Proportionality

Proportionality (Verhältnismäßigkeit) is a guiding principle of Austrian immigration law, anchored in Article 8(2) ECHR and concretised by section 9 BFA-VG. It means that any interference with a person's rights, such as an entry ban or a residence ban, must be no more severe than necessary to achieve a legitimate aim.

In practice, the authority must balance the public interest in public order and security against the person's private and family life. Relevant factors include the length and lawfulness of residence, integration, family ties and the seriousness of the threat established.

A measure that is excessive in its scope or duration is disproportionate and can be set aside or reduced on appeal. Proportionality therefore shapes both whether a measure may be imposed at all and how long it may last.