A detailed legal commentary published on 26 September 2026 by Salzburg-based immigration boutique Brandauer Rechtsanwälte sheds light on a little-known—but increasingly invoked—measure in Austria’s Fremdenpolizeigesetz (Alien Police Act). Section 43 FPG allows border authorities to issue a so-called “Transit Safeguard” if a traveller’s onward flight fails, a connecting state refuses entry or a required airport-transit visa is missing. In practical terms, the safeguard empowers the police to order the passenger to depart immediately, confine them to a designated area of the airport, and stamp a special remark in the travel document. The article breaks down the three statutory triggers, explains how carriers can be held liable for accommodation and return costs, and lists the documents travellers should collect if they intend to challenge the measure before Austria’s Federal Administrative Court. Why does this matter for global mobility managers? Airlines have been cancelling and re-routing flights more frequently since the introduction of the EU Entry/Exit System in April. When a connection collapses, assignees without the right transit visa—or with a questionable travel history in EES—risk being stuck in Vienna or Salzburg airports under the Transit Safeguard. The stamped remark can complicate future Schengen applications unless it is removed through a formal court finding. Brandauer’s guidance recommends that employers pre-screen itineraries for visa-national layovers and equip travellers with evidence of onward reservations and sufficient funds. If the safeguard is applied, HR should obtain the written departure order, boarding passes, and any refusal notice from the next state within 24 hours to preserve appeal rights. Although the commentary is not an official government document, it is the first consolidated explanation of Section 43 since the regulation was amended in January 2025. Mobility teams would do well to integrate its checklists into their travel-risk protocols before the busy winter conference season begins.
Source: Einreiseverbot Legal Journal
