circumstances, an extension of time to comply with their integration agreement; such extension may not exceed a period of two years.

    (3) In the case of aliens who immigrate after 1 January 2003, 50 per cent of the costs of a German language integration course shall be borne by the Federal Government if the conclusion of the course takes place within the first year following the issue of the initial settlement permit or, where a further time limit of six months is set, within 18 months (paragraph (3a) of article 14). The Federal Government shall bear 25 per cent of the costs if the conclusion of the course takes place after the 18th but before the end of the 24th month following the issue of the initial settlement permit. If attendance at the course does not take place until the third year following the issue of the initial settlement permit, the alien shall bear 100 per cent of the costs himself unless, by reason of his personal circumstances, he has been granted an extension of time to comply with the integration agreement.

    (4) In the case of aliens who immigrated after 1 January 1998 and prior to 1 January 2003, 50 per cent of the costs of a German language integration course shall be borne by the Federal Government if the conclusion of the course takes place within the first year following the issue of an additional settlement permit or, where a further time limit is set, within 18 months following the issue of that additional settlement permit (paragraphs (3a) and (3b) of article 14). The Federal Government shall bear 25 per cent of the costs if the conclusion of the course takes place after the 18th but before the end of the 24th month following the issue of the additional settlement permit (paragraphs (3a) and (3b) of article 14). If attendance at the course does not take place until the third year following the issue of the additional settlement permit, the alien shall bear 100 per cent of the costs himself unless, by reason of his personal circumstances, he has been granted an extension of time to comply with the integration agreement.

    (5) In the case of key workers pursuing an occupation in a non-self-employed capacity, the share of the costs assumed by the Federal Government pursuant to paragraph (3) or (4) above shall be reimbursed by the employer concerned.

    (6) The share of the costs assumed by the Federal Government in the case of aliens who can provide proof of their integration in accordance with subparagraph 6 or 7 of paragraph (1) of article 50b shall be determined on the basis of paragraph (3) or (4) above. Paragraph (5) above shall apply.

    Courses offered

    Article 50d.

    (1) The courses offered shall in all cases include:

    1. A simple basic knowledge of the German language for purposes of communication and the reading of simple texts;

    2. Topics of everyday life incorporating nationality and citizenship elements;

    3. Topics that impart basic European democratic values.

    (2) The certification of the courses and evaluation of the teaching content imparted shall be carried out by the Refugee Integration Fund (article 41, paragraph (2) 6, of the Asylum Act). Courses shall be certified for a period of validity of up to three years; certification may, upon application, be extended by three years in each case.

    (3) In the granting of certifications, due consideration shall be given to the willingness of provincial and municipal authorities that have already run and financed courses, as defined in paragraph (1) above, prior to the entry into force of the present federal law and declare their willingness to continue to run such courses. The share of the costs assumed by the provincial and municipal authorities shall not reduce the contribution referred to in paragraph (3), (4), (5) or (6) of article 50c.

    (4) The Federal Minister of the Interior shall be empowered by ministerial order to establish the contents, as referred to in paragraph (1) above, with respect to the teaching aims, method of instruction and qualifications of the teaching staff and the number of teaching units, as well as the form and content of the course certification and the maximum costs to be borne by the Federal Government.

    (5) The Refugee Integration Fund may withdraw a certification during its period of validity if the teaching aims, method of instruction or qualifications of the teaching staff are not in conformity with paragraph (1) above.

    Integration support

    Article 51.

    (1) Aliens who have been issued with a settlement permit may be granted integration support; the purpose thereof shall be to bring about their involvement in the economic, cultural and social life of Austria and their equality of opportunity with Austrian citizens in those areas.

    (2) Integration support measures shall include in particular:

    1. Language courses;

    2. Basic and advanced training courses;

    3. Events organized to provide an introduction to Austrian culture and history;

    4. Events arranged jointly with Austrian citizens to promote mutual understanding, and

    5. Dissemination of information concerning the housing market.

    (3) Private, humanitarian and ecclesiastical organizations and voluntary welfare or local authority institutions shall, to the extent possible, be called upon to furnish integration support. The services to be provided shall be set out in a contract under private law, which shall also regulate the reimbursement of costs.

    (4) In so far as the Federal Minister of the Interior is empowered under article 66 (2) of the Federal Constitution to conclude interdepartmental agreements, he may arrange cooperation with international organizations or projects whose object is to resolve problems relating to migration and integration of aliens in Europe.

    (5) The acquisition and processing of personal data and the transmission thereof for integration-related purposes to institutions of the federal and provincial authorities with a view to furnishing integration support shall be admissible in accordance with the provisions of article 98.

    Asylum and Migration Advisory Board

    Article 51a.

    (1) The Federal Minister of the Interior shall receive advice from the Asylum and Migration Advisory Board on asylum and migration questions. The Asylum and Migration Advisory Board shall, at the request of one of its members, issue recommendations on specific asylum or migration matters, particularly in connection with the implementation and financing of integration support measures (article 51), the granting of repatriation assistance (article 12 of the Federal Care Provision Act) and the exercise of discretion, in individual cases, in substantiating an alien’s lawful residence on humanitarian grounds.

    (2) The Asylum and Migration Advisory Board shall be composed of twenty-two members, who shall hold office in an honorary capacity. The members of the Asylum and Migration Advisory Board shall be appointed by the Federal Minister of the Interior, for a term of office of five years, one each at

    the proposal of the Federal Minister of Finance, the Federal Minister for Foreign Affairs, the Federal Minister for Economic Affairs and Labour, the Federal Minister for Social Security and Generations, the Federal Minister of Science, Education and Culture, the Federal Chamber of Labour, the

    Chamber of Commerce and Trade of Austria, the Austrian Trade Union Federation, the Association of Industrialists, the Presidents’ Conference of Chambers of Agriculture of Austria, the Austrian Federation of Local Authorities, the Austrian Federation of Municipal Authorities, four representatives from the federal provinces and the representatives of four exclusively humanitarian or ecclesiastical organizations, designated by the Federal Minister of the Interior, which – particularly in the area of advisory services for refugees or an activity referred to in paragraph (3) of article 51 – are concerned with the integration of aliens or the provision of refugee advice to aliens. The Federal Minister of the Interior shall preside over the Asylum and Migration Advisory Board and, in the event of an equal number of votes, shall have the casting vote.

    (3) The members of the Asylum and Migration Advisory Board shall be subject to the obligation of official secrecy.

    (4) The Federal Minister of the Interior provides the Asylum and Migration Advisory Board with the necessary personnel and material requirements for the performance of its administrative activities. The Asylum and Migration Advisory Board draws up its rules of procedure, in which the powers of its

    president and regulations governing representation in the event of impediment of a member shall be laid down.

    Part 6

    Measures relating to prevention of entry, termination of right of residence and inter-country transfer

    Section 1

    Non-procedural measures

    Rejection at the border

    Article 52.

    (1) Aliens shall be prevented from entering the federal territory at the time of the border control(Zurückweisung) if doubts exist concerning their identity, or if they have not complied with the passport or visa requirement, or if it had been stipulated that they must use a different border crossing point (articles 6 and 42). Rejection at the border shall not take place if so laid down by

    federal law, international agreement or international practice.

    (2) Aliens shall be rejected at the border at the time of the border control:

    1.If an enforceable residence ban has been imposed on them and a re-entry permit has not been granted to them;

    2. If a contracting State has indicated that their residence in the territory of the contracting States would constitute a threat to law and order or national security, unless they possess a residence authorization from a contracting State or an entry authorization granted by Austria;

    3. If, although they are entitled to visa-exempt entry for the purpose of residence stated by them, certain facts justify the assumption that:

    (a) Their residence in the federal territory would constitute a threat to law and order or public safety or harm the relations between the Republic of Austria and another State;

    (b) They intend to take up gainful employment in the federal territory without the permits required for such purpose;

    (c) They will engage or participate in alien smuggling in the federal territory;

    4. If they have no domicile in Austria and do not possess the means to meet the costs of their residence and subsequent exit;

    5. If certain facts justify the assumption that they wished to use their residence in the federal territory for the wilful commission of fiscal offences (with the exception of contraventions of financial rules) or for the wilful breach of foreign-exchange control regulations.

    (3) The decision as to whether entry is admissible shall be made, after the alien has been questioned, on the basis of the facts that are substantiated by him or otherwise become known. The rejection at the border may be indicated in the alien’s travel document.

    Measures to guarantee rejection at the border

    Article 53.

    (1) If an alien who is to be rejected at the border cannot leave the border control area immediately for legal or practical reasons, he may be instructed to remain at a specified place, within that area, for the period of such stay.

    (2) Aliens whose entry took place on board of an aircraft, land vehicle or vessel of a carrier may, in order to guarantee the rejection at the border as an expulsion security measure, be forbidden to disembark from the conveyance or be required to board a specific conveyance by which they may leave the federal territory. The party which transported the aliens shall in such cases be obliged at its own expense to ensure that the aliens depart without delay, unless departure is arranged by another carrier at no cost to the Republic of Austria.

    (3) Carriers which have conveyed aliens to Austria by an aircraft or vessel or by a motor coach operating regular international services shall be obliged to hold ready for the border control authority during ten days thereafter the identification particulars (name, date and place of birth, address and nationality) of the aliens they carried and details of their documents required for entry purposes (type, period of validity, issuing authority and date of issue). The foregoing shall not apply in the case of aliens who are entitled to visa-exempt entry, provided that the carrier has satisfied itself that such

    aliens are in the possession of the necessary travel document. Before the carrier allows the alien access to the means of transport, the latter must render plausible that his travel document is substantively accurate according to its appearance and his own indications.

    (3a) Pursuant to paragraph (3) above the carrier must communicate the data regarding a particular alien, which he has to hold ready for the border control authority, to the latter, upon request, promptly and at no charge.

    (4) In the case of aliens on whom a measure to guarantee the rejection at the border is to be imposed, article 53c, paragraphs (1) to (5), of the 1991 Administrative Penalties Act (VStG), FLG No. 1991/52, shall apply to their stay at the place specified for such purpose.

    Measures to guarantee transit

    Article 54.

    (1) Aliens who in the course of a border control state that they are transit passengers shall be refused permission to remain in the transit area(Transitsicherung):

    1. If, on the basis of specific facts, the aliens' subsequent exit does not appear guaranteed, or

    2. If the aliens do not possess the necessary air transit visa.

    (2) Transit security measures shall be executed in conjunction with an order that the aliens depart without delay; if their immediate exit is not possible, the aliens may be instructed to remain at a specified place, within the border control area, for the period up to their departure. Article 53, paragraphs (2) and (3), shall be applicable.

    Forcible return

    Article 55.

    (1) Aliens may be constrained by the authority to return abroad(Zurückschiebung):

    1. If their entry took place by evasion of the border control and they are discovered within seven days;

    1a.If they entered without having satisfied the requirements laid down for entry and residence purposes and are discovered within seven days;

    2. If within seven days of their entry into the federal territory they have had to be returned by the Republic of Austria under a re-admittance agreement (article 4, paragraph (4)) or in accordance with international practice.

    (2) The forcible return may be indicated in the alien’s travel document.

    Deportation

    Article 56.

    (1) Aliens against whom a residence ban or an expulsion order is enforceable may be constrained by the authority to leave the country(Abschiebung):

    1. If the supervision of their exit appears necessary for reasons relating to the preservation of law and order or public safety; or

    2. If they fail to comply punctually with their exit obligation; or

    3. If, on the basis of certain facts, it is to be feared that they will not comply with their exit obligation, or

    4. If they have returned to the federal territory in contravention of a residence ban.

    (2) The deportation of an alien shall be deferred, upon application orex officio, by a specific period not exceeding one year in each case (deportation deferment) if the expulsion is inadmissible (article 57) or if it appears that for practical reasons the deportation cannot be carried out. In cases involving the imposition of conditions or revocation, article 42 and article 43, paragraph (1), shall apply.

