Einreiseverbot
DE EN BKS
Menü
Proceedings

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.

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.

Call directly +43 662 6280000 WhatsApp Send email Book initial consultation (72 euros)
3 July 2026 · Mag. Mirela Saric, Attorney at Law

An appeal against an entry ban is directed to the Federal Administrative Court. For many of those affected the question arises of how representation can be financed. This is where legal aid comes in, which under certain requirements enables support in the proceedings.

Legal aid under section 8a VwGVG is intended to ensure that people with limited means can also exercise their rights in the appeal proceedings. It is tied to requirements and is granted on application. The contested decision bases the entry ban on section 53 FPG.

The short self-check below helps you place your own situation. We then explain the requirements, the application and the importance of observing the deadline.

Place your situation

Is legal aid available in the appeal proceedings?

Answer one or two questions about your means and the prospects of success. 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

Can you meet the costs of representation in the appeal proceedings?

Legal aid under section 8a VwGVG requires that the costs cannot be met without impairing your necessary maintenance.

All paths at a glance

Overview of all answers.

01

The requirements for legal aid appear capable of being met.

If your own means are not sufficient and the appeal against the entry ban does not appear hopeless from the outset, legal aid under section 8a VwGVG may be available. Depending on the grant it includes the assignment of legal counsel. The application is to be filed with the Federal Administrative Court.

It is important that the appeal deadline is observed. The application for legal aid and the timely appeal should be coordinated so that no deadline is missed.

02

Where there are sufficient means, legal aid is not provided for.

If the costs of representation can be borne without impairing your necessary maintenance, legal aid is not provided for. That does not change the fact that an appeal against the entry ban is possible. The deadline and the reasoning remain the same, only the financing comes from your own means.

Even without legal aid an early clarification of the prospects of success is worthwhile. This allows the effort to be planned sensibly.

03

The prospects of success should be examined first.

Whether an appeal against the entry ban does not appear hopeless can be assessed only after a look at the decision and its reasoning. What is decisive is the risk assessment and the balancing of proportionality. Only then can it be assessed whether the requirements for legal aid are met.

Keep the decision and the documents on your ties to hand. This basis is important both for the appeal and for the application for legal aid.

Requirements for legal aid under section 8a VwGVG

Legal aid under section 8a VwGVG may be available where the means needed to conduct the proceedings cannot be met without impairing your necessary maintenance. Your income and asset circumstances are examined. In addition, the intended appeal must not appear manifestly frivolous or hopeless.

The contested decision bases the entry ban on section 53 FPG, that is on a risk assessment and the duration set. The prospects of success of the appeal depend on whether substantive arguments can be put forward against this reasoning. A look at the decision is therefore the starting point of any examination.

Legal aid is not a guarantee of a particular outcome but support in accessing the proceedings. The glossary entry on the Federal Administrative Court explains more.

Application and observing the deadline

The application for legal aid is to be filed with the Federal Administrative Court. In it the income and asset circumstances are to be set out. If legal aid is granted, depending on its scope it can include the assignment of legal counsel. The court decides on the application.

What is decisive is that the deadline is not missed. The appeal deadline begins with service of the decision and as a rule is four weeks. The application for legal aid and the timely appeal should be coordinated so that the deadline is observed. The entry on the appeal deadline explains more.

Anyone who acts in good time secures access to the proceedings. A missed deadline can only be repaired in narrow exceptional cases, which is why coordinating the application and the appeal is important.

Important: An application for legal aid does not release you from observing the appeal deadline. Make sure that the deadline is not missed while the application is being decided. Anyone uncertain should coordinate the steps and arrange an initial consultation (72 euros).

FAQ

Legal aid before the Federal Administrative Court.

Who can apply for legal aid? +

Legal aid under section 8a VwGVG may be available where the necessary means cannot be met without impairing your necessary maintenance. In addition, the intended appeal must not appear manifestly frivolous or hopeless. The Federal Administrative Court decides on the application.

Must I observe the appeal deadline despite the application? +

Yes. An application for legal aid does not release you from observing the appeal deadline. The deadline begins with service of the decision and as a rule is four weeks. The application and the appeal should be coordinated so that the deadline is observed.

What does legal aid cover? +

The scope depends on the grant. Legal aid can, among other things, include the assignment of legal counsel. It is support in accessing the proceedings and says nothing about the outcome of the appeal.

Go deeper

Related topics and terms

Proceedings before BFA, BVwG and VwGH

How the proceedings run from the authority to the court.

Federal Administrative Court

What role the court plays in the appeal proceedings.

Appeal deadline

How the deadline is calculated and why it must be observed.

Topics
Legal aidFederal Administrative CourtAppealEntry ban

Entry ban, return decision, a running appeal deadline?

In immigration law, deadlines and the right argumentation decide. Call us directly or send an email, callback within one business day.

+43 662 6280000 [email protected] Book initial consultation (72 euros)
Contact

A direct line to the firm.

Address

BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg