Secure the documents first.
Secure the decision, annexes, proof of service and all authority letters. Without complete documents, review remains uncertain.
Proceedings
Seizure of phones, passports and documents in immigration proceedings
Seizure under sections 38 and 38a FPG concerns evidence, data carriers, confirmation, return and later consequences.
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.
20 August 2026 · Mag. Mirela Saric, Attorney at Law
When a phone, passport or documents are seized in immigration proceedings, this is more than a practical inconvenience. The measure can affect identity, travel documents, removal steps and a later entry-ban assessment.
Sections 38 and 38a FPG concern seizure and analysis of data carriers. The person concerned should know why confirmation, documentation and return review matter.
This article is not written as a criminal-law or general data-protection piece. The focus is the immigration procedure.
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What is most urgent in your situation?
This does not replace legal advice, but helps with first orientation.
All paths at a glance
Overview of all answers.
Deadlines take priority.
If a deadline or appointment is running, service should be checked immediately. Substantive arguments only help if they are raised in time.
The decision needs concrete review.
Whether a step makes sense depends on wording, reasons, evidence and the current procedural stage.
Assessment
What must be distinguished in a seizure
Not every item and not every data point has the same function.
| Item | Possible purpose | Review point |
|---|---|---|
| Passport or travel document | identity, departure, removal | confirmation, custody, return |
| Phone or data carrier | indications on identity, route or contacts | section 38a FPG, scope of analysis |
| Written documents | evidence for procedure or stay | link to file inspection in entry-ban proceedings |
Do not overlook confirmation and return
Do not overlook confirmation and return
After a seizure, it should be clear which items are affected. Unclear or missing documentation makes later review harder.
Return is not merely an organisational issue. If documents are needed for deadlines, identity or remedies, copies or file inspection must be clarified quickly.
Identity documents are closely linked to cooperation on identity and travel documents.
Data carrier analysis needs particular care
Data carrier analysis needs particular care
Phones often contain a large amount of private information. In immigration proceedings, not every detail is automatically relevant.
Reason, scope, recording and later use should be clarified. Translation problems or technical misunderstandings may also matter.
If new allegations arise from the analysis, evidence applications before the BVwG may be needed before the BVwG.
Process
Steps after a seizure
- 01Documentation01Documentation
Request and secure confirmation
Item, date and authority are recorded.
- 02File02File
Check reason and legal basis
Sections 38 and 38a FPG are read separately.
- 03Use03Use
Identify use in the procedure
What conclusion is drawn from the item?
- 04Return04Return
Clarify return or copies
Important documents must not be practically lost.
Practice point: For seized data carriers, avoid spontaneous explanations about technical details that you cannot assess safely. First check confirmation, file content and reasons.
FAQ
Frequently asked questions on seizure in immigration proceedings.
May the authority check my phone in immigration proceedings? +
Section 38a FPG contains rules on data carrier analysis. Whether a specific measure was lawful depends on reason, scope and documentation.
What if my passport was taken? +
Secure the confirmation and clarify why the passport is needed. This can be decisive for deadlines, departure and identity issues.
Is this automatically a criminal case? +
No. This article concerns seizure in immigration proceedings. Other proceedings may have to be reviewed separately.
Topics
SeizureData carriersImmigration proceedingsEvidence
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.
Contact
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Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000