    (3) If the requirements for the imposition of an deportation order are simultaneously satisfied in the case of relatives (article 72 of the Penal Code), the authority shall take particular care to ensure in the implementation thereof that the effect on the family life of such aliens is as slight as possible.

    (4) The deportation may be indicated in the alien’s travel document.

    Disallowance of deportation, forcible return or rejection at the border

    Article 57.

    (1) The rejection at the border, forcible return or deportation of aliens to a country shall be inadmissible if such action would be in violation of article 2 or article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms or of Protocol No. 6 thereto concerning the abolition of the death penalty.

    (2) The rejection at the border or forcible return of aliens to a country shall be inadmissible if there are valid grounds for assuming that their life or freedom would be endangered in that country on account of their race, religion, nationality, membership of a particular social group or political opinion

    (article 33 (1) of the Convention relating to the Status of Refugees, FLG No. 55/1955, as amended by the Protocol relating to the Status of Refugees, FLG No. 78/1974).

    (3) Aliens who plead any of the dangers stated in paragraph (1) or (2) above may not be rejected at the border or forcibly returned not before they have had an opportunity to put forward opposing reasons. In cases of doubt, the authority shall be informed of the facts of the case prior to the deportation.

    (4) The deportation of aliens to a country in which they would be in danger within the meaning of paragraph (2) above, but not within the meaning of paragraph (1) above, shall be admissible only if for cogent reasons they represent a threat to the security of the Republic or if they have been convicted, by a final judgement of an Austrian court, of a particularly serious crime and, by reason of such punishable act, constitute a danger to the community (article 33 (2) of the Convention relating to the Status of Refugees).

    (5) Cases where the requirements laid down in paragraph (4) above are satisfied shall be established by administrative decision. Responsibility therefor shall devolve upon the asylum authorities in cases where an asylum application is dismissed or asylum is denied, and in all other cases upon the Security Directorate(Sicherheitsdirektion).

    (6) The deportation of aliens to a country shall be inadmissible for as long as the recommendation of an interim measure by the European Commission on Human Rights or the recommendation of a provisional measure by the European Court of Human Rights conflicts with such deportation.

    (7) If it proves impossible for aliens whose asylum application has been rejected pursuant to article 4 of the 1997 Asylum Act to be rejected at the border, forcibly returned or deported to the third country, the Federal Asylum Agency shall be notified thereof without delay.

    Transfer

    Article 58.

    (1) Aliens shall be transferred from one foreign country to another foreign country through the federal territory(Durchbeförderung) if such transfer is ordered in a transit declaration pursuant to an international agreement concerning the transfer of aliens who are not nationals of the contracting States (article 59).

    (2) Any transfer for the purpose of entry into a country in which the alien would be in danger in accordance with article 57, paragraph (1) or (2), shall be inadmissible.

    Transfer agreements

    Article 59.

    (1) In so far as the Federal Government is empowered under article 66, paragraph

    (2), of the Federal Constitution to conclude intergovernmental agreements, it may, provided that a reciprocal arrangement is granted, conclude international agreements concerning the transfer of aliens who are not nationals of the contracting States.

    (2) In agreements pursuant to paragraph (1) above, it shall be stipulated that:

    1. A transfer may take place only at the request of one contracting State and only if the onward journey and admittance by the State of destination can be guaranteed.

    2. The transfer shall be refused if in another transfer State or in the State of destination:

    (a) The alien would run the risk of being subjected to inhumane treatment or punishment or to the death penalty, or

    (b) The alien’s life or freedom would be endangered on account of his race, religion, nationality, membership of a particular social group or political opinion;

    3. The transfer may be refused if the alien is to be prosecuted for a punishable act.

    Exercise of powers of command and constraint

    Article 60.

    (1) The rejection at the border, forcible return, deportation or transit of aliens and transit security measures relating to aliens shall be enforced by agents of the public security service with direct powers of command and constraint if they cannot be carried out, or cannot be carried out promptly, by any other means.

    (1a) The agents of the public security service shall warn and notify the person concerned of the exercise of direct powers of constraint. They shall discontinue the exercise thereof as soon as it emerges that the outcome sought is out of proportion with the action required for enforcement purposes. Any threat to life or persistent threat to health shall in all cases be inadmissible.

    (2) If a rejection at the border, forcible return, deportation or transit security measure has been indicated in an alien’s travel document, that entry shall, at the request of the person concerned, be deleted if its unlawfulness has been established by an independent administration review board(Verwaltungssenat).

    Section 2

    Deprivation of personal liberty

    Detention pending deportation

    Article 61.

    (1) Aliens may be arrested and held in custody(Schubhaft) provided that such action is necessary as a procedural security measure in connection with the imposition of a residence ban or expulsion order, until the commencement of the enforceability thereof, or as a security measure in connection with a case of deportation, forcible return or transit. An order for detention pending

    expulsion may be imposed on aliens lawfully resident in the federal territory only if, on the basis of certain facts, it may be assumed that they would evade the procedure.

    (2) Orders for detention pending deportation shall be imposed by administrative decision; such decision shall be rendered in accordance with article 57 of the General Administrative Procedures Act, unless upon the initiation of the procedure for the imposition of the detention order the alien is already for another reason held in custody not constituting simple short-term detention. Non-executed administrative decisions relating to detention pending deportation that are issued pursuant to article 57 of the General Administrative Procedures Act shall be deemed to be revoked 14 days following their pronouncement.

    (3) If the alien has a representative who is authorized to receive notifications, the notification of the administrative order for detention pending deportation shall also be deemed served from the moment when a copy is received directly by the alien. In such cases, arrangements shall be made

    without delay for a further copy to be delivered to the aforesaid representative.

    (4) The imposition of orders for detention pending deportation may be contested by the lodging of complaints in accordance with article 72.

    Arrest warrants

    Article 62.

    (1) The authority may issue an order in writing for the arrest of an alien

    (Festnahmeauftrag), even without an administrative order having been issued for his detention pending deportation, if on the basis of certain facts it may be assumed that the requirements for the imposition of an expulsion order or residence ban have been satisfied and:

    1. The alien has failed without good cause to answer a summons served on him personally and threatening the employment of such means of enforcement;

    2. The alien’s residence could not be established, but his last known address was in the authority’s area of administration.

    (2) An arrest warrant may also be issued against an alien if he has not complied with his exit obligation (articles 33, paragraph (3) and 40, paragraphs (1) and (2), and also article 20 (2) of the 1997 Asylum Act). In the case of an alien to be transferred under a transfer agreement (article 58), a hand-over warrant shall be issued.

    (3) Arrest warrants and hand-over warrants shall be issued in exercise of the power of command devolving upon the administrative authority; a written record of such warrants shall be made.

    Arrest

    Article 63.

    (1) The agents of the public security service shall be empowered to arrest an alien:

    1. Against whom an arrest warrant has been issued, in order that he may be brought before the authority (articles 88et seq.);

    2. Who is discovered by them within seven days of his entry if he is unlawfully resident (article 31);

    3. Whose entry is allowed by them by virtue of an admittance declaration (article 4).

    (2) An arrest pursuant to subparagraph 2 of article (1) above shall not be carried out if it can be guaranteed that the alien will leave the federal territory without delay.

    (3) Aliens in respect of whom a hand-over warrant has been issued (article 42, paragraph (2)) shall upon their entry be taken into custody by agents of the public security service.

    Involvement of the authority

    Article 64.

    (1) The agents of the public security service shall without delay, and at the latest within 12 hours, inform the authority of the arrest of an alien pursuant to article 63. Any such alien may be held in custody for up to 48 hours; beyond that limit, deprivation of liberty shall be admissible only by way of detention pending deportation.

    (2) No notification of the authority shall be required in connection with the handing over of an alien for the purpose of transfer (article 63, paragraph (3)). Such aliens may be held in custody by the agents of the public security service for up to 72 hours. If, however, the transit cannot be undertaken within that period, any further deprivation of liberty shall be admissible only if an order for detention pending transfer is issued by the authority.

    Rights of persons arrested

    Article 65.

    (1) Every person arrested pursuant to article 63, paragraph (1), shall be informed as soon as possible, in a language understandable to him, of the reason for his arrest.

    (2) At the request of any such person:

    1. He shall be permitted, without undue delay, to inform a relative, or another person enjoying his confidence, and also a legal adviser, of his arrest, and

    2. The consular representation of his country of origin shall be notified without delay that he is being held in custody.

    (3) In cases of arrest and custody, due consideration shall be given to the exercise of respect for the alien’s human dignity and the greatest possible forbearance in his treatment. Article 36, paragraphs (2) and (4), of the Administrative Penalties Act shall be applicable.

    More lenient measures

    Article 66.

    (1) The authority may refrain from imposing an order for detention pending

    deportation if it has reason to assume that its objective can be achieved by the use of measures of a more lenient nature. The authority shall be required to use more lenient measures in the case of persons under full age, unless it has reason to assume that the objective of an order for detention pending deportation cannot thereby be achieved.

    (2) In particular, an order that accommodation be taken up in premises specified by the authority shall constitute an appropriate measure of a more lenient nature. The ordering of more lenient measures shall be subject to the requirement that the alien consent to be photographed and fingerprinted, unless such procedures already have to be carried outex officiofor the reason stated in subparagraph 1 of paragraph (1) of article 96.

    (3) The alien shall, after being photographed and fingerprinted, travel to the accommodation designated by the authority, and shall report every second day to the office of the security service indicated to him.

    (4) If the alien does not comply with his reporting obligation (paragraph (3) above) or fails without good cause to answer a summons requiring his appearance before the authority and drawing his attention to the consequence of his non-appearance, an order for his detention pending deportation shall be issued. With regard to the time spent in the accommodation, article 69 shall apply with the proviso that the period of admissibility shall be doubled.

    (5) The use of more lenient measures shall not constitute an obstacle to the exercise of powers of command and constraint necessary for the enforcement of a deportation, forcible return or transit order. If required for the implementation of such action, the person concerned may be instructed to remain at specific locations for periods not exceeding 24 hours in all.

    Execution of orders for detention pending deportation

    Article 67.

    (1) Detention pending deportation shall be carried out at the detention premises of the authority, which imposed the detention order. If the authority is unable to carry out the detention order, a request for its execution shall be made to the nearest district administrative authority or federal police authority which possesses detention premises. If such latter authorities are also unable

    to carry out the detention order, a request for its execution shall be made to the director of the court-house jail in whose area of administration the authority is located; that director shall comply with the request provided that this is possible without interference with other statutory duties.

    (2) Orders for detention pending deportation that are imposed on aliens who have no domicile in the federal territory may be carried out at the detention premises of the nearest district administrative authority or federal police authority which is physically in a position to admit them. If no district administrative authority or federal police authority has any detention premises available, the detention order imposed on such aliens may be carried out in the nearest court-house jail which is physically in a position to admit them; the director to whom the request for execution is made shall comply with the

    request provided that this is possible without interference with other statutory duties.

    (3) An order for detention that immediately follows a court sentence of imprisonment may alternatively be executed in the court-house jail or penal institution.

    (4) If so required for the purposes of deportation, forcible return or transfer, the detention order may be executed in detention premises situateden routeto the federal border.

    (5) Special detention premises shall be maintained for all district administrative authorities and federal police authorities. Such premises may be established for a single authority or, if reasons of expediency and economy so necessitate, for several authorities jointly. The local administrations responsible for meeting the expenditure of the district administrative authorities or federal police authorities shall ensure the availability in each province of the number of detention premises which is consistent with the average number of orders for detention pending expulsion which are imposed in that province. The local administrations concerned shall draw up administrative agreements regulating their functions with regard to the establishment, maintenance and operation of the detention premises and the apportionment of costs, with due account being taken of the extent of utilization of the detention premises by the authorities.

