Appeal to the Federal Administrative Court within the four-week deadline, the suspensive effect and the right way to handle the BFA decision.
In immigration matters, days decide your options. Answer a few questions to place your deadline and the right remedy.
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The deadline starts with service, not with the date of the decision.
Against a decision of the BFA imposing an entry ban, a residence ban or a return decision, an appeal to the Federal Administrative Court (BVwG) is open. In immigration law a few weeks here often decide on residence and future.
The deadline is short and the content of the appeal demanding. We preserve the deadline, reason the appeal carefully and clarify the question of suspensive effect, which decides whether you may await the proceedings within Austria.
Against a decision of the BFA the appeal must in principle be filed with the BFA within four weeks of service. The deadline is a case-deciding hurdle: if it is missed, the decision becomes final. In certain accelerated procedures the deadline can be shorter, which is why the decision must be read carefully.
The appeal must identify the contested decision, set out the grounds of challenge and contain a specific request. In immigration law the risk assessment, the balancing of interests under Article 8 ECHR and the assessment of evidence are at the centre.
Whether you may await the appeal proceedings within Austria depends on the suspensive effect. In some cases the appeal has this effect by operation of law; in others it must be granted separately or may be withdrawn. This question is often time-critical and must be clarified as a priority.
This article provides a general overview of Austrian law and does not replace advice in an individual case. The specific circumstances of your proceedings are always decisive.
Application to lift or shorten an entry ban under section 60 FPG: timely departure, changed circumstances and the right reasoning towards the BFA.
Return decisions against third-country nationals and residence bans against EU citizens under sections 52 and 67 FPG, with their different standards.
How an entry ban takes effect across the whole Schengen area through the Schengen Information System (SIS), its present legal basis in the EU SIS Regulations and the consultation procedure.
In immigration law, deadlines and the right argumentation decide. Call us directly or send an email, callback within one business day.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000