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Visa appeal: Will there be a court hearing?
- Mirko Vorreuter, LL.B.
- Sep 15
- 3 min read
Many people who appeal against a visa denial sooner or later ask themselves: Do I have to appear in person for a hearing before the administrative court ? This uncertainty is especially acute if you are still abroad and are denied entry to Germany for precisely this reason. The idea that you have to enter Germany for a court hearing, even though that is precisely what was denied, seems contradictory – and in practice, it often is. Therefore, it's worth taking a closer look at how visa appeals actually work and when an oral hearing is necessary.
When does the court order an oral hearing?
Although oral hearings are generally required in administrative proceedings, they are not a mandatory part of every lawsuit . Whether a hearing will take place is decided by the court. The decisive factor is whether the presence of the parties is necessary to clarify certain issues. This may be the case, for example, if a so-called party examination is to take place, i.e., if the plaintiff himself must be questioned. Witness testimony may also lead to a hearing being scheduled.
Such situations, however, rarely occur in visa appeals. Administrative courts know that anyone appealing a visa rejection is generally not allowed to enter the country. Attending a court hearing in person is therefore almost impossible. Therefore, courts almost always waive oral arguments in visa proceedings if the plaintiff is still abroad.
How does the court process then proceed?
In practice, visa appeals are therefore usually conducted in writing and by telephone . This so-called written preliminary procedure allows the court to gain a comprehensive understanding of the case without the parties having to appear in person. Arguments, evidence, and statements are exchanged in written submissions . The decision can also be issued in writing – in the form of a so-called court order . This is a fully-fledged court decision issued without a hearing.
If the court nevertheless concludes that an oral hearing is necessary, there are technical solutions. For example, a request can be made to conduct the hearing via video conference . With the increasing digitalization of the justice system, this has become a highly effective option, especially for proceedings with an international dimension. Another option is to engage a specialized lawyer based at the location of the competent court. In visa appeals, the Berlin Administrative Court has jurisdiction in almost all cases, so it is advisable to engage an experienced Berlin-based specialist lawyer specializing in immigration law .
Conclusion of oral hearing in visa appeal
Whether a visa appeal is held in person depends on the specific case. In practice, however, this is rather the exception. The courts know that plaintiffs from abroad cannot enter the country as long as their visa is denied. Therefore, visa proceedings are almost always conducted in writing – without an in-person court appearance. If oral hearings are held, they are usually conducted over the telephone. Even the decision can be made without a hearing, through a court order. Should the court nevertheless deem an oral hearing necessary, there are now technical solutions such as video hearings. Alternatively, a specialized local lawyer can represent the interests of the person affected.