    (6) If a detention order is executed in a court-house jail or in detention premises of another district administrative authority or federal police authority, the authority shall reimburse in full the costs arising therefrom.

    Implementation of orders for detention pending deportation

    Article 68.

    (1) In cases involving custody at detention premises of a district administrative

    authority or federal police authority, article 53c, paragraphs (1) to (5), of the Administrative Penalties 41 Act shall apply, and in cases involving custody in court-house jails and at penal institutions, article 53d thereof shall apply.

    (2) Aliens less than 16 years old may be detained pending deportation only if accommodation and care appropriate to their age and stage of development can be guaranteed.

    (3) Under-age detainees shall be kept separate from adults. If a detention order has also been imposed on a parent or legal guardian, under-age detainees shall be held in joint custody with that person unless their well-being requires separate custody.

    (4) Internal rules for the implementation of detention orders at detention premises of district administrative authorities and federal police authorities shall be issued by the Federal Minister of the Interior. The rules shall regulate the rights and obligations of detainees, having regard to the preservation of order and with due attention to spatial and staffing conditions.

    Duration of detention pending deportation

    Article 69.

    (1) The authority shall endeavour to ensure that the period of any detention pending deportation is as short as possible.

    (2) A detention order shall be maintained in force only until the reason for its imposition ceases to exist or until its objective can no longer be achieved. Except in the cases referred to in paragraph (4) below, detention pending deportation shall be for a period not exceeding two months in all.

    (3) If a residence ban or expulsion order becomes enforceable and the supervision of the alien’s exit appears necessary, the detention order issued as a procedural security measure shall as from that moment be deemed to have been imposed as an deportation security measure.

    (4) If it is not possible or permissible to deport an alien solely because:

    1. A final ruling has not yet been pronounced concerning a petition filed pursuant to article 75, or

    2. The establishment of his identity and nationality is not possible, or

    3. He does not possess the necessary entry permit or transit permit from another State, or

    4. He frustrates the deportation by resisting the measure of constraint (article 60), the detention order may be maintained in force until the expiry of the fourth week following pronouncement of the final ruling (subparagraph 1 above), or following the establishment of his identity and nationality (subparagraph 2 above), or following receipt of the permit by the authority

    (subparagraph 3 above), or following frustration of the deportation (subparagraph 4 above), but for a period of not more than six months in all; the foregoing shall, however, be without prejudice to paragraph (6) below.

    (5) The authority has to notify the alien, who is to be held in detention exclusively for reasons stipulated in paragraph (4) above, thereof in writing without delay.

    (6) An alien may not, within a two-year period, be held in detention pending deportation for more than six months by reason of the same facts; the foregoing shall not apply for a maximum period of fourteen days, for the enforcement of a deportation, following receipt of the permit.

    Lifting of orders for detention pending deportation

    Article 70.

    (1) An order for detention pending deportation shall be lifted without formality by the release of the alien from custody if:

    1. The detention order may no longer be maintained in force in accordance with article 69, or

    2. The independent administration review board(Verwaltungssenat) has established that the requirements for its continuation are not satisfied.

    (2) In cases where a detention order has been lifted without formality pursuant to paragraph (1) above, the administrative decision on which it was based shall be deemed to be revoked; a written record thereof shall be made by the authority.

    (3) An alien who has been released from detention pending deportation shall, at his request and at no charge, be furnished by the authority with a certification of the duration of his custody.

    Section 3

    Infringement of the right to peaceful enjoyment of domicile

    Entry of premises

    Article 71.

    (1) If on the basis of certain facts it may be assumed that an alien against whom an arrest warrant has been issued or on whom an order for detention pending expulsion is to be imposed is residing at certain premises situated within the area of administration of the authority, that authority may furnish the agents of the public security service with written authorization to enter the premises, if such measure appears necessary for the enforcement of the arrest warrant or for the execution of the detention order.

    (2) Agents of the public security service may enter premises:

    1. In respect of which authorization as referred to in paragraph (1) above exists, provided that such entry appears necessary for the enforcement of an arrest warrant or for the execution of a detention order;

    2. If more than five aliens have taken up accommodation in those premises and on the basis of certain facts it is suspected that some of such aliens are unlawfully resident in the federal territory, and if a verification pursuant to article 32 would otherwise be rendered impossible or be significantly impeded.

    (3) The written authorization referred to in paragraph (1) above shall be issued in exercise of the power of command devolving upon the administrative authority. It shall be exhibited to the persons concerned by the intervening agent of the public security service.

    (4) The agents of the public security service shall carry out official acts, as referred to in paragraphs (1) and (2) above, with the avoidance of undue commotion and of any molestation or disturbance of the persons concerned that is not strictly necessary, and with the maximum possible regard for their reputation. Such persons shall, upon request, be provided, within 24 hours, with an attestation concerning the carrying out of the official act and the reasons therefor. Article 60 shall be applicable.

    (5) Agents of the public security service shall be empowered to enter places of employment or business if it is suspected that aliens who are unlawfully resident in the federal territory are present on such premises. Article 60 shall be applicable if it is additionally suspected that the aliens have been smuggled into the country or have infringed the statutory provisions governing prostitution.

    Section 4

    Special legal redress

    Complaints to the independent administration review boards

    Article 72.

    (1) Any person who has been arrested pursuant to article 63 or who is or has been held in custody by virtue of the present federal law shall have the right to submit a complaint to the independent administration review board(Verwaltungssenat) on the ground of illegality of the order for his detention pending deportation or of his arrest or custody.

    (2) The complaint may alternatively be filed with the authority responsible for the arrest or custody; if the disputed custody arose in execution of an administrative order for detention pending deportation, the complaint may be filed with the authority which issued the order.

    (3) If the complaint is filed with an authority as referred to in paragraph (2) above, such authority shall ensure that it reaches the independent administration review board within at most two days of receipt, unless the custody of the complainant terminates beforehand. The authority holding the

    complainant in custody shall inform the independent administration review board without delay of any termination of custody during the complaint procedure.

    (4) If, however, the custody of the alien terminates prior to expiry of the time-limit stated in paragraph (3) above, the authority referred to in paragraph (2) above shall forward the complaint to the independent administration review board without undue delay.

    Rulings by the independent administration review boards

    Article 73.

    (1) The independent administration review board in whose area of jurisdiction the complainant was arrested shall be competent to rule on the complaint.

    (2) The ruling on the complaint shall be rendered by the independent administration review board

    through one of its members. Articles 67c to 67g and article 79a of the General Administrative Procedures Act shall additionally apply, with the provisos that:

    1. An oral hearing may be dispensed with if the facts relating to the complaint appear from the case documents to be clarified, and

    2. A ruling by the independent administration review board concerning the continuation of an order for detention pending expulsion shall be pronounced within one week, unless the custody of the alien terminates beforehand.

    (3) If, pursuant to paragraph (3) of article 13 of the General Administrative Procedures Act, the independent administrative review board has instructed the complainant to rectify an irregularity in the complaint within a specific time-limit, the computation of the prescribed period for the pronouncement

    of the ruling, as stated in subparagraph 2 of paragraph (2) above, shall be suspended until the irregularity is rectified or, in the event of failure to do so within the time-limit, until the time-limit expires.

    (4) If the custody is still in progress, the independent administration review board shall nevertheless establish whether, at the time of its ruling, the requirements determining the continuation of the detention order are satisfied. Furthermore, its ruling shall be made within the confines of the points in dispute that have been raised. A complaint on the ground of illegality of an administrative order for detention pending deportation shall be rejected as being inadmissible if prior to his arrest the alien had applied on the same ground to the Higher Administrative Court or to the Constitutional

    Court.

    Official appeals

    Article 74.Appeals against rulings of the independent administration review boards pursuant to article 73 may be instituted, on the ground of illegality, by the Security Directorate of the province whose independent administration review board pronounced the ruling in question; any such appeal may be lodged either for the benefit or to the detriment of the alien concerned.

    Establishment of inadmissibility of cases of deportation to a specific country

    Article 75.

    (1) If so petitioned by an alien, the authority shall declare by administrative decision whether valid reasons exist for assuming that the alien concerned would, in accordance with article 57, paragraph (1) or (2), be in danger in a county named by him. The foregoing shall not apply if, on the question of inadmissibility of his deportation to a specific country, a ruling has been given by an asylum authority or any such authority has declared that protection against persecution exists for the alien in a third country.

    (2) The petition may be filed only during the procedure for the imposition of an expulsion order or residence ban; the alien shall be duly informed thereof.

    (3) In cases where the investigation of the determining facts encounters particular difficulties, the authority may seek the opinion of the Federal Asylum Agency regarding the existence of any danger. Rulings on appeals against administrative decisions whereby the admissibility of a case of deportation

    to a specific country had been established shall be pronounced within one week unless the custody terminates beforehand.

    (4) The alien may not be deported to the country in question until a final ruling has been pronounced in respect of his petition. The declaratory procedure shall be discontinued, as being no longer relevant, upon the deportation of the alien to another country.

    (5) The administrative decision whereby a final ruling has been pronounced on a petition as referred to in paragraph (1) above shall, upon request orex officio, be amended if the determining facts have significantly changed so that the decision relating to the country concerned has to be rendered differently. Until a final ruling has been pronounced in respect of a petition filed by the alien, that alien may be deported to the State concerned only if the petition is clearly to be rejected by reason ofres judicata.

    Part 7

    Austrian documents for aliens

    Section 1

    Alien’s passports and Convention travel documents

    Issue of alien’s passports

    Article 76.

    (1) Alien’s passports may, provided that, having regard to the individual concerned, the granting thereof is appropriate in the interests of the Republic, be issued, upon application, for:

    1. Persons who are stateless or of indeterminate nationality and who do not possess a valid travel document;

    2. Foreign nationals who are entitled to unlimited residence in the federal territory and are not in a position to obtain a valid travel document from their country of origin;

    3. Foreign nationals who are not in a position to obtain a valid travel document from their country of origin and who in all other respects satisfy the requirements for the granting of an unlimited residence authorization;

    4. Foreign nationals who are not in a position to obtain the necessary travel document from their country of origin to allow their emigration from the federal territory;

    5. Foreign nationals who have had their principal residence in the federal territory for an uninterrupted period of at least four years, provided that the competent Federal Minister or the provincial government certifies that the granting of an alien’s passport is in the interests of the Federation or of the province on account of the services which the alien has rendered or is expected to render.

    (2) The form and contents of alien’s passports shall be determined by order of the Federal Minister of the Interior in accordance with the standard international requirements for such travel documents; that order shall conform to the ministerial order applicable pursuant to article 3, paragraph (2), of the 1992 Passport Act, FLG No. 839.

    Alien’s passports for persons under full age

    Article 77.

    (1) Aliens under full age who are at least fourteen years old may apply for an alien’s passport personally. In such cases, the granting of the passport shall require the consent of the legal representative; proof of such consent is to be furnished by the applicant.

    (2) An application for an alien’s passport for a person under full age shall require the authorization of the guardianship court if:

    1. Facts justify the assumption that the well-being of the under-age person would be adversely affected by his residence abroad, or

    2. A person responsible for the care and upbringing of the under-age person objects to the granting of the passport.

    (3) Paragraphs (1) and (2) above shall also apply in the case of extensions of the scope of application of alien’s passports for persons under full age.

    Inclusions on alien’s passports

    Article 78.

    (1) Persons under full age who are less than twelve years old and who do not

    possess their own travel document may, through an application by a parent or a person responsible for their care and upbringing, be included on the latter’s alien’s passport.

