The deadline has priority.
Secure the decision, service date and all letters. Then check which legal step or statement is needed to preserve rights.
Proceedings
Right to be heard and BFA statement
Why the right to be heard before the BFA matters in entry ban cases and how a focused statement should be prepared.
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.
5 July 2026 · Mag. Mirela Saric, Attorney at Law
Before the authority relies on facts for an entry ban, the relevant circumstances must be clarified. The right to be heard gives the person concerned an opportunity to respond to adverse points.
A useful statement is not a general life story. It should address the concrete allegations, the threat assessment and the private or family ties that matter for proportionality.
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Do you need to file a statement before the decision?
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Do you need to file a statement before the decision?
The answer shows which checkpoint should be secured first.
All paths at a glance
Overview of all answers.
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.
Identify the adverse points first
Identify the adverse points first
The authority letter or record often shows which circumstances are considered critical. Those points must be understood before evidence is collected.
General assurances are rarely enough. Concrete documents and explanations are more useful than broad statements.
Structure the statement carefully
Structure the statement carefully
A statement should answer the authority’s points in a clear order: facts, legal context, personal ties and evidence. This makes the proportionality argument easier to follow.
Documents on family, work, residence, care duties and integration should be attached in an organised way.
Check deadline and service
Check deadline and service
A statement may have its own deadline. It must not be confused with the later appeal deadline. Both dates serve different purposes.
If a decision has already been served, the focus shifts to appeal, deadline and suspensive effect.
Important: A statement should answer the authority’s points specifically. General assurances do not replace evidence.
FAQ
Right to be heard and BFA statement
What does the right to be heard mean? +
It means that the person concerned should be able to respond to relevant facts before the authority relies on them.
Should I react immediately to a BFA letter? +
If a deadline is set, it should be taken seriously. First check which points need to be answered and which documents are required.
Can a statement prevent an entry ban? +
It can help if it provides concrete facts and evidence. Whether it is enough depends on the individual case.
Topics
Right to be heardStatementBFAEntry ban
Entry ban, return decision, a running appeal deadline?
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