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FEDERAL LAW CONCERNING THE GRANTING OF ASYLUM

(2005 ASYLUM ACT – ASYLGESETZ 2005)

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Special protection residence permits

Article 57. (1) A special protection residence permit shall be granted ex officio or upon a well-founded application to third-country nationals resident in the federal territory:

  1. if the third-country national has been granted temporary leave to remain in the federal territory for at least one year pursuant to article 46a, paragraph (1), subparagraph 1 or 3 of the Aliens’ Police Act and the conditions required therefor continue to exist, unless the third-country national constitutes a danger to the general public or to the security of the Republic of Austria or has been convicted of a crime (article 17 of the Penal Code) by final judgment of an Austrian court. A conviction by a foreign court which satisfies the requirements set out in article 73 of the Penal Code shall be deemed equivalent to a conviction by an Austrian court;
  2. in particular to witnesses or victims of human trafficking or the cross-border prostitution trade, for the purpose of guaranteeing the prosecution of acts punishable by the courts or with a view to the submission and enforcement of civil-law claims in connection with such punishable acts, or
  3. if a third-country national not lawfully resident or not settled in the federal territory has been the victim of violence, an interim injunction as referred to in article 382b or 382e of the Enforcement and Distraint Statute (EO), Reich Law Gazette (RGBl.) No. 79/1896, has been issued or could have been issued and the third-country national demonstrates that the granting of a special protection residence permit is necessary for the purpose of protection against further violence.

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