Entry ban
An entry ban (Einreiseverbot) prohibits a third-country national from entering and staying in the territory of the member states for a defined period.
The entry ban (Einreiseverbot) under section 53 FPG is issued by the Federal Office for Immigration and Asylum, usually together with a return decision. Because the measure leads to a SIS alert, it generally bars re-entry across the entire Schengen area, not just Austria.
An entry ban requires that the person concerned poses a threat to public order and security. The authority must make a case-by-case threat assessment (Gefährdungsprognose) and set the duration in proportion to the conduct established. A purely formulaic justification does not support an entry ban.
When setting the length, the authority must weigh the person's private and family life and the principle of proportionality. A final entry ban is not permanent: where circumstances change significantly, an application to have it lifted or shortened can be filed.
More on einreiseverbot.at
Legal basis
- § 53 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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Residence ban
A residence ban (Aufenthaltsverbot) is the measure used against EEA citizens and certain privileged third-country nationals, prohibiting their stay in Austria for a defined period.
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Return decision
A return decision (Rückkehrentscheidung) is the order that obliges an unlawfully staying third-country national to leave Austria and the territory of the member states.
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SIS alert
A SIS alert (SIS-Ausschreibung) is an entry into the Schengen Information System that flags a third-country national for refusal of entry and stay across the member states.
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Threat assessment
A threat assessment (Gefährdungsprognose) is the individual, forward-looking evaluation of whether a person poses a threat to public order and security.
Entry ban, return decision, a running appeal deadline?
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