On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Federal Government of the Republic of Austria on the Readmission and Transit of Persons with Illegal Residence

Home / International аgreements / On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Federal Government of the Republic of Austria on the Readmission and Transit of Persons with Illegal Residence

On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Federal Government of the Republic of Austria on the Readmission and Transit of Persons with Illegal Residence

The Law of the Republic of Kazakhstan dated March 18, 2026 No. 271-VIII SAM.

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Federal Government of the Republic of Austria on the Readmission and Transit of Persons with Illegal Residence, concluded in Astana on February 28, 2025.

President of the Republic of Kazakhstan

K. TOKAEV

Unofficial translation

Agreement between the Government of the Republic of Kazakhstan and the Federal Government of the Republic of Austria on the Readmission and Transit of persons with illegal stay

The Government of the Republic of Kazakhstan and the Federal Government of the Republic of Austria, hereinafter referred to as the "Parties",

IN ORDER TO INCREASE the effectiveness of measures to combat illegal migration by strengthening cooperation;

AWARE OF the significant increase in the smuggling of migrants by organized crime;

STRIVING, on the basis of this Agreement and the principle of reciprocity, to create prompt and effective procedures for the identification, safe and orderly return of persons who do not meet or cease to meet the applicable conditions for entry or stay in the territory of the States of the Republic of Kazakhstan or the Republic of Austria, as well as to facilitate the transit of persons in a spirit of cooperation;

REFERRING to article 238 of the Enhanced Partnership and Cooperation Agreement between the Republic of Kazakhstan, on the one hand, and the European Union and its Member States, on the other hand,

CONSIDERING that the Parties should make every effort to return third-country nationals and stateless persons who have illegally entered their territories to their States of nationality or last place of residence;

RECOGNIZING the need to respect human rights and freedoms and emphasizing that this Agreement is without prejudice to the rights and obligations of the Parties arising from international law, in particular, the Convention relating to the Status of Refugees of July 28, 1951, the International Covenant on Civil and Political Rights of December 16, 1966 and international treaties on extradition, the United Nations Convention on Human Rights, The United Nations Convention against Transnational Organized Crime and its Additional Protocols of November 15, 2000, namely the Protocol on the Prevention and Suppression of Trafficking in Persons, especially women and children, and the punishment for it, and the Protocol against the Smuggling of Migrants by Land, Sea and Air, as well as the Convention on International Civil Aviation of December 7, 1944.,

have agreed on the following:

Article 1

Definitions

For the purposes of this Agreement, the following definitions are used:

1. Citizen is a person who has the citizenship of one of the States of the Parties.

2. A citizen of a third country is a person who has a nationality other than that of the Republic of Kazakhstan or a member state of the European Union.

3. A stateless person is a person who is not a citizen of the Republic of Kazakhstan and the Republic of Austria, who does not have proof of his citizenship of another state.

4. A person with an illegal stay is a person who does not meet or ceases to meet the current conditions for entry, stay or residence in the territory of the State of one of the parties.

5. Requesting Party - The Party that submits a request for readmission or transit on the basis of this Agreement.

6. The requested Party is the Party to which a request for readmission or transit is sent on the basis of this Agreement.

7. Transit or transit operation is the transportation of a citizen of a third country or a stateless person through the territory of the Requested Party's State en route from the territory of the Requesting Party's State to the destination State.

8. Permanent residence permit - a permit granting a person the right to permanent residence in the territory of the States of the Parties.

9. Visa is a permit issued by the competent authority of the State of the Party granting the right to enter or transit through the territory of its state, with the exception of a transit visa issued at the airport.

10. Readmission is the return, in accordance with the provisions of this Agreement, by the competent authority of the Requesting Party and the acceptance by the competent authority of the Requested Party of citizens of the State of the Requested Party, third-country nationals or stateless persons who have illegally entered, are staying or reside in the territory of the Requesting Party.

11. Competent authority - the State body of the Party entrusted with the implementation of this Agreement in accordance with Article 1 of Annex 1 to this Agreement.

Article 2

Readmission of own citizens

1. The Requested Party, at the request of the Requesting Party, without any other formalities other than those provided for in this Agreement, accepts all persons who do not meet or cease to meet the applicable conditions for entry, stay or residence in the territory of the Requesting Party, if it has been proven that this person is a national of the Requested Party's State, by any document listed in Annex 3 to this Agreement, or may be reasonably accepted on the basis of the prima facie evidence provided, listed in Annex 4 to this Agreement.

