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Court order (migration law)
All information about the court order from the administrative court.
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About this Page
what a court order is
when a court order is issued
Action against a court order
tactical considerations regarding the court order
Table of Contents
1. What is a court order?
2. Legal background Court order
3. When is a court order useful?
4. Action against court order
5. FAQ Court decision (visa)
6. Conclusion Court decision (visa)
1. What is a court order in immigration law?
A court order is a special form of judicial decision in administrative law. The court order procedure is usually simpler and faster than a traditional court proceeding. Unlike a traditional judgment, a court order is issued by the administrative court without a hearing (Section 84 of the Administrative Court Code). The court therefore decides solely on the basis of the submitted pleadings and the case file. For those affected, this means a faster and often more cost-effective resolution of the legal dispute.
Court orders are particularly frequently used in residence permit proceedings, which are particularly straightforward. The court examines the factual and legal situation and makes a decision if it considers the case ready for decision and no oral hearing is necessary. An oral hearing is usually only unnecessary if the dispute is straightforward and no evidence is required (e.g., in purely legal matters).
2. Legal basis of the court order
The legal basis for the court order is Section 84 of the Administrative Court Act (VwGO) . According to this, the administrative court may issue a court order instead of a judgment if it considers the matter ready for decision and an oral hearing is not necessary. The court order is served on the parties in writing and is equivalent to a judgment – with the special feature that an oral hearing can be requested within one month (Section 84 (2) VwGO).
In immigration law, this type of procedure is used in many cases, especially when the factual circumstances are undisputed between the parties and the legal assessment is paramount. This is possible, for example, when a visa appeal against a rejection notice is completely clear and the defendant has no compelling counterarguments. For applicants, a court order often offers a faster resolution than a lengthy process with a hearing. Judges also prefer a court order to a judgment procedure, as a court order also means less work for the courts.
3. When is a court order useful?
A court order is useful if you are completely sure of your case. If, for example, a lawyer comes to the conclusion that he will definitely win the case based on the file, he can apply for a decision by court order. This often happens after the court has indicated in writing or by telephone that it would grant the claim. In these cases, from a lawyer's perspective, further negotiations with the opposing side are no longer worthwhile, especially if the defendant is stubborn and uncooperative or is slow and sluggish in responding. A court order can also help speed up proceedings in actions for failure to act or actions for the granting of a residence permit, since actions for failure to act often do not require the taking of evidence.
For applicants, a court order is particularly advantageous when they need a decision quickly and all relevant facts are already evident from their immigration and visa files. Nevertheless, it's important to be well informed about the tactical advantages and disadvantages, as there are situations in which an oral hearing may be more strategically expedient.
4. Action against a court order
A request for an oral hearing may be filed against a court order within one month of service ( Section 84 (2) of the Administrative Court Code ). This request must be submitted in writing to the administrative court and does not need to be substantiated. If such a request is filed, the court order becomes null and void, and the proceedings continue as a normal legal action with an oral hearing.
Anyone who accepts the court order should be aware, however, that they are thereby receiving a regular judgment, against which only the regular legal remedies (appeal or complaint against non-admission) are available (see Section 84 (3) of the Code of Administrative Court Procedure (VwGO). Legal advice is therefore strongly recommended to clarify whether a request for an oral hearing is advisable or not.
5. FAQ Court decision (visa law)
How much does a court order cost?
The costs are essentially the same as those for a judgment. However, the procedure is often cheaper because there is no oral hearing, so the attorneys' hearing fee is waived (if there is no fee agreement and the fee is billed according to the German Lawyers' Act (RVG)).
Can a court order also be negative for me?
Yes, the court can rule against you even without a hearing. Therefore, careful preparation of the lawsuit is crucial.
Is a court order a real judgment?
Yes, legally the court order is equivalent to a judgment (Section 84 (3) VwGO) – except that it is issued without an oral hearing.
How do I find out if the court is planning to issue a court order?
The court usually provides advance notice. The court then announces in writing or by telephone that a decision is planned through written proceedings. However, the parties' consent is advisable for this, as the court order only saves the court work if neither party requests an oral hearing after the order.
6. Conclusion: Court order in migration law
A court order is an effective tool in immigration law for quickly deciding cases without a hearing. This can be a significant advantage for applicants – for example, in cases of family reunification , labor migration , or student visas . At the same time, each affected person should consider whether a court order makes sense in their specific case or whether a request for a hearing should be filed. VISAGUARD helps you find the right strategy in administrative dispute proceedings – quickly, competently, and with expertise in immigration law.
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List of Sources (Paywall)
[1] Helge Sodan/Jan Ziekow in Sodan/Ziekow, Administrative Court Act | 5th edition 2018, § 84
[2] Visa Handbook, Administrative Dispute Procedure, as of: 03/2023