Money available
Order source and evidence. The next step is to order documents and chronology specifically, rather than referring to the situation in general.
Immigration detention
Financial security instead of immigration detention: Section 77 FPG
Financial security under Section 77 FPG: source of funds, duties, evidence and repayment.
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19 August 2026 · Mag. Christopher Angerer, Rechtsanwalt
Financial security in immigration detention is not a general buy-out, but a specific form of alternative measure under Section 77 FPG. It may matter where the purpose of securing proceedings can be achieved without detention.
This article does not repeat the general guide to alternatives. It focuses on source of funds, evidence, duties, repayment and the distinction from bail in pre-trial detention.
Security track
Is financial security realistic as an alternative?
Financial security needs more than money. Source, availability, accommodation and reliability matter.
Already know you want to send an enquiry? Go straight to the contact form.
What is already secured?
Financial security needs more than money. Source, availability, accommodation and reliability matter.
All paths at a glance
Overview of all answers.
Accommodation exists
Evidence availability. The next step is to order documents and chronology specifically, rather than referring to the situation in general.
Duties unclear
Understand conditions. The next step is to order documents and chronology specifically, rather than referring to the situation in general.
Already detained
Link appeal and alternative. The next step is to order documents and chronology specifically, rather than referring to the situation in general.
Section 77 FPG names financial security
Section 77 FPG names financial security
Section 77 FPG lists financial security alongside accommodation and reporting duties. It is therefore a statutory alternative to immigration detention if the securing purpose can be achieved by it.
The amount never stands alone. The authority checks whether the person remains available, complies with duties and whether the security can actually secure the proceedings.
Evidence source of funds and reliability
Evidence source of funds and reliability
Family should not merely state that money is available. Source of funds, account information, willingness to pay, relationship to the person concerned and a clear allocation of responsibility matter.
Accommodation, reporting address, phone, documents and a realistic explanation of availability are often needed too. Financial security does not replace cooperation.
Not criminal bail and no guarantee
Not criminal bail and no guarantee
Financial security under Section 77 FPG is not the same as bail in pre-trial detention. Legal basis, purpose and authority differ. Immigration detention secures immigration measures, not criminal-procedure detention grounds.
Even a high amount does not guarantee release. The decisive question remains whether an alternative is sufficient in the individual case and detention would be disproportionate.
Evidence check
What can support financial security
The overview helps separate this specialist topic from existing core content.
| Point | Evidence | Purpose |
|---|---|---|
| Money Money | account, source, payer | show reliability |
| Accommodation Accommodation | address, confirmation | secure availability |
| Reporting Reporting | station, dates | plan cooperation |
| Repayment Repayment | comply with duties | understand risk |
Financial security is only one element. Proportionality of detention remains decisive.
Important: Financial security should be presented with accommodation, availability and a duty plan. An amount alone is usually too little.
FAQ
Questions affected persons and families often ask
Is financial security the same as bail? +
No. Financial security under Section 77 FPG is an alternative measure in immigration detention law and differs from bail in pre-trial detention.
Must a specific amount be offered? +
The amount depends on the case and authority assessment. Source, reliability and cooperation matter more than a generic number.
Can financial security prevent immigration detention? +
It can support an alternative if, together with accommodation, availability and duties, it sufficiently secures the purpose.
In depth
Further topics on haftrecht.at
Immigration detention overview
The topic page on requirements, duration and remedies in immigration detention.
Alternatives to immigration detention
Further article with practical separation from the current topic.
Immigration detention complaint
Further article with practical separation from the current topic.
Duration of immigration detention
Further article with practical separation from the current topic.
Family and minors in immigration detention
Further article with practical separation from the current topic.
Topics
immigration-detentionfinancial-securitysection-77-fpgalternativeevidence
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