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.
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.
Anyone who receives an entry ban does not have to simply accept it. An appeal to the Federal Administrative Court is available against the decision of the Federal Office for Immigration and Asylum. It is the central remedy to have the imposition and the duration reviewed.
Two things are decisive: the deadline and the content. The appeal must be filed within four weeks of service and it should address the risk assessment and the duration set under Section 53 FPG specifically.
The short self-check below helps you place your own situation. We then explain the deadline and the content an appeal needs.
Answer one or two questions about the deadline and the reasoning. You will receive a first orientation on the next steps.
Already know you want to get in touch? Go straight to the enquiry form.
The appeal to the Federal Administrative Court must be filed within the deadline. What is decisive is the date of valid service.
You can draft the appeal to the Federal Administrative Court in a structured way now. Address the risk assessment and the duration set under Section 53 FPG and show concretely which circumstances the authority assessed incompletely or incorrectly.
Document your ties in Austria with records on family, work and length of stay. This evidence supports the balancing exercise under Article 8 ECHR.
If evidence is still missing, the appeal should nonetheless be filed in time. An appeal filed in time protects your rights and the reasoning can be added afterwards. What matters most is that the four-week deadline is not missed.
At the same time, note which points of the risk assessment and the duration under Section 53 FPG you want to challenge so the supplement is targeted.
If the four-week deadline has passed, the decision generally becomes final. In certain cases an application for reinstatement is possible where the deadline was missed without fault of your own. These requirements must be examined carefully.
Independently of this, the option remains to apply later for the entry ban to be shortened or lifted once circumstances have changed.
As long as it is unclear when the decision was validly served, the appeal deadline cannot be calculated reliably. Defective service can mean that the deadline has not yet started to run. Check the address to which service was made and whether you received the decision.
Keep envelopes, delivery receipts and notifications. These records are the basis for establishing the start of the deadline in a comprehensible way.
The appeal against an entry ban is filed with the Federal Administrative Court, as a rule within four weeks of service of the decision. In certain accelerated proceedings the deadline can be shorter. What is decisive is always the date of valid service, not the day on which you read the decision.
If the deadline is missed, the decision becomes final and the entry ban becomes enforceable. A later challenge is then possible only in narrow exceptional cases. Record the service date and calculate the deadline from the outset. How this deadline works in detail is explained in the entry on the appeal deadline.
File the appeal in time even if not all documents are available yet. An appeal filed in time can be supplemented in its reasoning, while a missed deadline can only be repaired in narrow exceptions.
In substance the appeal should address the load-bearing points of the decision. The authority bases the entry ban on a risk assessment and sets its duration under Section 53 FPG. Show concretely which circumstances were assessed incompletely or incorrectly and why the duration is disproportionate.
The balancing exercise under Article 8 ECHR is important. Document your ties in Austria with registration records, an employment contract, evidence relating to family members and proof of length of stay. The more concretely the appeal addresses proportionality, the stronger it is. The entry on the Federal Administrative Court explains who the appeal is addressed to.
At the same time, make clear requests, for example to set the decision aside or to shorten the duration. This tells the court which outcome you are seeking and against which your arguments should be measured.
Important with a short deadline: Do not miss the four-week appeal deadline because documents are still missing. An appeal filed in time can be supplemented in its reasoning, a missed deadline can only be repaired in narrow exceptional cases. When in doubt act quickly and arrange an initial consultation (72 euros).
As a rule the appeal to the Federal Administrative Court is filed within four weeks of service of the decision. In accelerated proceedings the deadline can be shorter. What is decisive is the date of valid service. If the deadline is missed, the decision becomes final.
The appeal should address the risk assessment and the duration set under Section 53 FPG specifically. It is sensible to name the contested decision, set out the reasoning, make clear requests and attach evidence of ties in Austria for the balancing exercise under Article 8 ECHR.
The Federal Administrative Court decides on the appeal against the decision of the Federal Office for Immigration and Asylum. It reviews the imposition and the duration of the entry ban and can confirm, amend or set aside the decision.
In immigration law, deadlines and the right argumentation decide. Call us directly or send an email, callback within one business day.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000