2. Simultaneously with the readmission of the persons referred to in paragraph 1 of this Article, the Requesting Party shall carry out the readmission:

(a) Minors, unmarried children under the age of 18, persons referred to in paragraph 1 of this article, regardless of their place of birth or nationality, except in cases where they have the right to live independently in the territory of the Requesting State;

b) the spouses of the persons referred to in paragraph 1 of this Article who have a different nationality, provided that they have or receive the right to enter and stay in the territory of the State of the Requested Party, except in cases where they have the right to reside independently in the territory of the State of the Requesting Party.

Article 3

Readmission of third-country nationals and stateless persons

1. The Parties proceed from the principle that a citizen of a third State is usually subject to readmission to the State of which he holds citizenship.

2. In addition, the Parties proceed from the principle that a stateless person must be returned to the State in which he has been permanently residing recently, or which issued a travel document for him.

3. The Requested Party, at the request of the Requesting Party, without any formalities other than those provided for in this Agreement, shall receive in the territory of its State all persons of a third State or stateless persons who do not fulfill or cease to fulfill the conditions of entry, stay or residence in the territory of the Requesting Party, provided that it has been proven or can reasonably be accepted based on the prima facie evidence presented, that these individuals:

(a) Have, at the time of submitting the readmission request, a valid visa or a valid residence permit of the Requested Party; or

b) illegally and directly entered the territory of the Requesting Party's State after their stay or transit through its territory to the territory of the Requested Party's State.

4. The readmission obligation in accordance with paragraph 2 of this article must be confirmed by any of the documents listed in Annex 5 to this Agreement, or reasonably accepted on the basis of prima facie evidence provided on the basis of any of the documents listed in Annex 6 to this Agreement.

5. The obligation to readmit in accordance with paragraph 2 of this article ceases if:

- a citizen of a third country or a stateless citizen traveled only in transit through the international airport of the Requested Party; or

- The requesting Party has issued a visa or temporary residence permit to a citizen of a third country or a stateless person before or after entering the territory of its State, except in cases where:

- the person holds a visa or a longer-term temporary residence permit from the Requested Party; or

- the visa or temporary residence permit was obtained by means of forged or forged documents, or by false testimony, and the said person was in the territory of the Requested Party's State or moved through its territory; or

- the person did not fulfill or no longer fulfills the conditions related to the visa, and lived in the territory of the Requested Party or moved through its territory.

6. This article also applies to persons who, upon entry into, stay in, or reside in the territory of the State of the Requesting Party, have been deprived of or renounced the nationality of the State of the Requested Party and have not acquired the nationality of the State of the Requesting Party or a third country.

Article 4

Request for readmission

A request for readmission based on Articles 2 or 3 of this Agreement must be submitted in writing to the competent authority of the Requested Party. A readmission request is not required if the person concerned has a valid travel document, and if they are third-country nationals or stateless persons, a valid visa or temporary residence permit from the Requested Party.

1. Each readmission request should contain the following information, as far as possible:

a) information about the person to be readmitted (first name, last name, date of birth, gender, and, if possible, place of birth and last place of residence), detailed information about his minor, unmarried children, and (or) spouses, if applicable;

b) biometric data, such as a photograph and fingerprints of the person to be readmitted;

c) in the case of alleged nationals of the State of the Requested Party, an indication of the means by which evidence or prima facie evidence of nationality will be provided, as specified in annexes 3 and 4 to this Agreement, respectively.;

d) in the case of third-country nationals and stateless persons, an indication of the means by which evidence or prima facie evidence of the conditions for the readmission of third-country nationals and stateless persons provided for in annexes 5 and 6 to this Agreement, respectively, will be provided.

e) an indication of any special needs of the person to be readmitted, which must be provided upon arrival by the Requested Party, if applicable;

f) if applicable, other instructions on protective measures, safety measures or information related to the health of a person that may be necessary in individual cases during readmission.

2. The requesting Party shall send a readmission request to the Requested Party by means of means of communication, including electronic means of communication.

Article 5

Readmission procedure

1. Readmission in accordance with articles 2, 3 and 4 of this Agreement is carried out if the nationality of the person subject to readmission has been definitively established.

2. Nationality is considered established without the need for further investigation if one of the documents listed in Annex 3 to this Agreement is provided. Proof of citizenship cannot be provided through forged documents.

3. Proof of nationality may be provided, in particular, by means of the documents listed in Annex 4 to this Agreement. If such documents are submitted, the Parties consider the nationality to be established, unless they prove otherwise.

4. If none of the documents listed in Annexes 3 or 4 to this Agreement can be provided, the readmission request must contain a request for an interview with the relevant person at the diplomatic or consular mission of the Requested Party to establish his or her nationality.

