Secure proof of filing.
Keep the application, receipt, service records and all later correspondence. Without a clear chronology, delay is difficult to assess.
Appeals
BFA does not decide on a section 60 application: delay complaint after an entry ban
If the BFA does not decide on a section 60 FPG application, delay may become a separate procedural issue.
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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.
15 August 2026 · Mag. Mirela Saric, Attorney at Law
An application to lift or shorten an entry ban under section 60 FPG opens a separate assessment. If the BFA remains inactive, this is not the same as an ordinary appeal against the original decision.
The key points are filing, the duty to decide, proof and the strength of the application. The article on lifting and shortening under section 60 FPG explains the substantive level.
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What is open in your section 60 application?
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What is open in your section 60 application?
The answer shows whether delay, proof or substance should be checked first.
All paths at a glance
Overview of all answers.
Delay is a separate procedural point.
If the authority breaches its duty to decide, a delay complaint may be considered. The section 60 application must still be convincing on the merits.
The application still needs substance.
New circumstances, good conduct, family ties and proof of departure remain decisive. A delay complaint does not replace the reasons for lifting or shortening.
Duty to decide and delay are separate
Duty to decide and delay are separate
A delay complaint focuses on the authority not deciding in time. It does not replace the question whether the section 60 application is well founded.
The topic page on deadlines and appeals explains why filing, service and time limits should be documented separately.
Evidence that should be ready
Evidence that should be ready
Important documents include the application itself, proof of filing, later letters and an updated list of circumstances since the decision became final.
If the situation has changed, the article on new circumstances after the decision may also be relevant.
What the court looks at
What the court looks at
In a delay case, the court first looks at whether the authority is in default and what follows from that. The substantive question of lifting or shortening still needs its own reasons.
If later court review becomes an issue, the article on a VwGH appeal provides the next distinction.
Practical point: A delay complaint should not be filed as pressure without file clarity. Application, timeline and reasons must be traceable first.
Newsletter: Updates on entry bans, residence and immigration deadlines are available through the Brandauer newsletter.
FAQ
Frequently asked questions on this topic.
When can a delay complaint make sense? +
When an application was filed and the authority breaches its duty to decide. The exact time frame and file status must be checked.
Does delay automatically help under section 60 FPG? +
No. Delay is procedural. Lifting or shortening still requires convincing new circumstances and evidence.
Which documents matter? +
Application, receipt, correspondence, decision, proof of departure and current evidence on family, work or good conduct.
Topics
Delay complaintSection 60 FPGBFAEntry ban
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