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.
The Federal Office for Immigration and Asylum (Bundesamt für Fremdenwesen und Asyl, BFA), regulated by the BFA-VG, is the central first-instance authority for immigration and asylum matters in Austria. It issues measures such as the entry ban, the return decision and, where applicable, orders for deportation.
Before the BFA takes a removal measure, it must establish the relevant facts, hear the person concerned and weigh their private and family life against the public interest. Its decisions must be properly reasoned; a purely formulaic justification will not hold up on review.
A decision of the BFA can be challenged before the Federal Administrative Court within four weeks of service. The BFA may also decide whether an appeal has suspensive effect, which the court can then review.
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Legal basis
- BFA-VG
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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Federal Administrative Court
The Federal Administrative Court (Bundesverwaltungsgericht, BVwG) is the court that hears appeals against decisions of federal authorities, including immigration matters.
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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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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