- Such an interview should take place as soon as possible, but no later than within five (5) calendar days from the date of submitting the readmission request at the premises of the diplomatic mission or consular institution of the Requested Party.

- With the consent of the competent authorities of the Parties in another suitable location or using video and audio technologies.

- In case of unavoidable or actual rejection of the readmission request due to insufficient evidence to identify the person in question, an additional interview is organized at the request of either Party to facilitate identification.

5. The requested Party must immediately, but not later than within three (3) days from the date of the interview, inform the Requesting Party in writing of the results of the interview.

6. The request for readmission must be answered in writing as soon as possible, but no later than 10 (ten) calendar days from the date of receipt of the request for readmission by the competent authority of the Requested Party. Responses to readmission requests should be sent using secure electronic means of communication.

- If there are legal or factual obstacles to a timely response to a readmission request, the deadline is extended at the request of the Requested Party, but not more than one (1) month.

- If the Requested Party does not provide a response within these time limits, the readmission request is considered accepted.

- If the readmission request is rejected, it must be justified in writing.

7. Upon receiving a positive response to the readmission request from the Requested Party, regardless of the wish of the person to be readmitted, the Requested Party shall immediately and free of charge, within no more than three (3) calendar days, issue a travel document required for the return of the said person, valid for at least 6 (six) months.

- If, for legal or factual reasons, it is impossible to transfer the person concerned during the validity period of the issued travel document, the Requested Party shall issue a new travel document in accordance with the procedure provided for in this paragraph, with the same validity period as indicated in the previously issued travel document.

- If the Requested Party does not issue the original or new travel document within three (3) calendar days, the Requested Party is considered to have accepted the travel document issued by the Requesting Party for readmission. If the requesting Party is the Republic of Austria, this travel document is a standard travel document of the European Union for the purposes of expulsion.

8. Before the readmission of a person, the competent authorities of the Requesting Party must notify in writing (Annex 2 to this Agreement) the competent authorities of the Requested Party of the date of transfer, border control point, possible escort and methods of transportation (in accordance with Article 3 of Annex 1 to this Agreement) no later than two (2) calendar days in advance. Any changes to the notification data must be notified without delay.

9. Without prejudice to paragraph 1 of this Article, if a person has been detained after illegally crossing the State border, arriving directly from the territory of the Requested Party's State, the Requesting Party may file a readmission request within two (2) calendar days from the date of the person's detention.

Article 6

Vehicles and transportation conditions

Transportation can be carried out by any means and mode of transport, including air and land. For the transfer of a person subject to readmission, as a rule, an air mode of transport is used. Both regular and charter flights can be used for these purposes. When transporting such a person, the choice is not limited to using national airlines.

Article 7

Erroneous readmission

The Requesting Party shall take back the person accepted by the Requested Party if, within two (2) weeks after the transfer of this person, it is established that the requirements contained in Articles 2 and 3 of this Agreement have not been met. In such cases, Article 5 of this Agreement shall be applied with appropriate amendments and all available information on the person's identity and nationality or transit route, including all original documents related to the person, shall be provided.

Article 8

Transit

1. Upon the request of the Requesting Party, the Requested Party shall permit the transit of third-country nationals and stateless persons if the continuation of the trip to any transit States and acceptance by the destination State are ensured.

2. The Parties shall seek to limit the transit of third-country nationals and stateless persons to cases where such persons cannot be returned directly to the destination State.

3. The requested Party must refuse transit if:

- The requested Party may establish that a third-country national or a stateless person in the destination State or another transit State is at risk of torture or inhuman or degrading treatment, or punishment, or the death penalty, or persecution because of his race, religion, nationality, membership of a particular social group or political beliefs; or

- if, in the State of the Requested Party, the State of destination or in another transit State, a citizen of a third State or a stateless person may be subjected to criminal prosecution or punishment;

- for reasons of public health, internal security, public order or other national interests of the Requested Party.

4. The requested Party may revoke the issued transit consent if the circumstances referred to in paragraph 3 of this Article subsequently arise or become known that impede transit, or if the continuation of travel to possible transit States or acceptance by the destination State is no longer assured. In this case, the Requesting Party accepts back a citizen of a third country or a stateless person, if necessary.

Article 9

Transit procedure

1. A transit request must be sent in writing to the competent authority of the Requested Party no later than 10 (ten) calendar days prior to the scheduled transit and contain the following information:

- transit route, transit States, if any, and destination State;

- information about the person in question (first name, last name, date of birth and, if possible, place of birth, nationality, type and number of travel document);

- about the proposed border control point, the time of transfer of the transit person and the possible use of escorts;

- a statement according to which, from the point of view of the Requesting Party, in accordance with paragraph 2 of Article 8 of this Agreement, the conditions are fulfilled and there are no known grounds for refusal in accordance with paragraph 3 of Article 8 of this Agreement.

