Einreiseverbot
Entry ban

Entry ban after prison: reviewing duration and risk assessment after the Federal Administrative Court decision

Immigration-law review after prison: decisions, SIS, family life, Section 60 FPG and remedies.

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.

31 August 2026 · Mag. Mirela Saric, Attorney at Law

After a Federal Administrative Court decision, the next step is not automatically another factual hearing. First read the operative part, reasoning, service and remedy requirements. The duration of an entry ban needs a reasoned and proportionate current risk assessment.

This article separates the immigration-law review from criminal defence and general prison-law advice.

Assess your situation

Which issue should be checked first?

Answer one short question. The assessment shows which documents should be organised first.

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01 Question 1

What is the main issue in your case?

The answer separates SIS data, new circumstances, evidence and remedies.

All paths at a glance

Overview of all answers.

01

Clarify SIS and status.

The specific alert, residence permit and departure must be compared with the decisions and official information.

02

Document new circumstances.

Family life, care, work or other new facts need a timeline and reliable evidence.

03

Organise the decision chain.

Service, finality, departure, duration and current evidence belong in one chronology.

Separate the operative part, duration and risk

The decision may confirm, shorten, lift or refer the matter back. The operative part and remedy information control, not only the heading.

Whether an entry ban is permissible and whether its duration is proportionate are separate questions. A conviction alone does not answer the duration issue.

Documents and timeline

After a Federal Administrative Court decision, the next step is not automatically another factual hearing. First read the operative part, reasoning, service and remedy requirements. The duration of an entry ban needs a reasoned and proportionate current risk assessment.

Keep the decision, service and current evidence in one consistent timeline.

Check the next step

Start with the operative part and service date. Then separate the permissible duration from current risk and list the evidence needed for the available remedy.

Practical point: The specific review depends on the decision and the available documents.

Newsletter: You can follow developments on entry bans, residence and immigration deadlines in the Brandauer Newsletter.

FAQ

Frequently asked questions about the next review.

Does a new review start automatically after release? +

No. Release is a factual date, but it does not replace review of the decision or the statutory requirements for the next step.

Is another EU residence permit enough? +

Not automatically. The permit, Austrian decision, SIS data and departure must be reviewed together.

Which documents matter first? +

The decision and proof of service, proof of departure or removal, travel documents, residence permit and current evidence.

Topics
Federal Administrative CourtVwGHPrison releaseRisk assessment

Entry ban, return decision, a running appeal deadline?

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