Personal ties need evidence.
New family or private circumstances should be submitted with concrete documents, dates and a short explanation.
Appeals
New circumstances after an entry ban decision
How new circumstances after an entry ban decision can be organised and used in appeal proceedings.
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.
6 July 2026 · Mag. Mirela Saric, Attorney at Law
Important facts can change between the authority’s decision, the appeal and the BVwG’s ruling. Family, work, education, health or housing can matter for proportionality.
New circumstances do not replace the appeal deadline and do not guarantee success. They must be evidenced and legally linked, especially to Article 8 ECHR and section 9 BFA-VG.
Classify changes
Has anything changed since the decision?
Answer one short question. You receive an initial orientation on which new circumstances should be organised.
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Has anything changed since the decision?
The answer shows which evidence may matter most.
All paths at a glance
Overview of all answers.
Integration must be traceable.
Employment, education or stable housing help only if they are placed in time and context.
Current evidence is crucial.
Health or special personal risks should be current, understandable and linked to the specific measure.
What can be a relevant new circumstance
What can be a relevant new circumstance
Relevant facts may have arisen after the decision or may not have been sufficiently considered in the decision. Examples include the birth of a child, new care duties, employment, education or health developments.
The point is not only that something is new. It must explain why the balancing of interests or threat assessment should be viewed differently.
Do not just collect evidence; explain it
Do not just collect evidence; explain it
New documents should be organised by date, issuer, content and importance. An employment contract without explanation says less than a short context on stability and future planning.
For family circumstances, the real relationship often matters: who lives with whom, who cares for whom, which dependencies exist and how regular contact is.
Using new circumstances during the appeal
Using new circumstances during the appeal
If the case is already before the BVwG, new circumstances should be submitted quickly and in an organised way. The link to the challenged decision should be shown.
File inspection remains useful. It shows which points the authority already considered and where a supplement truly adds something.
Distinction: This article concerns new circumstances in ongoing appeal proceedings. A later application to lift or shorten an entry ban under section 60 FPG is a separate step.
FAQ
New circumstances after the decision
Can I submit new documents after the decision? +
Yes. New or insufficiently considered documents can matter if their relevance is explained.
Which new circumstances often matter? +
Family, private life, work, education, housing, health and developments since the decision are often relevant.
Is this the same as an application under section 60 FPG? +
No. New circumstances during an appeal and a later section 60 FPG application must be distinguished.
Topics
New circumstancesAppealBVwGEntry ban
Entry ban, return decision, a running appeal deadline?
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