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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.

Mag. Mirela Saric
Your contact person

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.

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3 July 2026 · Mag. Mirela Saric, Attorney at Law

Anyone who wishes to have an entry ban reviewed often wonders which documents are important for it. Good preparation saves time and ensures that the review rests on a complete basis. This article sets out the most important documents.

At the centre is the decision of the Federal Office for Immigration and Asylum. From it follow the reasoning of the entry ban, its duration and the date of service. To this are added the proof of service and evidence of your ties in Austria.

The short self-check below helps you place your own situation. We then explain which documents are important and why the proof of service plays a special role for the deadline.

Place your situation

Which documents are important for the review?

Answer one or two questions about the decision and service. You will receive a first orientation on the next steps.

Already know you want to get in touch? Go straight to the enquiry form.

01 Question 1

Do you have the BFA decision on the entry ban to hand?

The decision is the central basis of any review. From it follow the reasoning, the duration and the date of service.

All paths at a glance

Overview of all answers.

01

The decision and proof of service are available, the review can begin.

If the BFA decision and the proof of service are available, the most important bases are present. From the decision follow the reasoning of the entry ban and its duration, from the proof of service the start of the appeal deadline. In addition, evidence of your ties in Austria is helpful.

Gather evidence of family, work, residence and length of stay. These documents form the basis for the balancing exercise under Article 8 ECHR and for a substantive review.

02

The date of service is open, it should be clarified first.

If the date of service is unclear or the proof is missing, the appeal deadline cannot be calculated reliably. Look for envelopes, delivery receipts and notifications from which the service date follows. Defective service can mean that the deadline has not yet started to run.

Keep all records of service ready. Only with the start of the deadline can it be assessed how much time remains for the next steps.

03

The decision is incomplete, missing parts should be added.

If the decision is only partly available, often it is precisely the pages with the reasoning or the annexes that are missing. These are exactly the parts important for the review, because the entry ban rests on a reasoning and a set duration. Complete the documents before the review begins.

Make sure all pages and annexes are present. An incomplete basis makes it harder to assess the prospects of success.

04

The decision is missing, it should be obtained first.

If the BFA decision is missing, the central basis for any review is missing. Without it neither the reasoning nor the duration of the entry ban nor the start of the deadline can be assessed. Obtaining the decision therefore takes priority over all further steps.

Check whether the decision was served and to which address. As long as the decision is not available, the situation remains unclear.

The decision and the proof of service as a basis

The most important document is the decision of the Federal Office for Immigration and Asylum. From it follows what the entry ban is based on and for what duration it was imposed. The reasoning rests on a risk assessment and the duration set under section 53 FPG. Without the complete decision the prospects of success of an appeal cannot be assessed.

Equally important is the proof of service. It determines the start of the appeal deadline, which as a rule is four weeks. If the proof is missing or the date is unclear, the deadline cannot be calculated reliably. The glossary entry on the appeal deadline explains more.

Keep envelopes, delivery receipts and notifications. These records are decisive for establishing the start of the deadline in a comprehensible way and for not missing any deadline.

Evidence of ties and a look ahead to a reduction

Alongside the decision and the proof of service, evidence of your ties in Austria is important. This includes registration records, an employment contract, evidence relating to family members and proof of length of stay. These documents form the basis for the balancing exercise under Article 8 ECHR and for arguing against a disproportionate entry ban.

The duration of the entry ban follows from section 53 FPG. If circumstances have changed later, an application to lift or shorten it under section 60 FPG may come into consideration. For this too, current evidence of the changed circumstances is helpful, which is why an orderly collection is worthwhile.

Anyone who keeps the documents complete creates the basis for a substantive review. Deeper orientation is provided by the focus page on proceedings before BFA, BVwG and VwGH.

Practical step: Secure the decision and proof of service first, check the appeal deadline and add the remaining records afterwards. If needed, arrange an initial consultation (72 euros).

FAQ

Documents for the review.

Which document is the most important? +

The most important is the decision of the Federal Office for Immigration and Asylum. From it follow the reasoning of the entry ban, its duration set under section 53 FPG and the date of service. Without the complete decision the prospects of success cannot be assessed.

Why is the proof of service so important? +

The proof of service determines the start of the appeal deadline. The deadline as a rule is four weeks from service. Without the proof the start of the deadline cannot be reliably shown, which is why envelopes and delivery receipts should be kept.

Which evidence of ties is useful? +

Helpful are registration records, an employment contract, evidence relating to family members and proof of length of stay. These documents form the basis for the balancing exercise under Article 8 ECHR. Where circumstances have changed, they can also matter for an application to shorten the ban under section 60 FPG.

Go deeper

Related topics and terms

Proceedings before BFA, BVwG and VwGH

How the proceedings run from the authority to the court.

Federal Office for Immigration and Asylum

Which authority issues the decision on the entry ban.

Appeal deadline

How the deadline is calculated and why the proof of service counts.

Topics
DocumentsDecisionProof of serviceEntry ban

Entry ban, return decision, a running appeal deadline?

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