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Visa lawsuit: What is the Berlin settlement?
Everything about the court settlement and the “Berlin Settlement” (visa law).
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About this Page
what a court settlement is
what the Berlin comparison is (visa)
how a court settlement is concluded
when a court settlement makes sense
Table of Contents
1. What is a court settlement?
2. Judicial settlement in migration law
3. Advantages of a comparison
4. Berlin Settlement (Court)
5. FAQ Court Settlement/Berlin Settlement
6. Conclusion of the court settlement/Berlin settlement
1. What is a court settlement?
A court settlement is an agreement between the parties to a court case, reached during an ongoing trial. The settlement then replaces the court decision and concludes the proceedings in a legally binding manner (see Section 106 of the Administrative Court Code (VwGO ). Both parties—for example, a plaintiff and the immigration authorities—agreed on a specific solution, which is recorded by the court and legally secured.
Instead of a lengthy judgment, a settlement can quickly create legal certainty . Such a settlement is a sensible alternative, especially in complicated cases where time is of the essence (e.g., in urgent cases and for interim measures ). The court is not a party to the dispute but mediates between the interests – often with a concrete proposal for the settlement. In these cases, the court acts, in a sense, merely as a mediator and conciliator.
2. Judicial settlement in migration law
In immigration law—particularly in cases involving visa rejections—a court settlement can be an elegant solution. For example, the diplomatic mission abroad agrees to reconsider a visa application or to grant the visa directly , without the court having to rule on the merits. This formally terminates the proceedings without issuing a judgment with comprehensive reasons.
Such settlements are attractive to applicants because they often lead to a re-examination or even visa issuance more quickly. The administration also saves time and resources. In administrative and immigration law, it is common for settlements to be conducted partly over the telephone (with the court acting as mediator). The judge then simply speaks to the parties on the phone in turn and ultimately presents the final settlement proposal to the parties.
3. Advantages of a comparison
A court settlement provides planning security and avoids a judgment that is uncertain for both parties. Applicants who need quick clarity or a second chance in the visa process particularly benefit from this. They save time and stress – and sometimes even money. The court is often also interested in a settlement between the parties, as drafting and concluding a court settlement in visa law is significantly less laborious than drafting an entire judgment or decision. Court settlements therefore always conserve court resources.
In addition, a settlement remains more discreet than a judgment , which can be published. This is particularly advantageous in sensitive cases involving immigration law. Attorneys can specifically incorporate wording into the settlement that increases the likelihood of a subsequent positive decision by the foreign mission – without any loss of face for the authority. This significantly increases the chances of reaching a settlement in contentious cases.
4. What is the “Berlin Comparison”?
A common form of court settlement in visa law is the so-called " Berlin Settlement ." It is used particularly in cases where a lawsuit has been filed against a visa rejection. In this settlement, the foreign mission agrees to grant the visa (usually immediately or sometimes even in court). In return, however, the plaintiff must withdraw the lawsuit and bear the costs. This gives the plaintiff the opportunity to "buy" the visa and thus avoid a potentially months or years of legal battle.
Critics describe the Berlin Settlement as an " extortionist strategy " by the Federal Foreign Office: Visa offices often simply buy time during court proceedings and hope that the visa process will resolve itself (e.g., because the job expires). Applicants are therefore often forced to agree to the settlement and bear the costs of the court proceedings, even though they would otherwise win the case. Unfortunately, the Berlin Settlement has become the norm in many visa procedures, as few applicants are willing to pursue a procedure to its conclusion if a visa is offered in exchange for withdrawal of the lawsuit.
5. FAQ Court Settlement and Berlin Settlement
What is a court settlement in administrative court proceedings?
In administrative law, a legal dispute is resolved when a court settlement is reached. The content of the settlement is determined by the parties.
What happens if the settlement fails?
The legal proceedings then continue. A failed settlement has no impact on the rights of the parties; the process returns to normal.
Can a settlement be revoked?
In principle, no. A validly concluded settlement is binding (unless a so-called right of revocation has been included in the settlement) and terminates the proceedings. A settlement can only be reversed under strict circumstances, e.g., in cases of deception.
What is the Berlin settlement (visa and migration)?
In the so-called Berlin settlement, the Foreign Office undertakes to issue the visa immediately if the plaintiff files the lawsuit
withdraws and bears the costs of the proceedings.
Is the Berlin settlement legally challengeable?
The Berlin Settlement Agreement is legally permissible, but is viewed critically. Legally, it is voluntary, but in practical terms, applicants are forced to accept it due to external circumstances.
6. Conclusion: When is a comparison of visa law worthwhile?
A court settlement in immigration law can be a prudent solution – especially if both parties are interested in a quick, pragmatic solution. In many cases, it is the shortest route to a new visa review or issuance – especially when time or life plans are at stake. In these cases, the "Berlin Settlement" is often concluded, in which the plaintiff receives the visa and has to bear the costs of the proceedings.