Articles & analysis.
Topics from entry-ban and immigration law, set out clearly for clients.
Mag. Mirela Saric
Attorney at law · German and BCS
Mirela Saric assists clients in immigration matters with a clear structure: review the decision, secure deadlines, define the strategy and act quickly. She advises in German and Bosnian/Croatian/Serbian.
Austrian child affected: Article 20 TFEU, best interests and entry ban review
When an Austrian child is affected by an entry ban or residence termination, Article 20 TFEU, dependency and best interests must be checked.
Humanitarian visa despite an entry ban: when a limited territorial exception may be assessed
When a limited territorial visa under Article 25 Visa Code may be assessed despite an entry ban or SIS alert, and what evidence matters.
Wrong SIS hit caused by identity mix-up: same name, alias and correction
How to handle a wrong SIS hit caused by same name, alias or transliteration: access request, identity evidence, correction and deletion.
Wrong appeal instructions in a BFA decision: which deadline really matters
How to assess wrong appeal instructions in a BFA decision, including service, appeal deadlines and possible reinstatement.
ECtHR Rule 39 and entry bans: what to separate in urgent deportation cases
How to separate urgent deportation, Rule 39 before the ECtHR, section 50 FPG and entry bans where Article 2 or 3 ECHR risk is alleged.
Indefinite entry ban: duration, proportionality and current risk assessment
When an indefinite entry ban needs close reasoning and why current risk assessment and Article 8 ECHR matter.
Separation or divorce from an EEA partner: does protection against a residence ban remain?
How separation or divorce from an EEA partner can affect the residence-ban standard and which documents matter.
Pregnancy, birth and entry ban: separating medical grounds and the child’s best interests
Why pregnancy, birth, medical grounds and the child’s best interests must be assessed separately in return-decision cases.
False information in visa or residence-title proceedings: when deception can lead to an entry ban
When false information in visa or residence-title proceedings becomes relevant and which statement may be important.
Departure to where? Why the territory of the Member States matters under section 60 FPG
Why the actual route out of the territory of the Member States and departure evidence can matter under section 60 FPG.
Good conduct abroad: which evidence can support shortening an entry ban
Which evidence from abroad may support lifting or shortening an entry ban and why it must be organised.
Return counselling and voluntary return: what still needs legal review
Return counselling may help in practice. The decision, deadline, entry ban and later shortening still need legal review.
New passport or name change: why an entry ban does not disappear
Why a new passport or name change does not remove an entry ban and when SIS data should be checked.
Minors and entry bans: when the affected person is a child
When a child is directly affected by an entry ban, best interests, representation, school and concrete evidence matter.
Family reunification after an entry ban: separating the NAG application from the ban
Family reunification after an entry ban requires separate review of the NAG application, the bar effect and family evidence.
Turkish nationals and entry bans: checking Association Council Decision 1/80 correctly
Why Turkish workers and family members require a separate review when an entry ban or residence ban is considered.
Studies, apprenticeship or school despite an entry ban: which evidence matters?
Which education evidence carries weight for an entry ban, Section 53 FPG and Article 8 ECHR.
Criminal record expungement and entry bans: can a spent conviction still count?
Spent conviction, criminal record extract and later conduct: what matters for an entry ban and Section 60 FPG.
Care for relatives and entry bans: when dependency matters
When care, support and actual dependency carry weight in entry-ban and Article 8 ECHR reviews.
Airport transit despite an entry ban: why SIS and Schengen can matter even for a connection
Why a Schengen connection can fail despite mere transit because of an entry ban, SIS hit or visa status.
Reopening proceedings: new evidence against an entry ban
When new facts or evidence may justify reopening an entry ban case under Austrian administrative procedure.
SIS access request through the data protection authority
How to request information about a possible SIS alert and what to check after an entry ban hit.
Registration, accommodation and address in immigration proceedings
Why registration, actual accommodation and address for service matter in return and entry ban proceedings.
Extending the voluntary departure period: when is it realistic?
When the 14-day voluntary departure period under section 55 FPG may be set for a longer period.
Asylum withdrawal, protection status and entry ban
Why protection status, return decision, section 50 FPG and entry ban must be checked separately.
Visa refused because of an entry ban or SIS hit: which appeal may be available
What to check after a visa refusal because of an entry ban or SIS hit: reasons, appeal route and the Austrian underlying decision.
Job offer despite an entry ban: work permit, residence title and blocking effect
Job offer despite an entry ban: why work permit, residence title, section 53 FPG and section 60 FPG must be assessed separately.
EES and the 90/180-day rule: when travel data may lead to an entry ban
EES and the 90/180-day rule can matter in overstay and return decision cases. This post explains when travel data, departure and section 53 FPG should be reviewed together.
Dublin transfer and entry ban: what must be assessed separately in asylum proceedings
Dublin transfer, return decision and entry ban: why responsibility under Dublin III and section 53 FPG must be assessed separately.
