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Appeals
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.
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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.
7 July 2026 · Mag. Mirela Saric, Attorney at Law
After a negative ruling of the Federal Administrative Court, an entry-ban case is not always completely over. In some cases a complaint to the Constitutional Court may be considered in addition to a VwGH appeal.
The Constitutional Court is not a general third fact-finding instance. The focus is on fundamental rights, especially private and family life under Article 8 ECHR or protection issues under Article 3 ECHR.
This article distinguishes the two routes and explains why service, deadline and error type must be checked immediately.
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At which stage is your case?
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All paths at a glance
Overview of all answers.
In pending proceedings, complete records matter.
While the proceeding is pending, evidence, chronology and submissions can be prepared. The concrete allegation or review point must be addressed precisely.
Before new steps, clarify the data situation.
Anyone planning travel, an application or re-entry should first check old decisions, SIS indications and existing bans. Planning does not replace legal clearing.
What the Constitutional Court reviews
What the Constitutional Court reviews
Article 144 B-VG allows complaints against rulings of administrative courts where constitutionally guaranteed rights may have been violated.
In entry-ban cases this often concerns Article 8 ECHR. In special constellations Article 3 ECHR may also be relevant.
The complaint must start from the ruling and identify the constitutional defect.
Deadline and distinction from the VwGH appeal
Deadline and distinction from the VwGH appeal
Under section 82 VfGG the complaint period is generally six weeks from service of the ruling.
The VwGH appeal follows a different logic and focuses on legal questions of fundamental importance.
Both routes may need to be considered, but the reasoning is not the same. The article on the VwGH appeal after an entry ban explains the other path.
Preparing fundamental-rights points
Preparing fundamental-rights points
For Article 8 ECHR, family relationships, residence duration, integration, dependencies and ties to the country of origin should be shown clearly.
For Article 3 ECHR, general hardship is not enough. Concrete and documented risks are needed.
The complaint should not merely criticise the outcome. It must show why the constitutional balancing is missing or untenable.
Practice point: After service of a BVwG ruling, VwGH and Constitutional Court routes should be checked separately. The deadline may be similar in practice, but the reasoning is different.
FAQ
Frequently asked questions on this focus.
Does this topic automatically mean an entry ban? +
No. The concrete decision, legal basis and reasoning of the authority remain decisive. This article only shows typical review points.
Which records should I secure first? +
The decision, proof of service, previous applications, earlier rulings and evidence of personal circumstances are the starting point. Further documents depend on the topic.
Can general information resolve the individual case? +
No. General information helps preparation. The next step depends on the decision, procedural stage and evidence.
Topics
Constitutional CourtFundamental rightsBVwGEntry ban
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