Fundamental Rights Section mail deposited with their postal office. On the other hand, they do not have the possibility to leave Austria. The Fremdenpolizeigesetz (Aliens' Police Act) provides as condition precedent to issuing an alien's passport that 'the Republic of Austria has a positive interest' in issuing such travel document, a requirement that represents a major challenge for many persons concerned. The Ombudsman Board is aware that an alien's passport enables persons concerned to leave Austria and travel to other countries, thus entailing some responsibility on the part of the Republic of Austria in this respect. It is, however, comprehensible that persons concerned rely on their right of freedom of movement, in particular pursuant to Art. 2 of the fourth Additional Protocol of the European Convention on Human Rights. In one case, the complainant observed that he wanted to emigrate to his brother in Brazil. Within the Austrian legal system, Art. 4 of the Basic Law provides the freedom of movement of persons and capital. Pursuant to Art. 6 para. 1 of the Basic Law every national can take up residence and domicile at any place inside the boundaries of the state. Art. 2 of the fourth Additional Protocol of the European Convention on Human Rights extends this right to everyone who has a legal residence in Austria. This freedom of movement granted as a fundamental right within the Austrian state borders is restricted by the absence of a photo identification card from the perspective of residence registration and aliens legislation. Pursuant to Art. 2 para. 2 of the fourth Additional Protocol of the European Convention on Human Rights everyone has the right to leave any country - including his/her own. Since an aliens' passport, as explained above, may only be obtained with great difficulties, it is impossible for persons concerned to also exercise this fundamental right. 52

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