Appeal deadline
The appeal deadline (Beschwerdefrist) is the period within which a decision must be challenged; against BFA decisions it runs four weeks from service.
The appeal deadline (Beschwerdefrist) is set by section 7 VwGVG and defines how long a person has to lodge an appeal against an administrative decision. Against decisions of the Federal Office for Immigration and Asylum, the appeal runs four weeks from service of the decision and is directed to the Federal Administrative Court.
The deadline is strict: an appeal filed too late is generally rejected as inadmissible, so the date of service must be noted carefully. Calculating the period correctly, including how weekends and public holidays affect the final day, is essential to preserve the right of appeal.
Lodging an appeal in time also matters for the suspensive effect, which can stop a decision from being enforced while the case is pending. Where a deadline has been missed without fault, reinstatement may, in narrow circumstances, be possible.
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Legal basis
- § 7 VwGVG
Statutory texts for orientation; the version in force at the relevant time prevails.
This explanation gives a general overview of Austrian law and does not replace advice in an individual case. The specific circumstances of your case are always decisive.
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Suspensive effect
Suspensive effect (aufschiebende Wirkung) means an appeal temporarily prevents a decision from being enforced while the case is pending.
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Federal Administrative Court
The Federal Administrative Court (Bundesverwaltungsgericht, BVwG) is the court that hears appeals against decisions of federal authorities, including immigration matters.
Entry ban, return decision, a running appeal deadline?
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