2. The transit request must be drawn up on the basis of the general transit request form contained in Annex 8 to this Agreement, which can be sent by all available secure means of communication, including electronic means.

3. The Requested Party shall immediately, but no later than five (5) calendar days after receiving the request, inform the Requesting Party in writing about the transit, confirming border control points and the planned transit time, or inform the Requesting Party about the refusal of transit and the reasons for such refusal. If the Requested Party does not provide a response within five (5) calendar days, the consent is considered granted. A response to a transit request can be sent by any means of communication, including electronic means.

4. The person subject to readmission and possible accompanying persons are exempt from the obligation to obtain a transit visa for the airport transit area.

Article 10

Assistance in readmission or transit

1. The competent authorities of the Requested Party shall, by mutual agreement, assist in readmission or transit to the territory of the Requested Party by monitoring the person concerned and providing appropriate funds for this purpose.

2. Accompanying persons perform their duties without weapons and in civilian clothes, and must not take any actions of the sovereign authority in the territory of the Requesting State. The powers of accompanying persons are limited only to self-defense and emergency assistance.

Article 11

Expenses

1. In accordance with this Agreement, all transportation costs associated with readmission to the State Border of the territory of the Requested Party's State are covered by the Requesting Party. The requesting Party shall also bear the costs associated with the return of persons, the return trip, in accordance with Article 7 of this Agreement.

2. All transit costs are covered by the Requesting Party.

Article 12

Personal data protection

1. The Parties may carry out the mutual exchange of personal data to the extent necessary for the readmission of the relevant person to the territory of the State of one of the Parties by the competent authorities and in each specific case. The mutual transfer of personal data between the Parties, as well as the further processing of this data, is carried out in compliance with the relevant national legislation, as well as the conditions established by the Party transmitting the data, and is governed by the following principles, which apply equally to automated and non-automated data processing:

a) personal data must be processed lawfully, in good faith and in a manner that is understandable to the person subject to readmission. Personal data may be processed only for specific, clear and legitimate purposes of this Agreement. There should be a reasonable relationship between the nature of the requested data and the purpose for which it is requested, and the data should be limited to the extent necessary to achieve the purpose of its processing. In any case, only the following personal data may be transferred:

- personal data of the person subject to readmission (surname, first name, if necessary, former name, nickname or pseudonym, date and place of birth, gender, present and previous citizenship);

- information regarding an identity card, passport, driver's license (number, validity period, date of issue, issuing authority, place of issue) or other documents in accordance with Annexes 3-6 to this Agreement;

- places of residence and travel routes, if necessary to recognize the existence of conditions for acceptance in accordance with this Agreement;

- in cases where the person to be readmitted cannot be identified by any of the above-mentioned methods, other information necessary to identify the person to be readmitted or to verify the terms of the readmission in accordance with this Agreement.

b) the transferred personal data may be processed only for the purpose for which it was transferred, except in cases where the transferring Party has expressly granted the authority to process the data for some other purpose.

c) personal data must be accurate and, if necessary, up-to-date; all reasonable measures must be taken to change, destroy or block personal data. Personal data should be stored in such a way that the identification of the relevant person can only be carried out for as long as the purposes of processing require it.

2. Personal data must be processed and stored in such a way that appropriate technical and organizational measures ensure the proper security of personal data, including protection against unauthorized or illegal processing, as well as against unintentional loss, unintentional destruction or unintentional damage.

3. The Parties are required to document each transfer or receipt of personal data. This documentation includes the purpose, content, and time of transmission or receipt, as well as the transmitting and receiving authority. The same applies to data destruction. Documentation should be protected by appropriate safeguards against misuse and other forms of abuse and kept for three (3) years. After this period, it must be destroyed immediately. The documentation can only be used to monitor compliance with relevant data protection legislation.

4. Any interested person has the right, upon presentation of an identity card and upon request, to be informed in a publicly accessible form, without undue delay and free of charge by the competent authority responsible for processing, about the personal data transferred or processed in accordance with this Agreement, their origin, any recipients or categories of recipients, intended use and legal status. the base. In addition, each interested party has the right to correct inaccurate data and delete illegally processed data.

Any person has the right to appeal to the court in case of violation of the rights guaranteed to him by the national legislation of his Party.