Appealing an entry ban: costs, legal aid and legal protection explained
Appealing an entry ban: how to place costs, insurance cover, legal aid and deadline protection before the first step.
Border refusal despite a visa: when an entry ban must be checked
Why a border refusal despite a visa can require checking entry ban and SIS issues.
Constitutional Court complaint against an entry ban: review fundamental rights after the BVwG ruling
When a Constitutional Court complaint may be considered after a BVwG entry-ban ruling.
ETIAS and entry ban: why travel authorisation does not remove a SIS alert
Why ETIAS does not automatically remove an existing SIS alert or entry ban.
Lack of means and entry ban: when maintenance becomes a problem
When missing maintenance, housing or insurance can matter in an entry-ban case.
Marriage of convenience and deception: can an entry ban follow?
When alleged marriage of convenience, partnership or adoption can matter for an Austrian entry ban.
Deportation ban under section 50 FPG and entry ban
What section 50 FPG regulates for deportation bans and why entry ban, return decision and destination-state risk must be reviewed separately.
Evidence applications before the BVwG in entry ban cases
Which evidence can help in BVwG entry ban proceedings and why evidence applications should be formulated precisely.
Interpretation and translation in entry ban proceedings
Why language understanding matters in entry ban proceedings and how misunderstandings in interviews and appeals can be reviewed.
New circumstances after an entry ban decision
How new circumstances after an entry ban decision can be organised and used in appeal proceedings.
Power of attorney and representation in entry ban cases
What a power of attorney does in immigration proceedings and why service, file inspection and deadlines must be coordinated.
BFA interview: checking the record in entry ban cases
Why the BFA interview record matters in entry ban cases and which points should be checked before or after the interview.
Detention and entry ban: the difference
Detention and entry ban are different measures. What they mean and why deadlines and remedies must be checked separately.
Preliminary appeal decision and referral application in entry ban cases
What a preliminary appeal decision and referral application mean in Austrian entry ban proceedings.
Reasoning defects in an entry ban decision
How reasoning defects in an Austrian entry ban decision can be identified and why threat assessment and proportionality must be concrete.
Right to be heard and BFA statement
Why the right to be heard before the BFA matters in entry ban cases and how a focused statement should be prepared.
File inspection in entry ban proceedings
How file inspection helps in Austrian entry ban proceedings and why it must be coordinated with appeal deadlines and evidence work.
Oral hearing before the BVwG in an entry-ban case
How to prepare an oral hearing before the BVwG in an entry-ban case and which evidence matters.
Residence ban against EEA citizens: the higher standard
Why residence bans against EEA citizens under section 67 FPG must be reviewed differently from entry bans.
Consultation procedure where there is a SIS alert
What the consultation procedure means when another Schengen State reviews residence despite a SIS alert.
Appeal to the VwGH after an entry-ban ruling
When an extraordinary appeal to the VwGH may be considered after a BVwG ruling on an entry ban.
Address for service in immigration proceedings: why it matters
Why address, service and proof of service matter in entry-ban and return-decision proceedings.
Administrative penalties and the entry ban: what matters
Administrative penalties and the entry ban: how administrative offences feed into the risk assessment under section 53 FPG and how section 60 FPG opens a shortening.
Documents for the legal review of an entry ban
Documents for the review of an entry ban: which records from the BFA decision to evidence of ties matter, with reference to sections 53 and 60 FPG.
Legal aid in proceedings before the Federal Administrative Court
Legal aid under section 8a VwGVG before the Federal Administrative Court: requirements, application and the deadline for an entry ban under section 53 FPG.
Re-entry after expiry of the entry ban
Re-entry after expiry of the entry ban: the effect across the Schengen area until the end of the duration set under Section 53 FPG and an early lifting under Section 60 FPG.
Children and family: proportionality and the entry ban
Children and family in an entry ban: how the child's interests and the family unit work in the balancing under Article 8 ECHR and limit the duration under section 53 FPG.
Integration evidence in proceedings against an entry ban
Integration evidence against an entry ban: how German skills, work and social ties work in the balancing under section 9 BFA-VG and limit the duration under section 53 FPG.
Reinstatement when the appeal deadline was missed
Reinstatement after a missed appeal deadline: requirements under Section 71 AVG and Section 33 VwGVG, the application deadline and the route via Section 60 FPG.
Residence title and entry ban: typical effects
Residence title and entry ban: typical effects, the interplay with the return decision, the duration under Section 53 FPG and a lifting under Section 60 FPG.
Schengen-wide effect of an Austrian entry ban
Schengen-wide effect of an entry ban: how a ban imposed under section 53 FPG takes effect in the Schengen area via the SIS and how a lifting under section 60 FPG works.
