[excerpt]

Federal law 82: Asylum Law Amendment Act 2001

Federal law amending the 1997 Asylum Act (Asylum Law Amendment Act 2001)

The National Council has ruled as follows:

The 1997 Asylum Act,Federal Law Gazette(FLG) I No. 76, last amended by federal laws FLG I No. 4/1999, FLG I No. 41/1999 and FLG I No. 196/1999, is hereby amended as follows:

1. The following provisions shall replace the provisions of article 4, paragraphs (2) to (3d):

“(2) Protection in a safe third country shall exist for aliens if a procedure for the granting of refugee status in accordance with the Geneva Convention relating to the Status of Refugees is available in a country where they are not exposed to danger as specified in article 57, paragraph (1) or (2), of the Aliens Act (FrG), or is guaranteed via other countries (asylum procedure), and they are entitled to reside in that country during such procedure and if they have protection there against deportation to their country of origin, including via other countries, provided that they are exposed in their country of origin to danger as specified in article 57, paragraph (1) or (2), of the Aliens Act. The foregoing shall, in cases involving the same protection from rejection at the border, forcible return or deportation, apply to countries which have already rendered a decision in a procedure for the granting of refugee status in accordance with the Geneva Convention relating to the Status of Refugees.

(3) The requirements set out in paragraph (2) above shall generally be met in a country if that country has ratified the Geneva Convention relating to the Status of Refugees and established by law an asylum procedure incorporating the principles of the aforesaid Convention, and has also ratified the Convention for the Protection of Human Rights and Fundamental Freedoms, FLG No. 210/1958, and Protocol No. 11 to the Convention for the Protection of Human Rights and Fundamental Freedoms, restructuring the control machinery established thereby, plus Appendix, FLG III No. 30/1998. Absence of safety in a third country may not be opposed on the basis of circumstances reflected in an existing act adopted by the Council of the European Union.”

2 -

2. The last sentence of article 19, paragraph (3), shall be deleted.

3. The following sentences shall be added to article 19, paragraph (4):

“Agents of the public security service shall be empowered to remove these certifications. Such certifications shall be submitted without delay to the Federal Asylum Agency through the immigration authority of first resort in whose local operating area the agent intervened.”

4. Article 25, paragraph (1), shall read as follows:

“(1) Aliens of full age shall be competent to act in procedures pursuant to the present federal law. Austrian law shall be authoritative with respect to the attainment of full age for the purposes of the present federal law, irrespective of the nationality of the alien (article 21 of the Civil Code).”

5. In article 42, the following paragraph (4) shall be added after paragraph (3):

“(4) Article 4, paragraphs (2) and (3), article 19, paragraphs (3) and (4), and article 25, paragraph (1), as amended by federal law FLG I No. 82/2001, shall enter into force on 1 August 2001.”