5. Further transfer of personal data transferred in accordance with this Agreement to other authorities is carried out only with the prior written consent of the transferring Party. Consent is given only if and to the extent permitted by the national legislation of the transferring Party. The personal data received is confidential.

6. The transferred personal data must be deleted as soon as it ceases to serve the purpose of the transfer or the reason for the transfer ceases to exist. The transmitting Party must be notified of the deletion of personal data.

7. Upon request, the receiving Party must notify the transmitting Party of the processing of the transmitted data and the results obtained.

Article 13

Protocol on the execution of the Agreement

1. The Parties shall conclude a Protocol on the Implementation of the provisions of this Agreement (Annex 1 to this Agreement), which includes all necessary practical provisions for the implementation of this Agreement, among other things:

1) identification of the competent authorities of the States of the Parties;

2) identification of border control points;

3) the conditions and procedure according to which the readmission or transfer of persons with a possible escort should be carried out.

2. The Protocol on the implementation of this Agreement (Appendix 1 to this Agreement) is concluded simultaneously with this Agreement and is an integral part of it.

Article 14

Language

Correspondence between the Parties and their competent authorities, in particular for the submission of requests and applications, documents and records, is carried out in English.

Article 15

Dispute resolution

Disputes concerning the interpretation, execution or application of the provisions of this Agreement shall be resolved through consultations or negotiations between the Parties.

Article 16

Relationship with other international obligations

This Agreement does not affect the rights and obligations of the Parties arising from other international treaties to which their States are parties, international legal obligations or membership in supranational and international organizations.

Article 17

Changes and additions

All annexes to this Agreement are an integral part of this Agreement.

Amendments and additions may be made to this Agreement and its annexes by mutual agreement of the Parties.

Article 18

Entry into force, duration and termination

1. This Agreement shall be concluded for an indefinite period and shall enter into force on the first day of the second month following the date of receipt through diplomatic channels of the last written notification by the Parties of the completion of the necessary internal procedures for the entry into force of this Agreement.

2. Each of the Parties may temporarily, completely or partially suspend the operation of this Agreement, with the exception of Article 2 of this Agreement, in order to ensure national security, public order or public health, or other national interests, by written notification through diplomatic channels. In this case, this Agreement shall be suspended from the second day following the date of such notification. The Parties, by mutual agreement, notify each other through diplomatic channels of the renewal of this Agreement.

3. Each Party may terminate this Agreement by notifying the other Party in writing through diplomatic channels. In this case, this Agreement shall terminate upon the expiration of six (6) months after the receipt of such notification by the other Party.

Done in Astana on February 28, 2025, in two copies, each in the Kazakh, German and English languages, all texts being equally authentic.

In case of disagreement in the interpretation of the provisions of this Agreement, the Parties shall use the English text.

Download

For the Government of the Republic of Kazakhstan:

For the Government of the Austrian Republic:

APPENDIX 1 to the Agreement between the Government of the Republic of Kazakhstan and the Federal Government of the Republic of Austria on the Readmission and Transit of Persons with Illegal Residence

Protocol on the implementation of the Agreement (article 13)

Article 1

Competent authorities and means of communication

1. Competent authorities for the implementation of this Agreement, including for direct interaction:

for the Government of the Republic of Kazakhstan:

Ministry of Internal Affairs of the Republic of Kazakhstan

for the Government of the Republic of Austria:

Federal Office for Immigration and Asylum Affairs of the Federal Ministry of the Interior of the Republic of Austria.

2. The competent authorities shall inform each other of their contact details no later than 30 (thirty) days from the date of entry into force of this Agreement.

3. The Parties shall inform each other through diplomatic channels about changes in their competent authorities or their names or functions.

Article 2

Border control points

1. The following border control points are used to implement the Readmission Agreement by air:

for the Republic of Kazakhstan:

- Astana International Airport;

- Almaty International Airport.

For the Republic of Austria:

- Vienna International Airport.

2. By mutual agreement of the competent authorities of the Parties, the readmission or transit of persons may be carried out through other points of entry open to international traffic.

Article 3

Transfer conditions and modes of transport

1. In accordance with paragraph 3 of Article 5 of this Agreement, the Requesting Party notifies in writing the competent authorities of the Requested Party and provides the following information:

- type of transport (air or land);

- date of transfer;

- exact transfer time;

- transfer location (border control point);

- the health status of the person to be transferred;

- information on whether the readmission is being carried out with possible support, including information in accordance with Article 5 of this annex.

2. The notification in accordance with Annex 2 to this Agreement shall be transmitted to the Requested Party by any means of communication, including electronic, no later than 3 (three) business days before the day of readmission.

