The first hours need structure.
A person arrested or held needs clarity on reason, authority, documents and contact options quickly.
Proceedings
Arrest and holding in immigration proceedings: what to check immediately
After arrest or holding under the FPG, the first hours, rights and documents matter. Entry ban and enforcement must be separated.
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.
8 August 2026 · Mag. Mirela Saric, Attorney at Law
Arrest and holding in immigration proceedings are not side issues when a return decision or entry ban is involved. In the first hours, documents, contact and remedies often become decisive.
This article focuses on the acute FPG situation. It is not a general detention article, but separates first holding, possible enforcement and substantive review of the entry ban.
Sections 39 and 40 FPG matter, as does section 22a BFA-VG when remedies against arrest, holding or detention must be reviewed.
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What happened in the first hours?
Sections 39 and 40 FPG concern arrest, holding and rights of the arrested person.
All paths at a glance
Overview of all answers.
Detention is a separate review route.
If detention is being considered, requirements, less coercive measures and section 22a BFA-VG must be reviewed separately.
Deportation and entry ban are not the same.
An enforcement step may be urgent, while the entry ban needs a different substantive review. Both must be structured.
First hours: reason, documents and contact
First hours: reason, documents and contact
First clarify why the measure was taken and which authority is responsible. Without that basis, neither deadline nor remedy can be assessed reliably.
If documents already exist, they should be secured fully as explained in the article on file inspection.
Relatives or trusted persons should know which documents are missing and which contact routes are open.
Separate detention and less coercive measures
Separate detention and less coercive measures
The article on detention and entry ban explains why securing detention and entry bans are different reviews.
If detention is likely, less coercive measures should also be checked. Accommodation, reporting duties and availability may be decisive.
The entry ban itself may still need a separate substantive challenge.
Deportation, power of attorney and decisions
Deportation, power of attorney and decisions
If enforcement is imminent, the article on deportation after a return decision helps. The key question is which decisions already exist.
A power of attorney can speed up file inspection and authority contact.
The goal is a structured reconstruction of the measure, not panic.
Practice point: In the first hours, record the reason for the measure, responsible authority, decisions, contact person and reachable phone number immediately.
Newsletter: You can follow developments on entry bans, residence matters and immigration deadlines through the Brandauer newsletter.
FAQ
Frequently asked questions on arrest and holding.
Is arrest the same as detention? +
No. Arrest, holding and detention must be reviewed separately, even if they overlap in practice.
Which documents matter first? +
Decision, order, proof of service, identity documents, file numbers and contact details of a trusted person are important.
Can the entry ban be challenged in parallel? +
Yes, but that is a separate route. Urgent remedies against holding do not automatically replace the complaint against the entry ban.
Topics
ArrestHoldingFPGLegal protection
Entry ban, return decision, a running appeal deadline?
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