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Appeals
Preliminary appeal decision and referral application in entry ban cases
What a preliminary appeal decision and referral application mean in Austrian entry ban proceedings.
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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.
5 July 2026 · Mag. Mirela Saric, Attorney at Law
After an appeal against an entry ban, the authority may in certain cases issue a preliminary appeal decision itself. The next question is whether a referral application to the Federal Administrative Court is needed.
The terminology is technical, but the practical point is simple: a new deadline may start when the preliminary decision is served.
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Clarify the procedure and service first.
If the measure or service date is unclear, file status, contents of the decision and start of the deadline should be sorted first.
Preparation can later be decisive.
Collect evidence early. A later statement or appeal is stronger when it is based on concrete documents.
Meaning of the preliminary appeal decision
Meaning of the preliminary appeal decision
Under the VwGVG, the authority may decide on the appeal by preliminary appeal decision where the statutory requirements are met. It may remedy, amend or reject the appeal.
The decisive question is whether the outcome is acceptable. If it is not, a referral application must be considered.
Referral application and deadline
Referral application and deadline
The referral application leads to court review by the administrative court. The deadline is generally two weeks from service of the preliminary appeal decision.
This is a separate deadline. It must not be confused with the original appeal deadline. Service date and contents should be checked immediately.
Strategy after partial rejection
Strategy after partial rejection
If the authority remedies only part of the case, the remaining points should be checked precisely. Sometimes the issue is only duration, reasoning or proportionality.
A referral application should explain why court review is still necessary and identify the remaining objections.
Important: A preliminary appeal decision does not automatically close the way to the BVwG. Without a timely referral application, it may become final.
FAQ
Preliminary appeal decision and referral application in entry ban cases
What is a preliminary appeal decision? +
The authority decides again after an appeal. It may remedy, amend or reject the case.
What is the deadline for a referral application? +
It is generally two weeks from service of the preliminary appeal decision. The exact service date must be checked.
Do I always need a referral application? +
No. It depends on the content of the preliminary decision and on the remaining legal objective.
Topics
Preliminary appeal decisionReferral applicationBVwGEntry ban
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