3. In the event of an extension of the deadline due to circumstances preventing the transfer, the Parties shall immediately notify each other of the removal of such obstacles, indicating the intended place of transfer and the date of transfer of the person to be readmitted.

Article 4

Request for transit

1. A transit request shall be made by sending a form in accordance with Annex 8 to this Agreement in accordance with the conditions set out in Article 9 of this Agreement. The requested Party shall immediately confirm receipt of the transit request by any means of communication, including electronic means of communication. When sending a request by fax or e-mail, the dispatch report is considered a confirmation of receipt of the transit request.

2. The requesting Party must notify the competent authorities of the Requested Party in writing, using secure communication channels, including electronic means such as fax, e-mail, of changes regarding the date of transfer and/or the intended place of transfer, no later than 1 (one) day before the scheduled transit.

Article 5

Conditions of accompanied readmission and transit

1. If the readmission or transit is accompanied, the Requesting Party must provide the following information regarding the accompanying persons: first and last names, number, date of issue and validity of their passports; flight number; date and time of arrival and departure.

2. Accompanying persons of the Requesting Party must be able to present their identification documents during readmission or transit, as well as their competence and the nature of their tasks regarding readmission or transit.

APPENDIX 2 to the Agreement between the Government of the Republic of Kazakhstan and the Federal Government of the Republic of Austria on the Readmission and Transit of Persons with Illegal Residence

Notification (according to Article 3.2 of Annex 1)

………………………………………………………………………………………………… ………………………………………………………………………………………………… ………………………………………………………………………………………………… ………………………………………………………………………………………………… …………………………………………………………………………………………………

(Name of the requesting authority) (place and date)

Document number: ……………………………………………………………………………

Note:

(Name of the requesting authority)

INFORMATION ABOUT THE TRANSFER in accordance with paragraph 3 of Article 5 of the Agreement between the Government of the Republic of Kazakhstan and the Federal Government of the Republic of Austria on the Readmission and Transit of Persons with Illegal Residence

Information about the person and readmission

Full name (underline surnames):

…………………………………………………………………………………………………

1. Date of birth:

…………………………………………………………………………………………………

2. Readmission method (by air or by land):

…………………………………………………………………………………………………

3. Date:

…………………………………………………………………………………………………

4. Accurate time:

…………………………………………………………………………………………………

5. Place of transfer (border control point):

…………………………………………………………………………………………………

6. Health status:

…………………………………………………………………………………………………

7. Accompanied by readmission:

yes

no, if yes, information about accompanying persons:

…………………………………………………………………………………………………

8. Security measures to be taken at the destination:

…………………………………………………………………………………………………

(Signature of the requesting authority) (seal/stamp)

APPENDIX 3 to the Agreement between the Government of the Republic of Kazakhstan and the Federal Government of the Republic of Austria on the Readmission and Transit of Persons with Illegal Residence

List of documents confirming the nationality of the States of the Parties in accordance with paragraph 1 of Article 2 and paragraph 2 of Article 3 of this Agreement:

For the Republic of Kazakhstan:

1. Internal passport of the Republic of Kazakhstan;

2. The diplomatic passport of the Republic of Kazakhstan;

3. Official passport of the Republic of Kazakhstan;

4. Identity card of the Republic of Kazakhstan;

5. Military ticket;

6. The identity card of the seafarer of the Republic of Kazakhstan;

7. Certificate of return;

8. Birth certificate of the child (if there is an entry in the passport of one of the parents);

For the Republic of Austria:

1. Austrian passport of any type (internal passport, diplomatic passport, service passport, collective passports and emergency passports);

2. Travel document issued by Austria; identity cards (including temporary identity cards);

3. Military tickets;

4. Certificates of citizenship or other official documents that mention or clearly indicate citizenship.

ANNEX 4 to the Agreement between the Government of the Republic of Kazakhstan and the Federal Government of the Republic of Austria on the Readmission and Transit of Persons with Illegal Residence

A general list of documents, the presentation of which is considered prima facie proof of belonging to the nationality of the States of the Parties in accordance with paragraph 1 of Article 2 and paragraph 2 of Article 3 of this Agreement:

- copies of the documents listed in Appendix 3;

- documents listed in Appendix 3, which expired more than six (6) months ago;

- military tickets or copies thereof;

- driver's license or copies thereof;

-birth certificates or copies thereof;

- any other documents or examination reports or copies thereof that may be useful for determining the nationality of the person in question;

- personal data and statements of the relevant person;

- fingerprints and other biometric data;

- the language spoken by the person in question, including the results of any official verification;

- reliable witness statements;

- the result of the hearing of the person in question by the Requested Party, which should be conducted upon request.

