General Provisions
Article 1. [Repealed by FLG No. 386/1986]
Article 2. In this act the following terms shall have the meanings here under:
1. Republic means the Republic of Austria;
2. Nationality means the nationality of the Republic of Austria (Austrian nationality);
3. National means a person holding Austrian nationality regardless of sex;
4. Alien means a person not holding Austrian nationality regardless of sex.
Article 3. Except in cases under article 8, a person whose nationality cannot be determined
is to be regarded as stateless.
Article 4. For the purposes of the scope of this federal law, sex and family status shall
have no legal relevance, except as otherwise expressly provided for herein. Aliens who have
filed an application for the granting of nationality shall, however, be required in such
procedures to explain their family situation, the centre of their vital interests and their personal
circumstances.
Article 5. (1) If the alien is unable to furnish proof, by reliable documents or other
appropriate and equivalent evidence, of a claimed under-age status on which he relies in a
procedure pursuant to the present federal law and which, on the basis of the available results
of the preliminary investigation, is doubtful, the authority may also give instructions for
radiological examinations, in particular X-ray examinations, to be carried out as part of a
multifactorial examination technique (subparagraph 25 of article 2, paragraph (1), of the 2005
Asylum Act) for the purpose of age diagnosis. Every examination procedure shall be conducted
with the least possible interference. The alien’s cooperation in a radiological examination shall
not be enforceable by coercive measures. If, following the age diagnosis, justified doubts
continue to exist, under-age status shall be presumed in the alien’s favour.
(2) If an alien is unable to furnish proof, by reliable documents or other appropriate and
equivalent evidence, of a claimed family relationship on which he relies in a procedure pursuant
to the present federal law, the authority shall, at his request, make it possible for him to have a
DNA analysis undertaken at his own expense. The alien shall be informed of such possibility.
The absence of a request for a DNA analysis by the alien shall not be construed as a refusal on
his part to cooperate in the clarification of the facts. In the further course of the procedure, only
information on the family relationship may be processed; any additional data shall be deleted.
(3) If the alien is unable to furnish proof, by reliable documents or other appropriate and
equivalent evidence, of his identity on which he relies in a procedure pursuant to the present
federal law, the authority may give instructions for impressions of the papillary ridges on the
fingers to be taken. The alien’s refusal to cooperate in the impression-taking process shall be
taken into consideration by the authority in the evaluation of the evidence.
Section II
Acquisition of nationality
Article 6. Nationality shall be acquired by
1. Descent (legitimation) (articles 7, 7a and 8);
2. Naturalization (extension of naturalization) (articles 10 to 24);
3. repealed by FLG I. No 122/2009;
4. repealed by FLG I. No 122/2009;