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Visa lawsuit: appeal to the Federal Administrative Court
All information on appeals in visa law (Federal Administrative Court)
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About this Page
what an appeal procedure is
what special features apply to revisions in visa law
how the appeal procedure at the Federal Administrative Court works
when a revision of visa law makes sense
Table of Contents
1. Jurisdiction of the Federal Administrative Court (BVerwG)
2. Revision proceedings in visa law
3. Appeal to the Federal Administrative Court (BVerwG)
4. Scope of the revision document visa
5. FAQ Revision of visa appeal
6. Conclusion of the appeal against visa proceedings
1. Jurisdiction of the Federal Administrative Court (BVerwG)
The Federal Administrative Court (BVerwG) is the highest (regular) German administrative court and is responsible for appeals against judgments of the higher administrative courts. In visa appeal proceedings, it has exclusive jurisdiction over legal issues, not over factual findings. The prerequisite for an appeal is generally leave to appeal by the higher administrative court or the Federal Administrative Court itself (see Section 132 of the Code of Administrative Court Procedure ).
An appeal in visa law is therefore a special procedure that is not automatically possible. It can only be filed if the Higher Administrative Court's ruling is of fundamental importance, deviates from the highest court's case law, or serious procedural errors are alleged ( Section 132 (2) of the Code of Administrative Court Procedure (VwGO ). These strict requirements mean that appeals in visa law are rare, but highly relevant in certain cases.
2. Revision proceedings in visa law
The appeal procedure before the Federal Administrative Court focuses exclusively on the legal review of the lower court's judgment . It examines whether the Higher Administrative Court correctly applied federal law. New facts may not be introduced; the issue is solely concerned with the interpretation and application of laws (see Section 137 of the Code of Administrative Court Procedure ).
In visa law, appeals are particularly important when they involve recurring legal issues, such as the application of Section 5 of the Residence Act or the requirements for justification in visa rejections. The Federal Administrative Court (BVerwG) decides on the interpretation of the Residence Act, which has nationwide binding effect, and is of great importance for future cases.
3. Appeal to the Federal Administrative Court (BVerwG)
An appeal to the Federal Administrative Court must be filed in writing and comprehensively substantiated . This is a very time-consuming and complicated process, even for experienced and specialized attorneys. The substantiation must explain why the Higher Administrative Court's ruling violates federal law or contains serious procedural deficiencies. This involves stringent formal requirements that can only be reliably met by specialized attorneys.
The duration of an appeal procedure can vary greatly; it often takes one to two years to reach a decision. If the Federal Administrative Court grants the appeal, it overturns the judgment and either decides itself or refers the case back to the Higher Administrative Court. If the appeal is dismissed, the lower court's judgment remains in effect.
4. Scope of the appeal in visa law
The appeal is the central document of the proceedings. It must be filed within one month of service of the judgment, and the appeal must be justified in writing within a further two months ( Section 139 of the Code of Administrative Court Procedure ). The requirements for clarity, legal argumentation, and reference to the judgment under appeal are high.
Especially in visa law, providing justification is challenging, as the facts are often complex and the legal issues require a detailed examination of the right of residence. To increase the chances of success, precise and well-founded argumentation is essential.
5. FAQ Revision of visa appeal
When can an appeal be filed?
An appeal is only possible if the Higher Administrative Court allows it or if an appeal against non-admission is successful.
Can an appeal also be filed against decisions?
No, the appeal is directed against judgments, not against decisions.
What is a jump revision?
The parties are entitled to appeal against the judgment of an administrative court of first instance, bypassing the appeal court, if the plaintiff and the defendant agree in writing to the filing of the jump appeal and if the administrative court admits it in the judgment or upon application by order (so-called jump appeal, Section 134 VwGO).
Can I appeal myself?
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 an audit cost?
The costs depend on the value in dispute. Legal fees and court costs can easily amount to several thousand euros. Therefore, an individual assessment and consultation is essential.
6. Conclusion of the appeal against visa proceedings
An appeal to the Federal Administrative Court is (apart from a constitutional complaint and the European Court of Justice) the last resort for challenging a negative decision under visa law. It offers the opportunity to clarify fundamental issues and influence the application of the law nationwide. For those affected, an appeal is only worthwhile in selected cases. A thorough legal review and a well-founded statement of reasons for the appeal by experienced specialist lawyers are essential for a successful outcome. VISAGUARD can support you with specialized immigration law attorneys.