ANNEX 5 to the Agreement between the Government of the Republic of Kazakhstan and the Federal Government of the Republic of Austria on the Readmission and Transit of Persons with Illegal Residence

A general list of documents confirming the readmission requirements for third-country nationals and stateless persons in accordance with paragraph 3 of Article 3 of this Agreement:

- An entry/exit stamp and similar marks in the travel document of the relevant person, as well as other (e.g. photographic) evidence of entry/exit;

- Valid documents, for example, a visa, permanent residence permit, issued by the Requested Party for legal stay in the territory of the Requested Party's State;

- Travel documents of the Requested Party issued to a person who does not have the nationality of the Requested Party;

- Documents, certificates and invoices of any kind (for example, hotel bills, doctor/dentist appointment vouchers, entrance tickets to public/private institutions, car rental agreements or credit card receipts) that clearly indicate that the person was in the territory of the Requested Party;

- Tickets and/or passenger lists with a name, for example, for air travel, train, bus or ship trips, indicating the presence and route of the relevant person in the territory of the Requested Party's State;

- Data indicating that the person in question contacted a courier service or travel agency;

- Official statements from border guards or other witnesses who may testify to the crossing of the State Border by the person in question.;

- Official statements of the relevant person in judicial or administrative proceedings;

Identity verification as a result of a search in the visa information system1.

2 Regulation (EC) No. 767/2008 on the Visa Information System (VIS) and data exchange between Member States on short-term visas (VIS Regulation) OJ No. L 218, 08/13/2008, p. 60, as last amended by Regulation (EC) 2226/2017, OJ No. L 327, 12/9/2017, p. 20.

ANNEX 6 to the Agreement between the Government of the Republic of Kazakhstan and the Federal Government of the Republic of Austria on the Readmission and Transit of Persons with Illegal Residence

A general list of documents that are considered prima facie evidence for the readmission of third-country nationals and stateless persons in accordance with paragraph 4 of Article 3 of this Agreement:

- Reliable witness statements;

- Copies of the documents specified in Appendix 5;

- Statements made by the Requesting Party about the place and circumstances in which or under which the person in question was detained after entering the territory of the Requesting Party's State;

- Other documents or information by mutual agreement of the Parties;

- Statements of the person in question;

- Information about the identity and location of the person in question provided by an international organization.

APPENDIX 7 to the Agreement between the Government of the Republic of Kazakhstan and the Federal Government of the Republic of Austria on the Readmission and Transit of Persons with Illegal Residence

………………………………………………… ………………………………………………… ………………………………………………… ………………………………………. …………………………………………………

(Name of the requesting authority) (Place and date)

Document number: …………………………………………………………………………

Whom

……………………………………………………………………………………………….. ………………………………………………………………………………………………... ………………………………………………………………………………………………… ………………………………………………………………………………………………… …………………………………………………………………………………………………

(Name of the requested authority)

Request for an interview (paragraph 5 of Article 2 of the Agreement between the Government of the Republic of Kazakhstan and the Federal Government of the Republic of Austria on the Readmission and Transit of Persons with Illegal Residence)

REQUEST FOR READMISSION

In accordance with article 4 of the Agreement between the Government of the Republic of Kazakhstan and the Federal Government of the Republic of Austria on the Readmission and Transit of Persons with Illegal Residence

A. PERSONAL DATA

Download

1. Full name (underline surnames):

…………………………………………………

2. Last name at birth:

…………………………………………………

3. Date and place of birth:

…………………………………………………

4. Gender and description of personality traits (height, eye color, special signs, etc.):

…………………………………………………

photo

5. Pseudonym (former surnames, other surnames that are used/by which the person is known):

…………………………………………………………………………………………………

6. Citizenship and language:

…………………………………………………………………………………………………

7. Marital status: married, unmarried, divorced, and widowed

If married, the name of the spouse:

…………………………………………………………………………………………………

Names and ages of children, if available:

…………………………………………………………………………………………………

8. Last residential address:

…………………………………………………………………………………………………

B. INFORMATION ABOUT THE SPOUSE (IF APPLICABLE)

1. Full name (underline last name):

…………………………………………………………………………………………………

2. Last name at birth:

…………………………………………………………………………………………………

3. Date and place of birth:

…………………………………………………………………………………………………

4. Gender and description of personality traits (height, eye color, special signs, etc.):

…………………………………………………………………………………………………

5. Pseudonym (former surnames, other surnames that are used/by which the person is known):

…………………………………………………………………………………………………

6. Citizenship and language:

…………………………………………………………………………………………………

C. INFORMATION ABOUT CHILDREN (IF APPLICABLE)

1. Full name (underline last name):

…………………………………………………………………………………………………

2. Date and place of birth:

…………………………………………………………………………………………………

3. Gender and description of personality traits (height, eye color, special signs, etc.):

…………………………………………………………………………………………………

4. Citizenship and language:

…………………………………………………………………………………………………

D. SPECIAL CIRCUMSTANCES RELATED TO THE TRANSFER

1. Health status

(for example, an indication of special medical care; Latin designation of an infectious disease):

