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.
An expulsion (Ausweisung) under section 66 FPG obliges a person to leave the country but, unlike a residence ban, it does not impose a separate prohibition on returning. It is used in particular against EEA citizens and their family members who no longer meet the conditions for a lawful stay.
Before ordering an expulsion, the authority must weigh the person's private and family life and apply the principle of proportionality. For third-country nationals the comparable measure is usually a return decision, which may be combined with an entry ban.
If the person does not comply with an expulsion voluntarily, the authority may enforce departure through deportation. An expulsion can be challenged on appeal within the statutory deadline.
More on einreiseverbot.at
Legal basis
- § 66 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.
-
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.
-
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.
-
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.
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.
A direct line to the firm.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000