Suspensive effect
Suspensive effect (aufschiebende Wirkung) means an appeal temporarily prevents a decision from being enforced while the case is pending.
Suspensive effect (aufschiebende Wirkung) under section 13 VwGVG is the rule that an appeal lodged in time suspends enforcement of the contested decision. In immigration cases, however, section 18 BFA-VG allows the authority to exclude this effect, so that a measure such as deportation can be enforced despite a pending appeal.
Where suspensive effect has been excluded, the person concerned can ask the Federal Administrative Court to grant or restore it. The court must decide quickly and weigh the public interest in enforcement against the risk of serious harm to the person.
Whether an appeal carries suspensive effect is often decisive in practice, because it determines if a person may remain in Austria while their case is heard. Filing within the appeal deadline is the precondition for any suspensive effect.
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Legal basis
- § 13 VwGVG
- § 18 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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Appeal deadline
The appeal deadline (Beschwerdefrist) is the period within which a decision must be challenged; against BFA decisions it runs four weeks from service.
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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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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.
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