Threat assessment
A threat assessment (Gefährdungsprognose) is the individual, forward-looking evaluation of whether a person poses a threat to public order and security.
The threat assessment (Gefährdungsprognose) is the prediction the authority must make before imposing an entry ban under section 53(2) and (3) FPG. It is a case-by-case, forward-looking judgement about whether the conduct of the person concerned indicates a genuine and present threat to public order and security.
The assessment must be based on the individual's actual behaviour and overall circumstances, not on generalisations. The more serious the threat established, the longer the duration of an entry ban that may be justified, always within the limits set by the principle of proportionality.
Because the threat assessment is decisive for both the basis and the length of a measure, a flawed or merely formulaic prognosis is a frequent ground of appeal. Where the danger has since ceased, this can support an application to have an entry ban lifted or shortened.
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Legal basis
- § 53(2)(3) 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.
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Entry ban
An entry ban (Einreiseverbot) prohibits a third-country national from entering and staying in the territory of the member states for a defined period.
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Proportionality
Proportionality (Verhältnismäßigkeit) requires that an immigration measure be suitable, necessary and reasonable in relation to the aim it pursues.
Entry ban, return decision, a running appeal deadline?
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