…………………………………………………………………………………………………

2. An indication of a particularly dangerous person

(for example, suspicion of committing a serious crime; aggressive behavior):

…………………………………………………………………………………………………

E. ATTACHED CONFIRMATIONS

Download

1. ……………………………………………..(Foreign passport №).....................................................(Issuing authority)

…………………………………………………(Date and place of issue)…………………………………………………(Expiration date)

2. ……………………………………………..(Identity card №).....................................................(Issuing authority)

…………………………………………………(Date and place of issue)…………………………………………………(Expiration date)

3. ……………………………………………(Driver's license no.)……………………………………………(Issuing authority)

…………………………………………………(Date and place of issue)…………………………………………………(Expiration date)

4. …………………………………………….(Other official document) No.……………………………………………(Issuing authority)

…………………………………………………(Date and place of issue)…………………………………………………(Expiration date)

F. CONDUCTING AN INTERVIEW IN ACCORDANCE WITH PARAGRAPH 5 OF ARTICLE 2 OF this Agreement

- Since none of the documents specified in Annexes 3 or 4 to this Agreement can be attached, an application is submitted for an interview to establish his/her nationality.

- In case of doubt about the correctness of the attached documents, a request for an interview to establish citizenship is submitted.

G. note

………………………………………………………………………………………………..

(Signature) (Seal/Stamp)

ANNEX 8 to the Agreement between the Government of the Republic of Kazakhstan and the Federal Government of the Republic of Austria on the Readmission and Transit of Persons with Illegal Residence

…………………………………………………………………………………………………… ……………………….................……………………………………………………………………………………………………(Name of the requesting authority) (Place and date

Document number:....................................................................................... To whom …………………………………………………………………………… …………………………………………………………………………… …………………………………………………………………………… …………………………………………………………………………… ……………………………………………………………………………(Name of the requested authority)

REQUEST FOR TRANSIT

in accordance with article 8 of the Agreement between the Government of the Republic of Kazakhstan and the Federal Government of the Republic of Austria on the Readmission and Transit of Persons with Illegal Residence

A. PERSONAL DATA

1. Full name (surnames underline): ................................................. 2. Last name at birth: ………………………………………… Photo …………………………………………

3. Date and place of birth: ................................................ ............................................. ............................................. ............................................. 4. Gender and description of personality traits (height, eye color, special signs, etc.) ................................................................................................................ 5. Pseudonym (former surnames, other surnames that are used/ by which the person is known): ............................................................................................................... 6. Citizenship and language: ............................................................................................................... 7. Type and number of the travel document: ............................................................................................................... B. SPECIAL CIRCUMSTANCES RELATED TO THE TRANSFER

1. Health status

(for example, an indication of special medical care; Latin designation of an infectious disease): ............................................................................................................... 2. An indication of a particularly dangerous person

(for example, suspicion of committing a serious crime; aggressive behavior): .............................................................................................................. C. TRANSIT

1. Type of transit:

Download

By air

By land or sea transport

2. Country of destination:……………………………………………….

3. Other transit States, if necessary:……………………………………………….

4. Intended border control point, date and time of transfer, and any accompanying persons лица:..........................................................................................................................................................................………………………………………………..

5. Is reception guaranteed in any other transit and destination States? (paragraph 2 of Article 8)

yes

6. Are the reasons for the refusal of transit known? (paragraph 3 of article 8)

yes

7. Is transit carried out with or without escort?

with an escort*

maintainingleitet*

unaccompanied

*If accompanied, specify the names of the escorts in the notes of the item

D. NOTES ............................................................................................................. ……………………………………………………………………………………………….. …………………………………………………………………………………………….… ………………………………………………………………………………………………..

(Signature) (seal/stamp)

The authenticity of the text of the Agreement between the Government of the Republic of Kazakhstan and the Federal Government of the Republic of Austria on the readmission and transit of persons with illegal residence in the official language with a translation of the text in Russian has been confirmed.

Chairman of the Migration Service Committee of the Ministry of Internal Affairs of the Republic of Kazakhstan

Atalykov Aslan Bazarbaevich

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases