Einreiseverbot
Appeals

Appeal withdrawn: consequences for an entry ban and later applications

A withdrawn appeal can make a decision final. Later steps depend on deadlines, reasons and new circumstances.

Mag. Mirela Saric
Your contact person

Mag. Mirela Saric

Attorney at law · German and BCS

Mirela Saric assists clients in immigration matters with a clear structure: review the decision, secure deadlines, define the strategy and act quickly. She advises in German and Bosnian/Croatian/Serbian.

12 August 2026 · Mag. Mirela Saric, Attorney at Law

When an appeal against a return decision or entry ban is withdrawn, the consequences can be serious. Often it only becomes clear later that the decision has become final.

This article connects appeal, reinstatement, reopening and section 60 FPG only for the special case of an abandoned appeal. The ordinary appeal route is explained in the article on an appeal against an entry ban.

Classify your situation

Why was the appeal not pursued?

Answer one short question. The result shows which checkpoint comes first.

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01 Question 1

Why was the appeal not pursued?

The answer shows whether deadline, finality or a new application comes first.

All paths at a glance

Overview of all answers.

01

Check finality.

A withdrawn appeal should not be played down. First clarify finality, reason for withdrawal and new facts.

02

Check missed deadline immediately.

A withdrawn appeal should not be played down. First clarify finality, reason for withdrawal and new facts.

03

Check new facts separately.

A withdrawn appeal should not be played down. First clarify finality, reason for withdrawal and new facts.

Establish finality first

First clarify whether the decision became final and which operative parts are affected. Without this basis, the next step cannot be chosen sensibly.

The topic page on deadlines and appeals helps separate deadline, finality and new application.

Separate withdrawal, omission and pressure

It matters whether an appeal was deliberately withdrawn or whether a correction was not filed in time. Language problems, service and the advisory situation may also be relevant.

If a deadline was missed, reinstatement is a separate checkpoint.

Give new circumstances a clear basis

A new appeal is not freely available. Depending on the situation, new circumstances, reopening or a later section 60 application may be considered.

For new evidence, the article on reopening proceedings is important.

Practical point: A withdrawn appeal should not be played down. First clarify finality, reason for withdrawal and new facts.

Newsletter: Updates on entry bans, residence and immigration deadlines are available through the Brandauer newsletter.

FAQ

Frequently asked questions on this topic.

Can I appeal again after withdrawal? +

Not freely. First check whether the decision is final and whether any separate legal step remains available.

Is section 60 FPG the next step? +

Sometimes. It depends on whether a final entry ban exists and whether reasons for lifting or shortening are available.

What is the first practical step? +

Decision, withdrawal, file status and service dates must be reconstructed completely.

Topics
Appeal withdrawnFinal decisionSection 60 FPGEntry ban

Entry ban, return decision, a running appeal deadline?

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