Order and legal basis: prüfen
Document symptoms, findings, medication and deterioration in writing.
Illness in immigration detention: medical care, barriers to removal, fitness for detention and proportionality.
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.
Illness does not automatically end immigration detention. Actual care, travel risk, removal prospects and proportionality matter.
Check whether the person is receiving current medical care, whether examinations or treatment are still pending, and whether the illness actually affects the detention conditions or the planned removal. A diagnosis alone does not answer these questions. The relevant assessment concerns current findings, the concrete burden and the care that can realistically be reached.
The further assessment should consider the legal grounds for detention, its duration, the authorities’ cooperation, travel documents and a realistic removal prospect together. Keep medical findings, applications, official replies and dates in an orderly record. This makes it possible to assess whether detention conditions should be adjusted, another measure is available or an application to end detention is justified.
Sections 76 and 80 FPG require an individual review of purpose, necessity, duration and proportionality. In W154 2309738-3 of 16 July 2026, the Federal Administrative Court addressed removal, health and detention issues.
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Separate the legal basis, implementation and remedy.
Document symptoms, findings, medication and deterioration in writing.
A barrier to removal must concern the actual journey and treatment.
Review purpose, duration, health and alternatives together.
Document symptoms, findings, medication and deterioration in writing.
A barrier to removal must concern the actual journey and treatment.
Review purpose, duration, health and alternatives together.
Review the legal basis, specific measure and remedy separately.
| Point | Question | Records |
|---|---|---|
| Order and legal basis Which examination or treatment is missing? | Decision, record | |
| Concrete implementation Why is the actual removal impossible? | Decision, record | |
| Legal protection and records Is continued detention proportionate? | Decision, record |
The individual file and current law are decisive.
Important: The concrete legal and factual situation must be assessed.
Document symptoms, findings, medication and deterioration in writing.
A barrier to removal must concern the actual journey and treatment.
Review purpose, duration, health and alternatives together.
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.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 660 2407152