EEA family members: a different standard for residence bans
Why third-country family members of EEA or EU citizens must be classified differently in residence-ban cases than general third-country nationals.
Long-term residence EU and termination of stay: a higher assessment standard?
Why long-term residence EU requires particularly careful assessment in termination-of-stay and entry-ban cases and what evidence matters.
New NAG application despite an entry ban: typical hurdles
Which hurdles a new NAG application may face despite or after an entry ban, and why grant requirements and bar effects must be assessed separately.
Residence title for reasons worthy of consideration despite a return decision?
When residence titles for reasons worthy of consideration interact with return decisions and entry bans, and what limits apply.
Voluntary departure and deadline: what to consider
Voluntary departure and deadline: how Section 55 FPG connects with the return decision and why a timely departure can matter for a shortening under Section 60 FPG.
Duration of the entry ban and the risk assessment
Duration of the entry ban and the risk assessment under section 53 FPG: how the length comes about and why a later shortening proceeds under section 60 FPG.
Illness and medical reasons against a return decision
Which medical documents may matter for return decisions, deportation and section 50 FPG, and why this does not replace medical advice.
Risk in the country of return and Article 3 ECHR in return decisions
When a concrete risk in the country of return under Article 3 ECHR and section 50 FPG may speak against return or deportation and what evidence matters.
Subsequent asylum application and existing return decision: what changes?
How a subsequent asylum application may interact with an existing return decision and entry ban, and why new facts are decisive.
Tolerated stay and the tolerated-stay card: what it means for an entry ban
What tolerated stay under section 46a FPG means, why it is not a residence title and how it relates to return decisions and entry bans.
Deportation, return decision and entry ban: how enforcement fits together
How deportation, return decision and entry ban fit together legally and why review of the decision and enforcement must be kept apart.
Emergency travel document and passport substitute in immigration proceedings
Why emergency travel documents, passport substitutes and cooperation duties matter in Austrian immigration proceedings and how they affect return and entry bans.
Identity, passport and cooperation duties in entry-ban proceedings
Why identity clarification, passport and cooperation duties matter in entry-ban proceedings.
Proving departure: why evidence matters for section 60 FPG
Which proof of departure can help with section 60 FPG, voluntary departure and later shortening.
Return decision and entry ban: the difference
Return decision and entry ban compared: how section 52 FPG governs the obligation to depart, how section 53 FPG sets the re-entry ban and where the difference lies.
Foreign conviction and Austrian entry ban
How foreign convictions are reviewed in an Austrian entry-ban case.
Overstaying: when does an entry ban become a risk?
When overstay leads to a return decision and when an entry ban becomes a risk.
Pending criminal proceedings: is suspicion enough for an entry ban?
When suspicion in pending criminal proceedings can be reviewed for an entry ban.
SIS alert: checking deletion and correction
Checking the SIS alert: when there is a right to correction and deletion, how the consultation procedure works and what role the duration under section 53 FPG plays.
Undeclared work and employment without authorisation: entry-ban risk?
When unauthorised employment can become an immigration-law entry-ban risk.
Article 8 ECHR: balancing family life against an entry ban
Article 8 ECHR protects family life: how the balancing of interests under section 9 BFA-VG works and how proportionality limits the duration of an entry ban under section 53 FPG.
Criminal conviction and risk assessment in an entry ban
How convictions feed into the section 53 FPG risk assessment and which evidence matters.
Reading a BFA decision: separating return decision and entry ban orders
How to separate and review the operative points in a BFA decision on return decision and entry ban.
Diversion, suspended sentence and probation: relevance for an entry ban
Why diversion, suspended sentence and probation can matter for an entry-ban assessment.
When does the duration of an entry ban begin?
When an entry ban duration starts in practice and why proof of departure matters.
Lifting or shortening an entry ban under Section 60 FPG
Lifting or shortening an entry ban under section 60 FPG: changed circumstances, timely departure and the application with the BFA, distinguished from section 53 FPG.
Suspensive effect: what it means for an entry ban
Suspensive effect for an entry ban: what Section 13 VwGVG means, when the BFA withdraws it under Section 18 BFA-VG and what right to remain exists until the decision.
Appeal against an entry ban: deadline and content
Appeal against an entry ban: how the four-week deadline at the Federal Administrative Court runs and what the appeal against the duration under Section 53 FPG should contain.
Family and private life: arguments against a disproportionate entry ban
Family and private life as arguments against a disproportionate entry ban: how the balancing exercise under Article 8 ECHR works and how ties can be evidenced.
SIS alert and Schengen: effect beyond Austria
SIS alert and Schengen: how an Austrian entry ban takes effect through the Schengen Information System and how an entry can be reviewed.
Received an entry ban: deadlines and the first steps
Received an entry ban: how the appeal deadline is calculated, which first steps count and what matters in an appeal to the Federal Administrative Court.
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