    (2) An applicant who is not a parent must furnish proof that he is responsible for the care and upbringing of the under-age person by the submission of an official certification from the guardianship

    court.

    (3) The inclusion shall require the consent of the legal representative of the under-age person if the applicant does not personally have power of representation. Article 77, paragraph (2), shall additionally apply in the case of inclusions.

    (4) Only persons under full age for whom the issue of an alien’s passport would be admissible may be included on such passports.

    (5) An inclusion shall be deletedex officioif:

    1. An included person under full age is issued with his own alien’s passport, or

    2. It is established during the performance of an official act by the passport authority that the person under full age is more than twelve years old.

    Period of validity of alien’s passports

    Article 79.

    (1) Alien’s passports may be issued for a period of five years unless:

    1. A shorter period of validity is applied for;

    2. A shorter period of validity is adequate, having regard to the requirements determining the granting of the alien’s passport.

    (2) The extension of the period of validity of an alien’s passport shall not be admissible.

    Scope of application of alien’s passports

    Article 80.

    (1) Alien’s passports shall be valid for all countries of the world unless a restricted scope of application is requested. The scope of application of an alien’s passport shall, upon application, be extended or reduced; in a case of statelessness, it shall in no circumstances include the State in which the alien had his former place of habitual residence.

    (2) The scope of application of an alien’s passport shall in no circumstances include the State of which the alien is a national.

    Refusal of alien’s passports

    Article 81.

    (1) The granting, extension of the or scope of application, or alteration of an alien’s passport and the inclusion thereon of children shall be refused if certain facts justify the assumption that:

    1. The alien intends to use the document in order to evade prosecution or punishment initiated in Austria by reason of acts punishable by the courts;

    2. The alien intends to use the document in order to contravene customs regulations;

    3. The alien intends to use the document in order to infringe provisions of the Narcotic Drugs Act;

    4. The alien’s residence abroad would constitute a threat to the internal or external security of the Republic of Austria.

    (2) The granting of an alien’s passport shall be refused if the alien without reasonable cause fails to comply with a summons warning of such consequence and requiring that he be photographed and fingerprinted, or fails to cooperate in such formalities.

    Withdrawal of alien’s passports

    Article 82.

    (1) An alien’s passport shall be withdrawn if:

    1. Facts which would have justified a refusal to issue such passport subsequently become known or occur;

    2. The photograph is missing or the bearer’s identity is no longer unmistakably displayed;

    3. An entry made thereon by the authority has become indiscernible;

    4. The passport has been falsified, is no longer complete, or has become unusable through any other cause.

    (2) Alien’s passports which are withdrawn under an enforceable order shall be presented to the authority without delay. They shall not constitute valid travel documents.

    (3) The agents of the public security service shall be empowered to confiscate an alien’s passport presented to them if such passport has been withdrawn under an enforceable order. The passport shall be presented without delay to the authority in whose local operating area the agent intervened. That authority shall forward the passport to the authority which ordered its withdrawal.

    Convention travel documents

    Article 83.

    (1) Convention travel documents shall be issued, upon application, to refugees who are granted asylum in Austria.

    (2) Convention travel documents may further be issued, upon application, to refugees who have been granted asylum in another State, if they do not possess a valid travel document and their entry has taken place without evasion of the border control.

    (3) The authority shall, in exercising the discretionary power granted to it under paragraph (2) above, give due consideration not only to the personal circumstances of the applicant but also to security policing aspects, as well as to any possible harming of the relations between the Republic of Austria and another State.

    (4) Convention travel documents shall be issued in conformity with the specimen appearing in the annex to the Convention relating to the Status of Refugees. They shall consist of 32 pages and no additional pages may be inserted in them.

    (5) With regard to the fixing of the period of validity and scope of application of Convention travel documents and of the duration of the right of return travel under Convention travel documents, the provisions of the schedule to the Convention relating to the Status of Refugees shall apply; in all other respects, articles 77 to 82 shall be applicable.

    Section 2

    Other Austrian identification documents for aliens

    Identity cards with photograph for persons entitled to privileges and immunities

    Article 84.

    In the case of members of categories of person enjoying privileges and immunities in Austria by virtue of an international treaty or under the Federal Law on the Granting of Privileges and Immunities to International Organizations, FLG No. 677/1977, the Federal Minister for Foreign Affairs

    may, by ministerial order, provide for the use, for identification purposes, of identity cards that bear a photograph and display the holder’s identity, nationality and function.

    Alien’s identity cards with photograph

    Article 85.

    (1) Alien’s identity cards with photograph shall be issued, upon application, to aliens who are entitled to reside in the federal territory. The identity card shall serve as a means of identification of the alien and as a certification of his right of residence. Aliens under full age who are at least 14 years old may apply for an identity card personally.

    (2) The specific layout of such alien’s identity cards shall be regulated by the Federal Minister of

    the Interior by ministerial order. The identity card shall in all cases contain the designations "Republic of Austria" and "Alien's Identity Card with Photograph", the name, sex, date and place of birth, nationality, duration of the right of residence, photograph and signature of the alien, and also the title

    of the authority, date of issue, and signature of the authorizing official.

    (3) The period of validity of the identity card shall be determined by the time limitation of the right of residence entered thereon.

    (4) The issueex officioof an alien’s identity card with photograph (article 14, paragraph (5)) shall be withheld if the alien without reasonable cause fails to comply with a summons warning of such consequence and requiring that he be photographed and fingerprinted, or fails to cooperate in such formalities.

    (5) Any alteration to the entries on the identity card that relate to the person of the holder shall be inadmissible.

    (6) The identity card shall be withdrawn if:

    1. The right of residence is terminated prematurely;

    2. The photograph is missing or the holder’s identity is no longer unmistakably displayed;

    3. An entry made thereon by the authority has become indiscernible;

    4. It is no longer complete or has become unusable through any other cause.

    EEA citizen’s identity cards with photograph

    Article 86.

    (1) EEA citizens wishing to settle in the federal territory or to pursue a gainful

    occupation from a domicile in Austria may apply for an EEA citizen’s identity card with photograph. 48

    (2) The specific layout of such EEA citizen’s identity cards shall be regulated by the Federal Minister of the Interior by ministerial order. The identity card shall in all cases contain the designation "Republic of Austria" and "EEA Citizen's Identity Card with Photograph", the name, sex, date and

    place of birth, nationality, duration of the right of residence, photograph and signature of the alien, and also the title of the authority, date of issue, and signature of the authorizing official.

    (3) The identity card shall be issued, upon application, to settled EEA citizens. The period of validity of the identity card shall be limited to five years, but six months in the case of EEA citizens intending to take up gainful employment (article 46, paragraph (2) 3), computed from the time of entry.

    (4) An identity card may be issued to an EEA citizen for an unlimited period if the requirements for the granting of a certificate of settlement (article 24) are satisfied.

    (5) An EEA citizen’s identity card shall be issued in conjunction with a certification as set out in appendix B if the gainful occupation involves a wage-earning or salaried employment relationship.

    Return travel passes for citizens of States members of the European Union

    Article 87.

    (1) Citizens of States members of the European Union may, upon application, be issued with a return travel pass, in conformity with the specimen appearing in appendix C, for one travel to the country of which they are nationals, or to their country of permanent residence, or to a country in which a diplomatic or consular post of the member State of which they are nationals is

    accessible. The period of validity of the return travel pass shall be only slightly longer than the minimum period which the person concerned, to whom the travel pass is issued, requires for his travel.

    (2) A return travel pass may be issued only if:

    1. The travel document of the persons concerned has been lost, stolen or destroyed or is temporarily unavailable and they are resident in the territory of a country in which the member State of which they are nationals does not have an accessible diplomatic or consular post able to issue a travel document, or in which that member State is not otherwise represented;

    2. The consent of the State member of the European Union of which the applicants are nationals has been given.

    (3) In cases where a return travel pass has been issued, the application form, a copy of the travel pass and copies – certified by the diplomatic or consular authority – of documents providing proof of the applicants' identity and nationality shall be forwarded to the member State of which the holder is a

    national.

    Travel documents for purposes of return of third-country nationals

    Article 87a.

    (1) Third-country nationals who do not possess a travel document and against

    whom a deportation order or residence ban is enforceable may be issued with a travel document valid for a single journey.

    (2) The travel document shall conform to the model set out in the recommendation of the Council of the European Union dated 30 November 1994 (Official Journal C 274/18 of 19 September 1996).

    The travel document shall in all cases contain the names, date of birth, height and nationality of the third-country national and country of destination of the journey.

    Part 8

    Procedural and punitive provisions

    Section 1

    Competence and territorial jurisdiction

    Competence

    Article 88.

    (1) Unless otherwise provided for, authority within the meaning of the present federal law shall be the district administrative authority or, in the local operating area of a federal police authority, that police authority.

    (2) Outside Austria, the granting of visas and re-entry permits, the performance of official acts pursuant to Section 1 of Part 7 (with the exception of the first issue of alien’s passports and Convention travel documents), and the issue of return travel passes for nationals of States members of the European Union shall be the responsibility of:

    1. Austrian diplomatic missions and regular consular posts, or

    2. The diplomatic or consular authorities of the contracting State which under the Schengen Implementation Convention is responsible for the granting of visas.

    (3) Within Austria, the granting or declaring invalid of:

    1. Official visas shall be the responsibility of the Federal Minister of the Interior;

    2. Diplomatic visas shall be the responsibility of the Federal Minister for Foreign Affairs. Re-entry permits and air transit visas may not be granted within Austria. Transit, travel and residence visas may be issued within Austria only at those border crossing points to which an authorization pursuant to paragraph (4) below applies.

    (4) The Federal Minister of the Interior may, by ministerial order, empower the authorities to issue visas, at specified border crossing points, for purposes of immediate entry, provided that such measures serve to facilitate travel or are appropriate in the interests of expediency, speed and simplification.

    (4a) The authorities shall be empowered to declare issued visas invalid at border crossing points.

    (5) In international agreements aimed at facilitating travel for aliens in frontier areas of the Republic of Austria (article 3, paragraph (2)), an authority other than the district administrative authorities or federal police authorities may be designated as being responsible for issuing and countersigning documents granted under any such agreement for entry, residence and exit purposes.

    (6) If any of the agreements referred to in paragraph (5) above contains no stipulations concerning competence, the issue and countersigning of documents granted for entry, residence and exit purposes shall be the responsibility of the district administrative authorities or, in the local

    operating area of federal police authorities, those police authorities. However, the Federal Minister of the Interior may, by ministerial order, empower these authorities to issue such documents, at border crossing points, for persons who are nationals of a contracting State if the process of obtaining such

    documents for exit and entry purposes is thereby significantly facilitated for the aliens concerned.

    Competence in relation to settlement permits

    Article 89.

    (1) Decisions relating to settlement permits and certificates of settlement shall be taken by the head of the provincial government. If appropriate in the interests of administrative simplification, expediency or economy, the head of the provincial government may authorize the district administrative authorities, by decree, to render decisions on his behalf in all or specific cases.

    (1a) Decisions relating to settlement permits for key workers (paragraph (1) 1 of article 18; paragraph (1a) of article 18) shall be taken by the head of the provincial government, in accordance with the provisions of articles 12 and 24 of the Aliens Employment Act, without delay and at the latest within six weeks following submission of the application. The obtaining of a written communication from the regional office (article 12, paragraph (4), of the Aliens Employment Act) or of an expert opinion from the provincial office (article 24 of the Aliens Employment Act) of the employment market service shall be dispensed with if an application is to be dismissed pursuant to paragraph (1) of article 10 or to paragraph (2) of article 14 or is to be rejected pursuant to paragraph (2) of article 22. If a negative decision by the regional office of the employment market service concerning the admission of a key worker (article 12, paragraph (5), of the Aliens Employment Act) becomes final and binding,

    the procedure relating to the application for the granting of a settlement permit for the key worker shall be discontinued without formality. If the expert opinion of the provincial office of the employment market service (article 24 of the Aliens Employment Act) is negative, the head of the provincial government shall dismiss the application without further formality. If appropriate in the interests of administrative simplification, expediency or economy, the head of the provincial government may authorize the district administrative authority, by decree, to render decisions on his behalf in all or specific cases.

