Einreiseverbot
by Brandauer RA
DE EN BKS
Menü
Focus area

Proceedings before BFA, BVwG and VwGH

The course and the chain of instances from the Federal Office for Immigration and Asylum via the Federal Administrative Court to an extraordinary appeal to the VwGH.

Orientation in 2 minutes

Place your proceedings: which stage are you at?

From the Federal Office through the Federal Administrative Court to the supreme courts, each stage has its own rules and deadlines. Answer a few questions for an initial assessment.

Already know you want to get in touch? Go straight to the enquiry form.

01 Question 1

Which stage are your proceedings at?

All paths at a glance

Overview of all answers.

01

Proceedings at the Federal Office (BFA)

At this stage you lay the foundation for everything that follows. A complete and consistent account of your ties and circumstances at the right to be heard or the interview can prevent or shorten a ban.
Private and family life (Art 8 ECHR) →
02

Appeal to the Federal Administrative Court

You can appeal the decision to the Federal Administrative Court within four weeks. Careful reasoning and the question of suspensive effect are now decisive.
Deadlines and appeals at a glance →
03

Proceedings at the Federal Administrative Court

Before the Federal Administrative Court an oral hearing may take place in which your credibility and your ties are assessed directly. Good preparation for questions and evidence is particularly important here.
Residence ban and return decision →
04

Revision or complaint to the supreme courts

After the ruling of the Federal Administrative Court, a revision to the Administrative Court or a complaint to the Constitutional Court may be available, each within six weeks. What matters is a legal question of fundamental importance or a breach of fundamental rights.
Deadlines and appeals at a glance →

Immigration proceedings follow a clear chain of instances. At the start stands the Federal Office for Immigration and Asylum (BFA) as the first instance. Against its decision the appeal lies to the Federal Administrative Court (BVwG), and against the latter ruling an extraordinary appeal to the Administrative Court (VwGH) comes into consideration.

Anyone who knows the chain of instances can preserve deadlines and bring arguments at the right point. We accompany you across all stages and ensure that no procedural error brings the case down.

First instance: the BFA

The BFA conducts the investigative procedure, grants the right to be heard and issues the decision on the return decision, entry ban or residence ban. The course is already set here: a careful statement and complete evidence in the administrative procedure make every later appeal easier.

Second instance: the Federal Administrative Court

Against the decision of the BFA the BVwG decides on the appeal, regularly after an oral hearing. The court examines the facts and the law in full and may confirm, amend or set aside the decision.

  • appeal within four weeks of service of the decision
  • examination of the facts and the legal questions by the court
  • regularly an oral hearing with examination of the parties
  • ruling: confirmation, amendment or setting aside

Third stage: the appeal to the VwGH

Against the ruling of the BVwG an extraordinary appeal to the Administrative Court is possible. It must be filed within six weeks and is only admissible where a legal question of fundamental importance is involved. The VwGH no longer examines facts, but the correct application of the law.

How we support you

  • representation already in the administrative procedure before the BFA
  • filing and reasoning the appeal to the BVwG
  • preparation for and attendance at the oral hearing
  • examination and drafting of an extraordinary appeal to the VwGH

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.

Frequently asked questions

What clients often ask.

How is the chain of instances in immigration law structured? +
The first instance is the BFA, which issues the decision. Against it the appeal lies to the Federal Administrative Court. Against the latter ruling an extraordinary appeal to the Administrative Court comes into consideration. Each stage has its own deadlines and requirements.
What does the Federal Administrative Court examine? +
The BVwG examines the facts and the legal questions in full. It may hold an oral hearing, take evidence and confirm, amend or set aside the decision. Unlike the VwGH it is not limited to legal questions.
When is an appeal to the VwGH admissible? +
An extraordinary appeal is only admissible where the decision depends on a legal question of fundamental importance, for example because consistent case law is lacking or the BVwG has departed from it. The VwGH reviews no facts, but the correct application of the law.
Which deadlines must I observe in the chain of instances? +
For the appeal to the BVwG four weeks from service of the decision apply in principle, for the appeal to the VwGH six weeks from service of the ruling. These deadlines cannot be extended, which is why the timeline must be monitored closely.
Related topics

This may also be relevant to you.

Lifting or shortening an entry ban

Application to lift or shorten an entry ban under section 60 FPG: timely departure, changed circumstances and the right reasoning towards the BFA.

Residence ban and return decision

Return decisions against third-country nationals and residence bans against EU citizens under sections 52 and 67 FPG, with their different standards.

Schengen-wide entry ban and SIS alert

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.

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.

+43 662 6280000 kanzlei@brandauer-rechtsanwaelte.at Book initial consultation (72 euros)
Contact

A direct line to the firm.

Address

BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg