Deportation
Deportation (Abschiebung) is the enforced removal of a person from Austria where they have not left voluntarily despite an enforceable obligation to do so.
Deportation (Abschiebung) under section 46 FPG is the coercive enforcement of an obligation to leave, carried out by the authorities when a person does not depart voluntarily. It presupposes an enforceable measure such as a return decision or an expulsion ordered by the Federal Office for Immigration and Asylum.
Deportation may only proceed once the obligation to leave is enforceable. Where an appeal has suspensive effect, enforcement is paused; if suspensive effect has been excluded, the person can ask the court to grant it before removal takes place.
A person facing removal usually has the chance of voluntary departure first, which avoids the coercive measure. Deportation must also respect the prohibition on returning anyone to a place where they would face a real risk of serious harm.
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Legal basis
- § 46 FPG
Statutory texts for orientation; the version in force at the relevant time prevails.
This explanation gives a general overview of Austrian law and does not replace advice in an individual case. The specific circumstances of your case are always decisive.
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Expulsion
An expulsion (Ausweisung) is an order requiring a person to leave Austria, without the broader prohibition on re-entry that an entry ban or residence ban entails.
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Voluntary departure
Voluntary departure (freiwillige Ausreise) is the period a person is given to leave Austria on their own before enforced removal becomes possible.
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Federal Office for Immigration and Asylum
The Federal Office for Immigration and Asylum (Bundesamt für Fremdenwesen und Asyl, BFA) is the Austrian authority that decides on asylum and immigration measures at first instance.
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Suspensive effect
Suspensive effect (aufschiebende Wirkung) means an appeal temporarily prevents a decision from being enforced while the case is pending.
Entry ban, return decision, a running appeal deadline?
In immigration law, deadlines and the right argumentation decide. Call us directly or send an email, callback within one business day.
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