    (2) Decisions relating to settlement permits and certificates of settlement shall, however, be taken by the district administrative authority or, in the local operating area of a federal police authority, by that police authority if the case relates to a residence authorization:

    1. For a third-country national who has right of settlement pursuant to Part 4;

    2. For a third-country national referred to in subparagraph 1 or 2 of paragraph (2) of article 19;

    3. For spouses or under-age children of a third-country national coming under subparagraph 1 or 2, unless such spouses or children wish to pursue a gainful occupation.

    Special competence

    Article 90.

    (1) The granting of a residence authorization that is subject to the requirements set out in paragraph (4) of article 10 (last sentence of paragraph (2) of article 14; subparagraph 6 of paragraph (2) of article 19) shall require the consent of the Federal Minister of the Interior.

    (2) Hand-over warrants as referred to in paragraph (2) of article 62 shall be issued by the Security Directorate of the federal province into which the alien’s entry is due to take place.

    (3) In cases where applications for the granting of an initial residence authorization are received by Austrian diplomatic or consular authorities abroad, those authorities shall be empowered to take steps to ensure the completeness and sufficiency of such applications and shall – unless they take precedence in accordance with paragraph (3a) or (4) below – forward them to the competent authority. They shall, at the request of the authorities responsible for granting residence authorizations, conduct inquiries pursuant to the General Administrative Procedures Act and arrange for the service of documents abroad; in so doing, the diplomatic or consular authorities shall be bound by the orders of the competent authority.

    (3a) If, in cases involving applications as referred to in paragraph (3) above, any such application is for the granting of an initial residence permit with the intention to settle (subparagraphs 1 to 3 of paragraph (4) of article 7), the diplomatic or consular authority shall be empowered to grant such

    residence authorization if proof is furnished regarding fulfilment of the necessary requirements and no doubts exist concerning the timely existence of the required means of support, the necessary sickness insurance cover and accommodation which is in conformity with local accommodation for

    national residents.

    (4) In cases involving applications as referred to in paragraph (3) above for the granting of a residence permit without any intention to settle, the diplomatic or consular authority shall be empowered to grant a residence permit for a maximum period of validity of six months if no doubts

    exist concerning the fulfilment of all the necessary requirements in respect thereof; in the case of performing artists on short-term engagements, a security attestation or an employment authorization or a contract relating to a corresponding event in Austria shall in all cases be required.

    Territorial jurisdiction within Austria

    Article 91.

    (1) Unless otherwise provided for, territorial jurisdiction shall be determined by the alien’s place of domicile within Austria or, if no such domicile exists, by his place of residence at the time of the first official intervention. Territorial jurisdiction for the granting of initial residence authorizations shall be determined by the intended place of domicile.

    (2) Territorial jurisdiction for visa invalidity declarations, for the issue and revocation of deportation deferment orders, for the revocation of re-entry permits, and for the imposition of orders for detention and deportation shall be determined by the place of residence.

    (3) The lifting of residence bans shall be the responsibility of the authority which issued the residence ban in the first instance.

    (4) Territorial jurisdiction for the conduct of administrative penalty procedures shall be determined in accordance with the Administrative Penalties Act.

    (5) Territorial jurisdiction for the granting of entry authorizations at border crossing points shall be determined by the place of residence; the existence of a domicile within Austria shall not conflict with such jurisdiction.

    (6) If the alien is arrested, pursuant to article 63, while on board a public conveyance in the course of travel, territorial jurisdiction for all measures to be adopted by reason of the arrest shall be determined by the nearest place of disembarkation at which it is possible, in accordance with the carrier’s timetable, to alight from the conveyance.

    Territorial jurisdiction outside Austria

    Article 92.

    Territorial jurisdiction for the performance of official acts pursuant to the present federal law shall, unless otherwise provided for, be determined, outside Austria, by the alien’s place of domicile. Any diplomatic or consular authority may, on the instructions of the Federal Minister for Foreign Affairs, take action.

    Procedures conducted by Austrian diplomatic and consular authorities

    Article 93.

    (1) In procedures conducted by Austrian diplomatic and consular authorities,

    applicants shall, under instructions of the authority, submit personally the relevant documents for the establishment of the material facts and any other evidence; the diplomatic or consular authority shall be required to decide with independent conviction whether or not a fact is to be admitted as proven.

    Any decision that does not take full account of the applicant’s position shall not be rendered until the person concerned has had an opportunity to rectify any irregularities of form and to express his final opinion.

    (2) In cases where a person’s application is submitted or taken down in writing, the decision issued pursuant to paragraph (1) above shall also be given in writing; such written ruling shall set out the decision reached and shall quote the relevant statutory provisions; no further statement of reasons shall be required.

    (3) A written ruling must bear the name of the authority, the date of the decision and the signature of the authorizing official; the seal of the Republic of Austria may be affixed in place of the signature, provided that the identity of the authorizing official is discernible from the document. The written ruling shall be handed over on the premises of the authority or be delivered by post.

    (4) If no decision in the matter is rendered within six months from the filing of the application or if, in the cases referred to in paragraph (2) above, a written ruling is not issued within two months from

    the filing of an application pursuant to paragraph (2) above, responsibility for issuing a decision or written ruling following an application in writing shall devolve upon the Federal Minister of the Interior. Any such application shall be immediately submitted to that Federal Minister, who shall, in rendering

    the decision or written ruling, apply paragraphs (1) to (3) above and paragraph (5) below. The application shall, however, be rejected if the delay is not attributable solely to the fault of the diplomatic or consular authority.

    (5) If an application for an entry or residence authorization cannot be granted on the grounds of compelling foreign-policy considerations or for reasons of national security, the diplomatic or consular authority or, in the cases referred to in paragraph (4) above, the Federal Minister of the Interior shall be empowered simply to give notification of the existence of compelling grounds for a visa refusal. In such cases, the material facts must also be discernible from the document.

    Successive appeal

    Article 94.

    (1) Unless otherwise provided for, rulings on appeals against administrative decisions rendered pursuant to the present federal law shall be given by the security headquarters in the last instance.

    (2) No appeal shall be admissible against a visa refusal or a visa invalidity declaration.

    (3) An appeal against a refusal to grant an initial residence permit shall be admissible only if the appellant claims that he requires the residence authorization for the purpose of continuing existing family life within the meaning of article 8 of the Convention for the Protection of Human Rights and

    Fundamental Freedoms.

    (3a) No appeal shall be admissible against the rejection of an application for the granting of a settlement permit for a key worker pursuant to paragraph (2) of article 22.

    (4) Rulings on appeals against administrative decisions issued in connection with the granting or declaring invalid (paragraph (1b) of article 16) of settlement permits by the head of a provincial government, or by the district administrative authority empowered by him, shall be given by the Federal Minister of the Interior.

    (4a) If a residence authorization is granted, it shall be delivered directly and personally to the alien by the authority. The handing over of the residence authorization by the Austrian diplomatic or consular authority on the instructions of the Austrian authority (article 88, paragraph (1), and article

    89) shall also be deemed to constitute personal delivery. The last sentence of paragraph (3) of article 90 shall apply.

    (5) No appeal shall be admissible against a refusal to grant or the approval or a revocation of an enforcement deferment, an deportation deferment or a re-entry permit, or against a refusal to issue or the withdrawal of an alien’s identity card. No protest or appeal against the imposition of an order for

    detention pending expulsion shall be admissible.

    (6) Rulings on appeals against decisions of an Austrian diplomatic or consular authority pursuant to Part 7 shall be given by the Federal Minister of the Interior. That Minister shall also be the superior

    authority with competence to hear such cases.

    (7) Rulings on appeals against decisions pursuant to Article 103, paragraph (3), shall be rendered by the independent administration review board responsible for the district in which the alien has entered.

    Section 2

    Special provisions relating to under-age persons

    Article 95.

    (1) Aliens under full age who are at least 16 years old shall be competent to act in procedures pursuant to Parts 3, 4 and 6. For the purpose of oral hearings, they may engage a legal representative or a person enjoying their confidence who is uninvolved in the case. The foregoing shall be without prejudice to measures of a non-procedural nature.

    (2) The legal representative of any such alien shall have the right:

    1. To examine the case records, even against the wishes of the under-age person, and to submit requests for the admission of evidence in that person’s favour, and

    2. To lodge appeals, submit complaints and file applications for the reinstatement or reopening of proceedings, within the time-limit available to either party.

    (3) Aliens under full age who are less than 16 years old and whose interests cannot be defended by their legal representative may in their own name engage in procedural acts to their benefit only.

    Upon the initiation of any such procedure, the legal representative shall be the youth welfare agency in the capital of the federal province in which the under-age person is resident. If that same authority would consequently be responsible both for the immigration procedure and for representing the

    under-age person, the nearest youth welfare agency other than the aforesaid youth welfare agency shall be his legal representative.

    (4) The communication of the content of rulings to the legal representative as referred to in paragraph (3) above, in a form laid down by regulations pursuant to article 18, paragraph (3), of the General Administrative Procedures Act, shall be admissible if the addressee has granted overall

    consent thereto; in giving such consent, the addressee shall state precisely the periods within which the communications may be effected.

    (5) The determination of an alien’s age shall be the responsibility of the authority in the course of the investigative proceedings; in so doing, the authority shall consult all appropriate and legally admissible evidence with a view to clarifying the facts. In particular, the services of an official medical

    officer may be engaged for the purpose of clarifying such facts. At the request of the alien, an X-ray of his carpal bones shall be taken at his expense. The actual probative force of this method shall be explained to the alien; failure by the alien to request an X-ray of his carpal bones shall not imply a

    refusal by the alien to cooperate in the clarification of the facts and shall not affect the evaluation of the evidence. Should an alien claim not to have reached a certain age and thus still to be under age, the competent youth welfare office shall – except in cases of obvious inaccuracy – be contacted

    without delay and heard. Refusal by the alien to cooperate in the clarification of the facts shall be taken into account by the authority in the course of evaluation of the evidence.

    Section 3

    Use of personal data

    Use of photographic and fingerprint data

    Article 96.

    (1) The authority shall be empowered to photograph and fingerprint aliens:

    1. If they are in detention pending deportation, or

    1a.If they have been unlawfully resident in the federal territory following their entry, are discovered during such residence and are already fourteen years old, or

    2. If a residence ban or a deportation order has been imposed on them, or

    3. If it is suspected that a residence ban which is still in force has been imposed on them under other names, or

    4. If an alien’s passport or an alien’s identity card is to be issued to them and their identity has not been established, or

    5. If a visa or a residence authorization is to be granted to them and it is suspected that a contracting State has communicated facts justifying their rejection at the border under another name.

    (2) Every authority shall process photographic and fingerprint data acquired by it, together with the reason that determined the storage of such material, until such time as the data are to be deleted. Furthermore, for the purpose of supraregional information compilation, the Federal Minister of the Interior may, by ministerial order, empower immigration and asylum authorities to process by type certain photographic and fingerprint data acquired in accordance with paragraph (1) above, together with the reason that determined the storage of such material.

