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Visa lawsuit: Appeal proceedings at the Higher Administrative Court of Berlin-Brandenburg
All information on the visa appeal process in Berlin.
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About this Page
what an appeal procedure is
what “leaving an appeal” is
how the appeal process works in visa law
When an appeal in visa law makes sense
Table of Contents
1. Jurisdiction of the Higher Administrative Courts
2. Appeal procedure in visa law
3. Admission of the appeal (migration law)
4. Appeal to the Higher Administrative Court of Berlin-Brandenburg
5. FAQ Appeal Procedure Visa Lawsuit
6. Conclusion of the visa appeal proceedings
1. Jurisdiction of the Higher Administrative Courts
In German administrative procedural law, the Higher Administrative Courts (OVG) (sometimes referred to as Administrative Courts (VGH)) are the second instance after the administrative courts. They are responsible for appeals, i.e., for the legal review of first-instance judgments if certain requirements are met (Section 124 of the Administrative Court Code ). In the case of visa appeals against decisions of German diplomatic missions abroad, the Higher Administrative Court of Berlin-Brandenburg is responsible in Berlin and Brandenburg .
Anyone who has applied for a visa and lost a rejection decision before an administrative court may, under certain circumstances, file an appeal . An appeal opens up a new opportunity to have the decision reviewed – but this is not automatic. This generally requires that the administrative court grants leave to appeal or that an application for leave to appeal to the Higher Administrative Court is successful (see Section 124a of the Code of Administrative Court Procedure).
2. Appeal procedure in visa law
The appeal process in visa law usually begins with an application for leave to appeal , unless the court of first instance has already allowed this in its judgment. The application must be filed within one month of service of the judgment and substantiated within a further two months (see Section 124a of the Administrative Court Code (VwGO ). The appeal allows for a renewed, comprehensive legal and – within certain limits – factual review of the decision. The Higher Administrative Court collects the necessary evidence and decides on the merits itself. However, it can also refer the case back to the administrative court of first instance in the cases covered by Section 130 (2) VwGO.
In visa law, the appeal process is particularly relevant when fundamental issues are involved or the first-instance judgment appears to be legally flawed. Unlike in summary proceedings, an appeal in visa appeals can take months, but it offers a second chance for a favorable ruling – especially if the administrative court has not sufficiently addressed certain aspects of the case. The Higher Administrative Court examines the dispute within the appeal application to the same extent as the administrative court. It also considers newly presented facts and evidence (Section 128 of the Code of Administrative Court Procedure). However, preclusion of new evidence is possible (Section 128a of the Code of Administrative Court Procedure).
3. Admission of the appeal (migration law)
Not every losing party can automatically file an appeal. Rather, the administrative court must expressly grant leave to appeal – for example, if the legal matter is of fundamental importance, if the ruling deviates from the highest court's case law, or if procedural errors have occurred. If the appeal is denied, an application for leave to appeal can be filed with the competent Higher Administrative Court within one month.
In immigration law, especially in visa appeals , the granting of leave to appeal is crucial. The requirements for a successful application for leave to appeal are high. It is not enough to simply be dissatisfied with the decision—specific legal errors must be demonstrated. A specialized lawyer can be crucial in meeting the formal and substantive requirements.
4. Appeal to the Higher Administrative Court of Berlin-Brandenburg
The Berlin-Brandenburg Higher Administrative Court, based in Berlin, is responsible for appeals from Berlin and Brandenburg . If an appeal is denied in visa proceedings before the Berlin Administrative Court, an application for leave to appeal can be submitted to the Higher Administrative Court. If this application is accepted, the actual appeal process begins, in which the case is heard again.
The address and contact details of the Higher Administrative Court of Berlin-Brandenburg are as follows:
Higher Administrative Court of Berlin-Brandenburg
Hardenbergstrasse 31
10623 Berlin
Tel.: 9 01 49-80 and -89 20 (Press)
Fax: 9 01 49-88 08
5. FAQ Appeal Procedure Visa Lawsuit
When can I appeal a visa decision?
Only if the administrative court has allowed the appeal or you have successfully filed an application for leave to appeal with the Higher Administrative Court.
How long does the appeal process at the Higher Administrative Court of Berlin-Brandenburg take?
The process can take several months to over a year. The duration depends on the individual case and the court's workload.
What are the chances of success of an appeal in visa law?
The chances of success depend very much on the case. With well-founded legal arguments and clear procedural errors, the chances of success can be good. However, a general assessment is not possible.
Can I file an appeal myself in administrative and immigration law?
No, before the Federal Administrative Court and the Higher Administrative Court, the parties must be represented by legal representatives, except in legal aid proceedings (Section 67 (4) VwGO).
How much does a visa appeal process cost?
Court fees for appeal proceedings are higher than those for the first instance. The same applies to attorney fees. The exact costs depend on the individual case and can be calculated using a court fee calculator .
6. Conclusion of the visa appeal proceedings
The appeal process before the Higher Administrative Court of Berlin-Brandenburg can be an important opportunity to correct erroneous decisions in visa procedures. It provides a second legal review instance, but is subject to strict formal requirements. Admission of the appeal is the first hurdle, which requires careful preparation.
An appeal can be particularly useful in complex cases where fundamental rights are affected or new legal issues arise. Anyone wishing to appeal a visa appeal to a second instance should seek legal advice early on and be aware of the tight deadlines. VISAGUARD helps you take the right steps.