Secure location and time.
Ask for the police unit, file number and time custody began. Without this basis, it remains unclear which authority is acting.
Immigration detention
Arrest order before immigration detention: police custody and BFA decision
Arrest order before immigration detention in Austria: police custody, BFA decision, notice, power of attorney and first steps.
Your personal attorney
Mag. Christopher Angerer, Rechtsanwalt
Your lawyer for detention and deprivation of liberty
When someone is in custody, every hour counts. One lawyer who accompanies you personally, from the detention review hearing to release.
25 July 2026 · Mag. Christopher Angerer, Rechtsanwalt
An arrest order before immigration detention is often difficult for relatives to understand. The person is with the police, the BFA decision may not yet be clear and the transition to detention can happen quickly.
It is important not to confuse this first phase with a criminal arrest. The focus is immigration police custody, BFA competence and whether detention or a less restrictive measure is lawful.
Quick assessment
What must be clarified in the first hours?
The assessment separates police custody, BFA decision and first documents.
Already know you want to send an enquiry? Go straight to the contact form.
Which information is missing first?
Choose the point currently open.
All paths at a glance
Overview of all answers.
Review decision and service record.
The BFA decision is the central starting point for legal remedy. Service, language, reasons and appeal information matter.
Organise power of attorney and notice.
A quick power of attorney helps with file access and contact. Relatives should keep identity documents, contact details and language needs ready.
Not every custody is a criminal arrest
Not every custody is a criminal arrest
Immigration police custody is not pre-trial detention and does not involve a criminal custody judge in the same way. Police and the BFA may be involved. Terms, file numbers and legal basis must be read carefully.
Relatives often receive only brief information. Still, they should not guess. A short written question list helps clarify police unit, competence and next step.
Why the BFA decision matters immediately
Why the BFA decision matters immediately
The BFA decision shows whether detention was ordered, which reasons are given and what appeal information is included. Without it, the legal review remains incomplete.
Language, service, date, time and the person’s understanding of the decision matter. If there are communication problems, documentation of interpretation may also be relevant.
Which documents relatives should collect
Which documents relatives should collect
Useful documents include power of attorney, identity copy, registration address, accommodation proof and medical records. If the family has contact with the person, the time and form of that contact should also be noted.
These documents do not replace legal review. They make it easier to prepare an appeal or an application for a less restrictive measure quickly.
Legal remedy before the later detention appeal
Legal remedy before the later detention appeal
A later detention appeal benefits from clean work in the first hours. Whoever documents location, time, decision and communication can make errors in reasoning or service more visible.
From a legal perspective, the key is not only to react emotionally. The legal track must be organised early.
First hours
Which information matters first
The overview helps relatives structure the first response.
| Information | Why it matters | First step |
|---|---|---|
| Location Location | No contact without location | Ask for police unit |
| Decision Decision | No review without decision | Request photo |
| Language Language | Understanding may matter legally | Note interpreter need |
| Power Power | File access needs basis | Prepare authority |
This overview does not replace file access.
Brandauer newsletter: Current notes on detention, prison law and legal remedies are also available at brandauer-news.at.
Frequently asked questions
What relatives ask in the first hours
Is an arrest order the same as pre-trial detention? +
No. Immigration detention concerns police custody under immigration law. Criminal pre-trial detention is separate.
May I ask where the person is? +
Yes. Relatives should ask for the police unit, file number and next procedural step and document the answer.
When is legal help useful? +
As soon as a BFA decision or detention order is involved, legal remedy should be reviewed quickly.
Topics
arrest-orderimmigration-detentionpolice-custodybfaappeal
Arrest? Detention? Warrant?
When liberty is at stake, every hour counts. Call us directly or send an email, callback within one business day. In urgent cases, we are also available outside office hours.
Contact
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Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 660 2407152