    (3) The authorities shall transmit photographic and fingerprint data to authorities:

    1. Which have been entrusted by ministerial order with processing operations pursuant to paragraph (2) above, or

    2. Which keep up-to-date records of various data of the same type on the same alien.

    (4) Photographic and fingerprint data shall be deletedex officio:

    1. If the person concerned reaches 80 years of age, or

    2. If the death of the person concerned becomes known and five years have elapsed since the time of death, or

    2a.If, in the cases referred to in subparagraphs 1 to 1a of paragraph (1) above, neither a residence ban nor a deportation order is imposed and two years have elapsed since the photographing and fingerprinting procedures were carried out, or

    3. If neither a residence ban nor an expulsion order is finally imposed, or if the duration of the residence ban has terminated, or

    4. If five years have elapsed since the expulsion order, or

    5. If a suspicion as referred to in subparagraph 3 or 5 of paragraph (1) above is not corroborated, or

    6. If an application as referred to in subparagraph 4 of paragraph (1) above is withdrawn prior to the issue of the alien’s passport, or if the period of validity of the alien’s passport last issued to the alien expired at least ten years previously, or

    7. If an application as referred to in subparagraph 5 of paragraph (1) above is withdrawn prior to the granting of the entry or residence authorization, or

    8. If the photographing and fingerprinting procedures were carried out with the consent of the person concerned (article 65, paragraph (1), of the Security Policing Act) and no further grounds exist for any security measure.

    (5) Article 64, article 65, paragraphs (4) to (6), and article 73, paragraphs (4) and (7), of the Security Policing Act shall apply. In the cases referred to in subparagraphs 1, 1a and 4 of paragraph (1) above, measures for the establishment of personal identity may be carried out.

    Photographing and fingerprinting procedures

    Article 97.

    The Authority which is to have an alien photographed and fingerprinted shall issue a notice to that effect without formality to the alien, informing him of the determining reason. If the person concerned fails to comply with the notice without delay in the case referred to in subparagraph 1a of paragraph (1) of article 96, the agents of the public security service shall be empowered to bring the person before the authority in order to be photographed and fingerprinted; his custody shall be admissible for as long as is required to complete the photographing and fingerprinting procedures, subject to article 78 of the Security Policing Act. If the person concerned fails to comply with the notice, an obligation to cooperate shall, except in the cases referred to in

    subparagraphs 4 and 5 of paragraph (1) of article 96, be imposed on him by administrative order, unless he is held in detention; no appeal shall be admissible against such measure. The administrative order may be issued in conjunction with a summons (article 19 of the General Administrative Procedures Act) requiring him to be photographed and fingerprinted. Article 78 of the Security Policing Act shall apply.

    General provisions relating to the use of personal data

    Article 98.

    (1) The authorities may use personal data only if required in the performance of the duties assigned to them.

    (2) In procedures to be conducted by them under the present federal law, the authorities shall be empowered to establish computerized data-processing facilities. By means of such facilities, they shall be entitled to process personal data acquired on the person concerned. Personal data on third parties may be processed only if there is no provision for the selectability of such data from the total quantity of stored information. The procedural data shall be deleted as soon as they are no longer needed and not later than five years from when the judgement becomes final.

    Central information gathering; acquisition, processing and transmission

    Article 99.

    (1) The immigration authorities may acquire particulars of an alien’s name, sex, former name(s), date and place of birth, address, nationality, parents' names and details of any aliases (set of basic data) and process such data within a central information gathering system, together with any existing criminal investigation data and photographic or fingerprint data, as well as

    any personal data on the alien that are or may be determining factors in connection with his right of entry or residence or with the admissibility of his detention pending expulsion (set of personal data). Personal data on third parties may be processed only if, in criminal investigation interrogation

    operations, there is no provision for the selectability of such data from the total quantity of stored information.

    (2) The immigration authorities shall be empowered to use personal data stored by them in the central information gathering system. The transmission of data processed in accordance with paragraph (1) above to security authorities and to public prosecution authorities for their criminal justice operations, to Austrian diplomatic or consular authorities abroad in matters of security administration, and to security, asylum and immigration control authorities (article 89, paragraph (1), and article 94, paragraph (4)) shall be admissible. In all other respects, the transmission of data shall be admissible only if express statutory authorization exists to that effect.

    (3) In information as referred to in article 11 of the Data Protection Act, FLG No. 565/1978, which is requested from the data-processing system in accordance with paragraph (1) above, the immigration authorities shall also name any other authority which in accordance with paragraph (1) above processes on the applicant, in the central information gathering system, data to which access is not prohibited. Such obligation may be waived if the fact is known to the applicant.

    Central information gathering; barring of access and deletion of data

    Article 100.

    (1) Access to personal data processed in accordance with article 99 shall be barred to the aliens police authorities, as the instructing party, as soon as the requirements for the storage of such data are no longer satisfied or the data are otherwise no longer needed. Furthermore, the data shall be physically deleted upon the expiry of a period of two years thereafter. During that time, the bar on access may be lifted for purposes of verification of the accuracy of any other data intended for storage in accordance with paragraph (1) of article 99.

    (2) The authorities shall be obliged, as the instructing party, to inspect sets of personal data to which access is not barred and which have remained unaltered for six years and are not subject to a time limitation, in order to ascertain whether the requirements referred to in paragraph (1) above for

    the barring of access have not already been satisfied. Access to such sets of data shall, in accordance with paragraph (1) above, be barred upon the expiry of a period of three months thereafter, unless the instructing party confirms beforehand that the reason which determined the storage of such data still exists.

    Special communications

    Article 101.

    (1) An immigration authority which has granted or refused an initial settlement

    permit shall be obliged to communicate to the authority in whose jurisdiction the alien is domiciled the set of basic data on that alien, together, if appropriate, with the essential particulars of the permit.

    (2) The Federal Minister of the Interior shall be obliged to notify the provincial governments, as authorities responsible for nationality matters, of any residence bans that have ceased to be in force. He shall in such cases communicate to those governments, by reason of the bar on access pursuant to paragraph (1) of article 100, the set of basic data on an alien and the details of the residence ban.

    International data exchange

    Article 102.

    (1)In so far as the Federal Government is empowered under article 66, paragraph (2), of the Federal Constitution to conclude intergovernmental agreements, it may conclude international agreements concerning the communication, to certain recipients, of:

    1. Data processed in accordance with article 99 on aliens who are not nationals of the contracting States, or

    2. Data referred to in paragraph (2) below on persons on whom a final residence ban has been imposed pursuant to subparagraph 5 of paragraph (2) of article 36 or who have been convicted by a final judgement in accordance with article 104 or 105. In such agreements it shall be stipulated that a reciprocal arrangement will be granted and that any deletion of

    data in one contracting State shall within six months give rise to deletion of the data transmitted to the other contracting State.

    (2) In the case of communications pursuant to subparagraph 2 of paragraph (1) above, the following particulars shall be transmitted in addition to the details of the residence ban, sentence or judgement: name, sex, former name(s), date and place of birth, address, nationality, parents' names

    and any existing photographic and fingerprint material.

    (3) Personal data communicated from outside Austria on aliens by virtue of an agreement concluded pursuant to paragraph (1) above may be processed in the central information gathering system.

    Section 4

    Costs

    Article 103.

    (1) Costs incurred by the authority or the Federal Government in connection with the enforcement of a residence ban, expulsion order or forcible return measure and costs relating to the execution of an order for detention pending expulsion, including expenses relating to the use of more

    lenient measures, shall be reimbursed by the alien.

    (2) Any person who employs an alien in contravention of article 3, paragraph (1), of the Aliens Employment Act shall bear the costs arising from the enforcement of an expulsion order imposed for

    the reason stated in subparagraph 5 of paragraph (2) of article 33 or of a residence ban imposed for the reason stated in subparagraph 8 of paragraph (2) of article 36, as well as the costs of any detention pending deportation and interpreter’s costs.

    (3) If the border control authority cannot readily establish an alien’s identity or if the alien is not in possession of the documents required for entry purposes and the carrier which conveyed the alien to Austria fails to comply promptly with its obligation to communicate particulars in accordance with articles 53 and 54, the authority shall in such cases order the carrier to effect a reimbursement of expenses at a flat rate of 3,000 Euro. There shall be no reimbursement of expenses if the carrier arranges at its own expense for the alien’s immediate exit. The amount of an effected reimbursement of expenses shall be paid back to the carrier, should the respective alien be granted asylum upon lodging an application after his entry.

    (4) The costs shall be collected by the authority which performed the official act and be credited to the local administration responsible for meeting the expenditure of that authority or of the intervening agents of the public security service. Article 79 of the General Administrative Procedures Act shall applymutatis mutandis. Costs of executing an order for detention pending deportation, including expenditures for the application of more lenient measures, shall, unless these costs can be recovered in accordance with paragraph (1) or (2) above, be borne by the local administration which meets the expenditure of the authority which issued the administrative decision relating to such detention. Other costs referred to in paragraph (1) above that are not recoverable shall be borne by the Federal Government.

    Section 5

    Penal provisions

    Alien smuggling

    Article 104.

    (1) Any person who facilitates the illegal entry of an alien into a Member State of the European Union or into a country bordering Austria with the intention of thereby obtaining a not merely insignificant pecuniary advantage for himself or for another (alien smuggling) shall be sentenced by the court to a term of imprisonment of up to one year or to payment of a fine of up to

    360 times the average daily wage.

    (2) Any person who engages in alien smuggling and has already within the last five years been convicted of any such offence by a court of law shall be liable to a term of imprisonment of up to two years; a sentence imposed by a foreign court in proceedings conforming to the principles set out in

    article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms shall also be regarded as a conviction.

    (3) Any person who engages in alien smuggling on a commercial basis (article 70 of the Penal Code) or as a member of a criminal group shall be liable to a term of imprisonment of up to five years.

    (4) A person who commits the offence in such a way that the alien is subjected to conditions of great suffering throughout a lengthy period, in particular during transportation, shall be liable to a term

    of imprisonment of between six months and five years or, if the offence results in the death of the alien, to a term of imprisonment of between one and ten years.

    (5) A person who acts as the leader of an association of a fairly large number of persons formed for the purpose of repeatedly engaging in alien smuggling shall be liable to a term of imprisonment of between one and ten years.

    (6) Aliens whose illegal entry is facilitated by the commission of the offence shall not be liable to prosecution as accomplices (article 12 of the Penal Code). Their compulsory return or expulsion may be delayed if and for as long as is necessary in order that they may be questioned regarding the facts of the case; the foregoing shall be without prejudice to article 69.

    (7) The agents of the public security service shall, in the event of impending danger, be empowered to take provisionally into custody any property carried by the perpetrator or conveyances or containers used for the commission of the offence, as a guarantee of surrender of proceeds (article

    20 of the Penal Code), forfeiture (article 20b of the Penal Code) or confiscation (article 26 of the Penal Code). The cargo on board of the conveyance may be handed over to the registered keeper or his authorized representative. Notification of the measures taken shall be given without delay to the court.

    (8) The conduct of proceedings relating to an offence as defined in paragraph (1) above shall be the responsibility of the courts of first instance.

    Exploitation of an alien

    Article 105.

    (1). Any person who, by taking advantage of the particular dependence of an alien who is unlawfully resident in the federal territory, does not possess an employment authorization or is otherwise in a relationship of particular dependence, exploits that alien in order to procure a regular income for himself or for another shall be sentenced by the court to a term of imprisonment of up to two years.

    (2) Any person who through the offence places an alien in a situation of distress or exploits a fairly large number of persons shall be liable to a term of imprisonment of up to five years.

    (3) If the offence results in the death of an alien, the perpetrator shall be liable to a term of imprisonment of between one and ten years."

    Arranging of fictitious marriages

    Article 106.

    (1) Any person who on a commercial basis (article 70 of the Penal Code) arranges or procures marriages between aliens, or between Austrian nationals and aliens, although he knows or should have known that the persons concerned will invoke their marital status as grounds for the granting of a residence authorization but do not intend to lead a joint family life, within the meaning of article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, shall be sentenced by the court to a term of imprisonment of up to one year or to payment of a fine of up to

    360 times the average daily wage.

