Return decision
A return decision (Rückkehrentscheidung) is the order that obliges an unlawfully staying third-country national to leave Austria and the territory of the member states.
The return decision (Rückkehrentscheidung) under section 52 FPG is the central removal instrument against third-country nationals who lack a right of residence. It is issued by the Federal Office for Immigration and Asylum and is often combined with an entry ban that extends the consequences across the Schengen area.
Before a return decision is issued, the authority must weigh the person's private and family life against the public interest, applying the principle of proportionality. A return decision normally sets a period for voluntary departure; if the person does not leave, enforced deportation may follow.
For EEA citizens and their family members, the comparable measure is a residence ban or an expulsion rather than a return decision. A return decision can be challenged on appeal within the statutory deadline.
More on einreiseverbot.at
Legal basis
- § 52 FPG
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.
-
Residence ban
A residence ban (Aufenthaltsverbot) is the measure used against EEA citizens and certain privileged third-country nationals, prohibiting their stay in Austria for a defined period.
-
Expulsion
An expulsion (Ausweisung) is an order requiring a person to leave Austria, without the broader prohibition on re-entry that an entry ban or residence ban entails.
-
Deportation
Deportation (Abschiebung) is the enforced removal of a person from Austria where they have not left voluntarily despite an enforceable obligation to do so.
-
Voluntary departure
Voluntary departure (freiwillige Ausreise) is the period a person is given to leave Austria on their own before enforced removal becomes possible.
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.
A direct line to the firm.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000