Wie lange kann ich gegen die Schubhaft Beschwerde erheben?

Während der gesamten Haft und bis sechs Wochen nach ihrem Ende. Zuständig ist das Bundesverwaltungsgericht (§ 22a BFA-VG).

Wie schnell entscheidet das Gericht?

Über die Fortsetzung der Schubhaft muss das Bundesverwaltungsgericht binnen einer Woche entscheiden, außer die Haft endet vorher (§ 22a Abs 2 BFA-VG).

Wann ist Schubhaft zulässig?

Nur wenn sie zur Sicherung des Verfahrens oder der Abschiebung notwendig ist, Fluchtgefahr besteht und sie verhältnismäßig ist (§ 76 FPG). Reichen gelindere Mittel, etwa eine Meldepflicht, ist Schubhaft unzulässig.

Detention pending deportation: what to do now.

Has a relative or friend been taken into detention pending deportation (Schubhaft)? People in detention still have rights, and an appeal against detention (Schubhaftbeschwerde) is worth it more often than many people think.

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Quick guide

What has happened?

In short

Detention pending deportation (Schubhaft) is not a punishment. Its purpose is to secure proceedings or a deportation.
Appeal to the Federal Administrative Court (BVwG): during detention and up to six weeks afterwards.
The court decides on continued detention within one week.
A home address, family, health and documents are important.

Detention pending deportation

Not a prison sentence

Detention pending deportation is not a punishment. Its purpose is to secure proceedings or a deportation. After the arrest, the Federal Office for Immigration and Asylum (BFA) issues a detention order (Schubhaftbescheid) and must keep the detention as short as possible. Not everyone who is taken into detention pending deportation is deported.

Legal remedy

The appeal against detention (Schubhaftbeschwerde)

Detention pending deportation can be challenged by an appeal (Beschwerde) to the Federal Administrative Court, during the entire detention and also up to six weeks after it ends. The BFA often fails to observe formal requirements, which is why an appeal is frequently worthwhile.

The chances depend, among other things, on whether there is a passport or a return travel certificate (Heimreisezertifikat), whether family members with a right of residence live in Austria, whether there is a place to stay and whether the person is ill.

Contact

How to reach us from detention

Every detainee has the right to inform a person of trust and a lawyer about the arrest. Ask a police officer or contact the social support service (Soziale Betreuung).

Wanted

The police are looking for me. Will I be detained pending deportation?

Not automatically. The police may also want to deliver a letter or ask for information. What matters is whether there is already an arrest warrant, a return travel certificate or a deportation date. We clarify this for you with the BFA.

Deportation

What happens during a deportation

Once all documents are available, the BFA sets a date. The deportation takes place by bus or plane, accompanied by the police. Anyone who resists risks coercive measures and a criminal complaint. A voluntary departure can shorten the detention; the social support service helps to organise it.

Next steps

What you should do now

Contact a lawyer immediately and arrange a visit
Have an appeal against detention examined and filed
Organise a home address where the person can be reached by the authorities
Have the passport and identity documents ready if a voluntary departure is an option

From our practice: A client was to be transferred to Lithuania and was taken into detention pending deportation. The Supreme Administrative Court (VwGH) set the decision aside: under the Dublin III Regulation in force at the time, Lithuania was no longer responsible because the visa had expired more than six months earlier. Read the case (in German) →

Questions we get asked

Detention pending deportation: short answers

How long can I appeal against detention pending deportation?

During the entire detention and up to six weeks after it ends. The Federal Administrative Court is responsible (§ 22a BFA-VG).

How quickly does the court decide?

The Federal Administrative Court must decide on continued detention within one week, unless the detention ends earlier (§ 22a para 2 BFA-VG).

When is detention pending deportation lawful?

Only if it is necessary to secure the proceedings or the deportation, there is a risk of absconding and it is proportionate (§ 76 FPG). If less severe measures are sufficient, such as a duty to report to the police, detention pending deportation is unlawful.

What if the Federal Administrative Court confirms the detention?

This decision can also be challenged within six weeks by a revision (Revision) to the Supreme Administrative Court (VwGH) or a complaint to the Constitutional Court (VfGH). This also applies to the ruling that the detention may be continued. The revision is filed with the Federal Administrative Court. It must be signed by a lawyer.

Initial consultation at a flat fee

We visit you in detention, file the appeal and represent you before the Federal Administrative Court.

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Appeal against detention

Until when can you appeal?

Answer one question. We show you which deadline applies.

Are you (or is the person concerned) still in detention pending deportation (Schubhaft)?

Yes, still in detentionThe person is currently detained.

No, already releasedThe detention has ended.

For guidance only. This is not legal advice. Deadline: six weeks after the end of detention (§ 22a para 1a BFA-VG, § 7 para 4 VwGVG). If it ends on a Saturday, Sunday, public holiday, Good Friday or 24 December, the next working day applies (§ 33 para 2 AVG). As of October 2026, source: RIS.