    (2) Aliens and Austrian nationals whose marriage is arranged or procured shall not be liable to prosecution as accomplices (article 12 of the Penal Code).

    Arranging of adoptions of aliens enjoying full legal capacity

    Article 106a.

    (1) Any person who on a commercial basis (article 70 of the Penal Code) arranges or procures adoptions between aliens enjoying full legal capacity, or between Austrian nationals and aliens enjoying full legal capacity, although he knows or should have known that the persons concerned will invoke such adoption as grounds for the granting of a residence authorization but do

    not intend to pursue a relationship conforming to that between natural parents and children, shall be sentenced by the court to a term of imprisonment of up to one year or to payment of a fine of up to 360 times the average daily wage.

    (2) Aliens and Austrian nationals between whom an adoption is arranged or procured shall not be liable to punishment as accomplices (article 12 of the Penal Code).

    Unauthorized residence

    Article 107.

    (1) Any person who:

    1. Fails to depart promptly following the imposition of a residence ban or deportation order, or

    2. Without permission returns to the federal territory in contravention of a residence ban, or

    3. Resides in the federal territory as an alien who is subject to the passport requirement but does not possess a valid travel document, or

    4. Unlawfully resides in the federal territory (article 31) shall be guilty of an administrative infraction and be liable to payment of a fine of up to 726 Euro or to a term of imprisonment of up to 14 days in the cases referred to in subparagraphs 1 and 2 above, and to a fine of up to 726 Euro in all other cases. The place of discovery or last known residence shall be deemed to be the place of commission of the offence; in the case of discovery on board a

    public conveyance, the nearest place of disembarkation at which it is possible, in accordance with the carrier’s timetable, to alight from the public conveyance shall be deemed to be the place of commission of the offence.

    (2) There shall be no administrative infraction under subparagraph 1 of paragraph (1) above if departure was possible only to a country to which deportation is inadmissible (article 57 and article 75, paragraph (4)) or if an deportation deferment has been granted to the alien.

    (3) A punishment imposed pursuant to subparagraph 3 of paragraph (1) above shall preclude further punishment for the administrative infraction simultaneously committed under subparagraph 4 of paragraph (1) above.

    (4) There shall be no administrative infraction under subparagraph 4 of paragraph (1) above for as long as the alien is deprived of his personal liberty.

    Aiding and abetting unauthorized residence for reward

    Article 107a.

    (1) Any person who wilfully procures or otherwise facilitates the unauthorized residence of an alien in the federal territory in return for a pecuniary advantage shall be guilty of an administrative infraction and be liable to payment of a fine of up to 3 600 Euro.

    (2) An attempt to commit an infraction under paragraph (1) above shall be punishable.

    (3) Aliens whose unauthorized residence in the federal territory is wilfully procured or otherwise facilitated by the perpetrator in return for a pecuniary advantage shall not be liable to prosecution for aiding or abetting the commission of an infraction under paragraph (1) above.

    (4) Any pecuniary advantage obtained by the perpetrator by reason of the punishable act, either before or after its commission, shall be declared forfeited.

    Other infractions

    Article 108.

    (1) Any person who:

    1. Fails to comply with conditions imposed on him by the authority:

    (a) Upon the granting of an enforcement deferment or an deportation deferment, or (b) Upon the issue of a re-entry permit, or

    2. Does not carry his travel document on his person or keep it in accordance with paragraph

    (2) of article 32, or

    3. Notwithstanding notice served by an agent of the public security service:

    (a) Fails to hand over to that agent a document establishing his right of residence, or

    (b) Fails to travel in the company of that agent to the place where the document is kept, or

    4. Fails to notify the authority without undue delay of any change in the purpose of residence during the period of validity of the residence authorization or fails to demonstrate the admissibility of such change in accordance with the laws relating thereto shall be guilty of an administrative infraction and be liable to payment of a fine of up to 218 Euro.

    (1a) Any person who is required to comply with an integration agreement and fails to furnish proof thereof three years following the issue of the initial settlement permit or additional settlement permit (paragraph (1) of article 50a) for reasons that fall solely within his sphere of influence shall be guilty of an administrative infraction and be liable to payment of a fine of up to . 200 unless he has been granted an extension of time pursuant to paragraph (2) of article 50c.

    (1b) Any person who is required to comply with an integration agreement and two years following the issue of the initial settlement permit or additional settlement permit (paragraph (1) of article 50a) has not begun to comply with the integration agreement for reasons that fall solely within his sphere of influence shall be guilty of an administrative infraction and be liable to payment of a fine of up to 100 unless he has been granted an extension of time pursuant to paragraph (2) of article 50c.

    (2) Any person who fails to allow agents of the public security service to enter places of employment or business in accordance with paragraph (5) of article 71 shall be guilty of an administrative infraction and be liable to payment of a fine of up to 3 600 Euro.

    Subsidiarity

    Article 109.

    There shall be no administrative infraction if an offence pursuant to articles 107 to 108 constitutes a punishable act that comes within the sphere of competence of the courts of law.

    Special provisions relating to monitoring of compliance

    Article 110.

    (1) For purposes of monitoring compliance with the provisions of the present federal law, the Federal Minister of the Interior and the Chief Security Superintendent may employ agents of the public security service who are delegated or assigned to them. In extraordinary circumstances, the Chief Security Superintendent may for such purposes also engage agents of the federalgendarmeriewho are directly under his command. Furthermore, all such agents shall be empowered to take steps for the initiation of administrative penalty procedures pursuant to this Section and to exercise powers of command and constraint pursuant to article 63 provided that the reason for their intervention arises in the discharge of their other duties. If, in taking such steps, the agents act within the area of jurisdiction of a district administrative authority or federal police authority, their intervention shall be as agents of such authorities.

    (2) Members of local police forces may, with the consent of the municipal administration, be empowered by the authority to perform immigration law enforcement services for it. Such authorization shall be withdrawn if the requirements for the granting thereof are no longer satisfied or if there is reason to assume that the local police force will not discharge the tasks entrusted to it.

    (3) The agents of the public security service may arrest an alien whom they discover in the act of committing an administrative infraction under article 107 or article 108, paragraph (1) 3 (b), in order to bring him before the authority, as an essential procedural security measure, unless on the basis of

    certain facts it may be assumed that the alien will leave the federal territory without delay.

    (4) Agents of the public security service who, in the exercise of powers of command and constraint conferred upon them under article 32 or article 60, cross the boundaries of the area of administration of their own authority shall, in the performance of such official act, be deemed to be agents of the authority which has competence and territorial jurisdiction.

    (5) Penalties imposed for infractions under article 107a shall be processed, together with the necessary personal data, in the updated administrative penalty records of the security headquarters (article 60 of the Security Policing Act). Article 60, paragraphs (2) and (3), of the Security Policing Act

    shall apply.

    Part 9

    Final provisions

    Period of validity

    Grammatical equivalence

    Article 110a.

    Where references made in the present federal law to natural persons appear only in the masculine form, they shall apply equally to females and to males. In cases where the reference applies to a particular natural person, the specific form of the gender shall be employed.

    Article 111.

    (1) In so far as the present federal law serves to apply the Schengen

    Implementation Convention, it shall enter into force upon the entry into force of the Accession Agreement. Paragraph (1) of article 34, paragraph (8) of article 113, the final sentence of paragraph

    (1) of article 114 and paragraph (6) of article 114 shall enter into force on 15 July 1997. The other provisions of the present federal law shall enter into force on 1 January 1998.

    (2) Ministerial orders and intergovernmental agreements pursuant to the present federal law may be issued or concluded as from the day following the date of its promulgation; however, they may be put into effect at the earliest upon the entry into force of the present law. Ministerial orders pursuant to

    article 12 of the Residence Act, FLG No. 466/1992, shall be regarded, during their period of validity, as administrative orders pursuant to article 29.

    (3) The Aliens Act, FLG No. 838/1992, and the Residence Act shall cease to be in force at midnight on 31 December 1997. In so far as the present federal law has previously entered into force, any conflicting provisions of the Aliens Act or Residence Act shall at that time cease to be in force.

    (4) Articles 12, paragraph (2), and 90, paragraphs (4) and (5), as amended by federal law FLG I No. 86/1998, shall enter intro force on 1 August 1998.

    (5) Article 73, paragraph (3), as amended by federal law FLG I No. 158/1998, shall enter into force on 1 January 1999.

    (6) Articles 9, paragraph (1), 10, paragraph (1) 3, 12, paragraph (2), 14, paragraph (2), 18, paragraph (3) 1, 23, paragraph (6), 28, paragraph (2), 29, paragraph (3), 67, paragraph (2), 76, paragraph (2), 77, paragraph (3), 78, paragraph (3), 79, paragraphs (1) and (2), 81, paragraph (1), 104, 105, 107a, 109, 110 and 117, as amended by federal law FLG I No. 34/2000, shall enter into force on 1 July 2000. Article 18, paragraph (3) 2, as amended by law FLG I No. 34/2000, shall enter into force on 1 January 2001. Regulations pursuant to this provision may be issued as from the day following its promulgation. Article 79, paragraphs (3) and (4), shall cease to be in force at midnight on 30 June 2000.

    (7) Articles 4, paragraph (4), 21, paragraph (3), 36, paragraph (2) 5, 51, 51a and 90, paragraph 4, as amended by federal law FLG I No. 134/2000, shall enter into force on 1 January 2001.

    (8) Articles 103, paragraph (3), 107, paragraph (1), 107a, paragraph (1), and 108, paragraphs (1) and (2), as amended by federal law FLG I No. 98/2001, shall enter into force on 1 January 2002.

    (9) Articles 25, paragraph (1) and (2), 53, paragraphs (3) and (4), 90, 94, paragraph (7), and 103, paragraphs (3) and (4), as amended by federal law FLG I No. 142/2001, shall enter into force on 1 January 2002.

    (10) Articles 33, paragraphs (2) 5 and (4), 36, paragraphs (2) 8 and (4), as amended by federal law FLG I No. 69/2002, shall enter into force on 1 July 2002.

    (11) Articles 1, paragraph (12), 3, paragraph (1), 3, paragraph (3), 7, paragraph (1), 7, paragraph (4) 1, 8, paragraphs (2), (4a), (6) and (7), 9, 10, paragraph (1) 3 and 4, 10, paragraph (2) 1, 12, paragraphs (1a) and (2) to (3), 14, paragraphs (2) to (4a), 16, paragraphs (1a) and (1b), 18, paragraphs (1), (1a), (3), (6) and (9), 19, paragraph (2) 4, 4a and 6, 20, paragraphs (1)

    and (2), 21, paragraphs (1a), (3) and (4), 22, 23, paragraphs (2), (4), (6a) and (7), 24, 28, paragraph (1), 32, paragraph (3), 34, paragraphs (2a) and (2b), 34a, 36, paragraph (2) 2 and 10, 37, 47, paragraph (2), 48, paragraphs (1) and (2), 48a, 49, paragraph (2), 50, paragraph (1), 50a, 50b, 50c, 52, paragraph (2) 2, 55, paragraph (1) 1a, 57, paragraph (1), 60, paragraph (1a), 63, paragraph (1) 2, 66, paragraph (5), 71, paragraph (1), 80, paragraph (2), 86, paragraph (4), 87a, 88, paragraphs (4) and (4a), 89, paragraphs (1), (1a) and (2), 90, paragraphs (1) and (3) to (4), 91, paragraph (6), 92, 94, paragraphs (3a) to (5), 95, paragraph (5), 96, paragraph (1) 1a and 2, 96, paragraph (4) 2a, 96, paragraph (5), 97, 103, paragraph (2), 105, 106a, 107, paragraph (1) 4, 108, paragraphs (1a) and (1b), 110, paragraph (1), 110a, 112, 113 and 117, as amended by federal law

    FLG I No. 126/2002, shall enter into force on 1 January 2003. Article 50d, as amended by federal law FLG I No. 126/2002, shall enter into force on 1 September 2002.

