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Inspection of files (administrative law)
This is how you apply for access to files from the authority or the court.
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About this Page
what inspection of files is
Difference between access to files in court and authority
Access to files without a lawyer
Request access to files at the State Office for Immigration
Table of Contents
1. What is access to files
2. Access to files Legal basis
3. Request access to files (authority)
4. Request access to files (court)
5. FAQ Access to files
6. Conclusion of inspection of files
1. What does access to files mean?
Access to files is a central instrument in administrative law and a fundamental procedural right of (foreign) applicants (see Section 29 of the Administrative Procedure Act ). It allows affected individuals to inspect the administrative or judicial documents relating to their case. This is particularly important in migration law, as decisions regarding visas, residence permits, or deportations are made on the basis of these files. Those requesting access to files receive information about the facts, assessments, and legal evaluations underlying the decision.
Particularly in visa and residence law, access to the files can be crucial for successfully challenging a negative decision. Those familiar with the official file can raise specific objections or file an appeal . Access to the files is also possible without legal representation, but is often used more specifically by a specialized attorney , for example, to uncover procedural errors or to supplement specific evidence.
2. Access to files: legal basis
The most important legal basis for access to files at public authorities is Section 29 of the Administrative Procedure Act (VwVfG) . According to this law, a person involved in the proceedings must be granted access to the files upon request , provided that no legitimate third-party interests or official confidentiality interests conflict with this. In court proceedings, access to files is governed by Section 100 of the Administrative Court Act (VwGO) .
Access is usually provided by sending copies, by email, by post, or through special file access portals—e.g., at the LEA Berlin or via the nationwide file access portal. The exact method of file access depends on the authority or court . Some authorities and courts send the files by post or electronically; some make the files available only for inspection in the authority or court building. Public prosecutors' offices often send the original paper file by mail for lawyers to review for up to three days.
3. Request access to files from the authorities (State Office for Immigration (LEA))
Anyone wishing to request access to files at a foreigners' registration office or the State Office for Immigration should submit an informal letter stating the file number and a reason. In Berlin, for example, digital access to files is available via the LEA service portal . A corresponding application for access to files must be completed there and then submitted to the LEA (see Access to Foreigners' Files and Naturalization Files LEA Berlin ). In other cities, such as Munich, access to files can be requested by mail or email. It is often sufficient to invoke Section 29 of the Administrative Procedure Act (VwVfG) and state one's legitimate interest.
Processing times can vary greatly depending on the authority. If the file inspection form has been completed completely and correctly, access to the files in Berlin is possible within a few days (up to seven days). If the application has to be manually assigned to a file, it usually takes several weeks. Access can also be provided by an authorized representative—such as a lawyer. The fee is usually €11 . Accessing the visa file at the embassy may be more expensive.
4. Request access to the court files
In court proceedings, access to files is granted under Section 100 of the Administrative Court Procedure Code (VwGO). Once administrative court proceedings are pending—for example, following a counterclaim against a visa refusal —access to the administrative file can be requested through the court. In practice, this is often done through the appointed attorney, who is provided with the original or a copy of the file. Private individuals can also request access to files from the court themselves.
The right to inspect files also applies, to a limited extent, to the investigation files of the public prosecutor's office in criminal law. However, there are exceptions, for example, when investigators or confidential information must be protected. Therefore, access to files is only granted by the public prosecutor's office during the investigation and never by the police. If you wish to inspect your investigation file, we recommend that you engage a specialized lawyer.
5. FAQ Frequently asked questions about access to files in migration law
Is it possible to inspect files without a lawyer?
Yes, this is generally possible – both with government agencies and in court proceedings. However, government agencies often refuse to grant private individuals access to their files and, if at all, only make the files available for inspection in the agency's offices instead of transmitting them.
How long does the file inspection take?
This depends on the authority or court. In Berlin, the LEA usually takes a few days if the application can be directly assigned to the file using the residence permit's serial number. Otherwise, it takes longer.
Are there other ways to access files?
Yes, if you are not entitled to access the files as a party involved (Section 13 of the Administrative Procedure Act), there is the option to access the files through the Freedom of Information Act (IFG) or through general information rights. Some federal states also have specific information rights. Journalists also have the option of obtaining information through press law.
6. Conclusion: Access to files in visa and residence law
Access to files is a valuable tool for protecting your rights in the immigration process. It provides transparency and allows you to thoroughly review and, if necessary, challenge decisions made by the immigration authorities or the court. Knowing what's in the file allows you to respond in a targeted manner—be it by filing an objection, a lawsuit, or submitting additional documents. Whether with an authority like the Berlin Office for Migration and Refugees (LEA Berlin) or in court proceedings—VISAGUARD supports you in your application and ensures that you can effectively enforce your rights. Rely on our experience in immigration law and use access to files as a strategic tool on the path to obtaining your visa or residence permit .
List of Sources (Paywall)
[1] Visa Handbook, Decision and File Management, as of May 2021
[3] Bergmann / Dienelt, Aliens Law, 15th edition 2025,