    Transitional provisions relating to procedures for the granting of

    residence permits and settlement permits

    Article 112.

    Procedures for the granting of an initial residence permit or additional residence permit and procedures for the granting of an initial settlement permit or additional settlement permit which are pending at the time of entry into force of the present federal law or become pending under article 113 or 114 shall be continued in accordance with the provisions hereof as procedures for the granting of an initial residence permit or additional residence permit or as procedures for the granting of an initial settlement permit or additional settlement permit, according to the purpose of the

    residence. Procedures for the granting of an unlimited settlement permit shall be continued as procedures for the granting of a certificate of settlement.

    Transitional provisions relating to documents, visas,

    residence authorizations and settlement permits

    Article 113.

    (1) Alien’s passports and Convention travel documents issued prior to the entry into force of the present federal law shall remain valid up to the time stipulated in the travel document.

    (2) Identity cards for persons entitled to privileges and immunities, alien’s identity cards and EEA citizen’s identity cards issued prior to the entry into force of the present federal law shall be deemed to have been issued on the basis hereof.

    (3) Visas granted prior to the entry into force of the present federal law shall remain valid up to the time stipulated; rights of residence granted by administrative decision shall continue to be regarded, during their period of validity, as residence permits issued by administrative decision. If ordinary visas or rights of residence have been granted by administrative decision for an unlimited period, they shall, upon application, be replaced by a certificate of settlement (article 24) under the present federal law. Aliens who as frontier workers have been issued with an ordinary visa shall, upon application, be granted an additional residence permit for commuters, outside the quota system, if their gainful employment in Austria is not pursued in a political district directly bordering a neighbouring State and provided that the facts otherwise remain unchanged. Aliens who have been issued with a residence permit as border commuters prior to the entry into force of the present federal law shall, if the other requirements are satisfied, be granted, upon application, an additional residence permit for the same purpose of residence if they have a place of domicile in a neighbouring State whose nationality they do not possess.

    (4) Residence authorizations granted to aliens who from 1 January 1998 require a residence permit shall be regarded, up to the end of their period of validity, as initial or additional residence permits, as applicable.

    (4a) Aliens’ residence authorizations granted prior to the entry into force of the present federal law shall remain valid up to the time stipulated. Unlimited visas, residence authorizations or settlement permits shall remain valid. They shall, if the other requirements are satisfied, be replaced, upon application, by a certificate of settlement (article 24). Residence permits for border commuters issued prior to the entry into force of the present federal law shall remain valid up to the time stipulated irrespective of the nationality of the alien.

    (5) Residence authorizations issued up to 31 December 1997 shall be regarded as initial or additional settlement permits, as applicable. If the residence authorization was granted for the purpose of pursuing a gainful occupation in a non-self-employed capacity, the additional settlement permits shall be granted for any purpose of residence. If the residence authorization was granted for another purpose, the additional settlement permits shall be granted for any purpose of residence other than taking up a gainful occupation in a non-self-employed capacity. A settlement permit for any purpose of residence may be granted to such aliens from 1 January 2002 on only, unless the aliens had previously spent in Austria a qualifying period of eight years from the time of their entry. After that date, a settlement permit shall, upon application, be granted to them for any purpose of residence; the

    oregoing shall apply even if, prior to expiry of the qualifying period, an employment authorization was issued to them or they possess a work permit or certificate of exemption. If a residence authorization

    has been granted for the purpose of joining the household of a family member or private residence on the strength of a formal undertaking, an additional settlement permit may be granted to the alien in the future for as long as the undertaking given by the person having his principal residence in the federal

    territory continues to exist, provided that the other requirements are satisfied.

    (6) Final administrative decisions whereby the extension of a residence authorization (article 6 of the Residence Act) has been refused or the forfeiture of a residence authorization (article 8 of the Residence Act) has been ordered shall cease to be valid upon the entry into force of the present

    federal law if the person concerned has contested such decisions before the Constitutional Court or the Administrative Court and it has not yet rendered a decision. In such cases, the complaint shall be declared no longer relevant and the proceedings shall be discontinued without any prior hearing of the complainant. Upon the pronouncement of the decision concerning non-relevance of the decisions[sic], the decision of the authority of first resort shall also cease to be valid.

    (7) Final administrative decisions whereby permanently settled aliens have been refused a residence authorization which had been applied for because the aliens either had failed to observe the time-limit for submitting an application for an extension or, notwithstanding their lawful establishment, had not previously required any residence authorization shall also be regarded as decisions pursuant to paragraph (6) above, which shall cease to be valid subject to the requirements stipulated therein.

    (8) Administrative decisions whereby the extension of a residence authorization is refused or the forfeiture of a residence authorization is ordered may no longer be issued after 15 July 1997. In such

    cases, article 12, paragraph (3), and article 15 shall apply until 1 January 1998 in respect of the extension of residence authorizations.

    (9) With regard to the granting of initial settlement permits, particular consideration shall be given to aliens who were lawfully resident for many years mainly in Austria prior to 1 July 1993 on the strength of regular visas.

    (10) When issuing the settlement regulations for the years 1998 to 2000, the Federal Government may in addition stipulate a number of settlement permits which can additionally be granted to unmarried under-age children of third-country nationals, for family reunification purposes, if such third-country nationals were permanently settled in Austria prior to 1 January 1998, the

    children are at least 14 years old and it is established that their family reunification had hitherto not taken place solely because a permit required under the regulations referred to in article 2 of the Residence Act was not furnished. Article 21 shall additionally apply to the reunification of such juveniles with their families.

    Transitional provisions relating to orders

    for detention pending deportation, residence bans and expulsions

    Article 114.

    (1) Procedures for the imposition of a residence ban or expulsion order that are pending at the time of entry into force of the present federal law shall be continued in accordance with the provisions hereof. If upon the continuation of those procedures or upon the initiation of any such procedure following the entry into force of the present federal law, it proves impossible to effect termination of a right of residence (articles 35, 37 and 38) in cases where such termination is applicable because the person concerned has been refused an extension of or has forfeited his residence authorization, the authority (article 89) shall annul the administrative decision of refusal and shall issue an additional residence authorization. Upon the entry into force of this provision, articles 35 and 37 shall apply in respect of cases of expulsion pursuant to paragraph (1) of article 34.

    (2) Orders for detention pending deportation issued under the 1992 Aliens Act shall with effect from 1 January 1998 be deemed to have been imposed under the present federal law. An alien’s detention that commenced prior to midnight on 31 December 1997 and continued thereafter without interruption may be maintained for a period which in all is not longer than that admissible under the present federal law.

    (3) Residence bans whose duration has not terminated at the time of entry into force of the present federal law shall be deemed to be residence bans issued hereunder for the same duration. Such residence bans shall be lifted, either upon application or – if, for other reasons the authority has

    occasion to deal with the matter –ex officio,if it would not have been possible for such bans to be imposed under the provisions of the present federal law.

    (4) Residence bans which have been contested before the Administrative Court or Constitutional Court shall cease to be valid upon the entry into force of the present federal law if no basis for the contested decision can clearly be found in the provisions hereof.

    (5) Expulsion orders pursuant to article 17, paragraph (1), of the Aliens Act, FLG No. 838/1992, which have been contested before the Constitutional Court or Administrative Court shall cease to be valid upon the entry into force of the present federal law if suspensory effect was granted in respect of the complaint and the expulsion order is based on an administrative decision whereby the extension of a residence authorization (article 6 of the Residence Act) was refused or the forfeiture of a residence authorization (article 8 of the Residence Act) was ordered.

    (6) Expulsion orders pursuant to paragraph (1) of article 17 which are based on an administrative decision whereby the extension of a residence authorization (article 6 of the Residence Act) was refused or the forfeiture of a residence authorization (article 8 of the Residence Act) was ordered may not be imposed after 15 July 1997.

    (7) In the cases referred to in paragraphs (4) and (5) above, the complaint shall be declared no longer relevant and the proceedings shall be discontinued without any prior hearing of the complainant; upon the pronouncement of the decision concerning non-relevance of the complaint, the decision of the authority of first resort in these cases shall also cease to be valid. Such residence bans or expulsion orders shall not have any detrimental effect on decisions to be rendered after the entry into force of the present federal law.

    (8) Administrative decisions whereby the enforcement of a residence ban has been deferred under the 1992 Aliens Act shall remain valid up to the time stipulated.

    General provisions relating to proceedings at the highest level of jurisdiction

    Article 115.

    (1) Paragraph (6) of article 113 and paragraphs (4) and (5) of article 114 shall apply to complaints which are pending at the time of entry into force of the present federal law and are not to be rejected pursuant to article 34 (1) of the Higher Administrative Court Act (VwGG) or to article 19 (3) 2 (a), (b), (d) or (e) of the Constitutional Court Act (VfGG). The parties to such proceedings at the highest level of jurisdiction shall personally bear the costs incurred by them.

    (2) The Higher Administrative Court may render decisions concerning the non-relevance of complaints:

    1. After 1 April 1998 at the earliest in respect of cases pending since 1995;

    2. After 1 July 1998 at the earliest in respect of cases pending since the first half of 1996;

    3. After 1 January 1999 at the earliest in respect of cases pending since the second half of

    1996;

    4. After 1 July 1999 at the earliest in respect of cases pending since the first half of 1997; the foregoing shall not, however, apply if the authority of first resort informs the Higher Administrative Court that important public interests call for the immediate termination of the right of residence of the aliens concerned or that a residence authorization may now be granted to the aliens. The time-limit referred to in article 73 of the General Administrative Procedures Act shall in such cases be computed from the time of receipt of the decision by the authority.

    References

    Article 116.

    (1) If reference is made in the present federal law to provisions of other federal laws, those provisions shall be applicable in their current wording.

    (2) If in other federal laws reference is made to the provisions of the 1992 Aliens Act, to the Residence Act or to any provisions contained in the 1969 Passport Act that relate to aliens, the corresponding provisions of the present federal law shall apply in place thereof.

    Execution

    Article 117.

    Responsibility for the execution of paragraphs (1) and (2) of article 3, paragraph (4) of article 4, paragraphs (1) and (3) to (8) of article 18, paragraphs (1) and (2) of article 29, article 59

    and paragraph (1) of article 102 shall be entrusted to the Federal Government; for the execution of paragraph (3) of article 3, paragraph (2) of article 26, and paragraph (3) of article 28 to the Federal Minister of the Interior in agreement with the Federal Minister for Foreign Affairs; for the execution of

    paragraph (6) of article 6, paragraph (7) of article 14, paragraph (1) of article 32, paragraphs (1) and (2) of article 51 and paragraph (3) of article 88 to the competent Federal Minister; for the execution of paragraph (1) of article 9 to the Federal Minister of Labour, Health and Social Affairs; for the execution of articles 84 and 92 to the Federal Minister for Foreign Affairs; for the execution of articles 104 to 106a to the Federal Minister of Justice, for the execution of paragraph (7) of article 8 to the Federal Minister for Social Security and Generations, in agreement with the Federal Minister of the Interior, and for the execution of all other provisions to the Federal Minister of the Interior.

    Appendix A

    Not available

    Appendix B

    This residence permit is issued pursuant to Council Regulation (EEC) No. 1612/68 of15 October 1968 and to the measures adopted for the implementation of Directive 68/360/EEC.The holder of this residence permit shall have the right of access to occupations involving a wage-earning or salaried employment relationship and the right to pursue such occupations in Austrian territory on the same conditions as Austrian employees.

    Appendix C

    Not available

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