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Visa law: Legal action before the Berlin Administrative Court
All information on legal proceedings at the Berlin Administrative Court (VG Berlin).
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About this Page
when the Berlin Administrative Court is responsible
how the legal proceedings at the VG Berlin work
how to file a lawsuit with the VG
what special features apply in Berlin
Table of Contents
1. Jurisdiction of the Administrative Court of Berlin for visa matters
2. Facts about the Berlin Administrative Court
3. File a visa complaint with the Administrative Court of Berlin
4. Berlin Comparison
5. FAQ VG Berlin
6. Conclusion VG Berlin
1. Jurisdiction of the Administrative Court of Berlin for visa matters
The Berlin Administrative Court is the central court nationwide for visa lawsuits against German diplomatic missions abroad (see Section 52 No. 2 of the Administrative Court Code (VwGO ). If a visa application is rejected at a German embassy or consulate abroad, the Berlin Administrative Court is generally responsible – regardless of the country in which the application was submitted. This is due to the central organization of the Federal Foreign Office, whose administrative headquarters are located in Berlin.
This special jurisdiction means that almost all lawsuits against visa decisions made by German diplomatic missions abroad are heard in Berlin – even if the person concerned has never lived in Germany. This often comes as a surprise to applicants abroad. Therefore , legal representation with experience at the Berlin Administrative Court is recommended to ensure the lawsuit is handled correctly from the outset.
2. Facts about the Berlin Administrative Court
The Berlin Administrative Court is the largest administrative court in Germany . The address of the Berlin Administrative Court is as follows:
Address and contact details:
Berlin Administrative Court
Kirchstr. 7
10557 Berlin
Phone: (030) 9014 - 0
Fax: (030) 9014 - 8790
The Administrative Court of Berlin has many years of experience with disputes concerning residence and visa law and handles a large number of cases in this area each year. Jurisdiction for visa proceedings is distributed across all court divisions. Each division at the Administrative Court of Berlin has a specific area of jurisdiction according to the allocation plan (e.g., construction law) and additional responsibilities in visa law. In contrast, other administrative courts in Germany sometimes have special divisions for immigration law.
3. File a visa complaint with the Administrative Court of Berlin
The visa action at the Administrative Court of Berlin is an action for annulment or a Counterclaim for refusal . This is intended to compel the Federal Foreign Office to issue the visa and revoke the refusal decision. This requires that an application has previously been submitted and a refusal decision issued. Alternatively, the visa appeal can also be filed by way of an action for failure to act ( a date-based action ) . The action must be submitted in writing and within one month of receiving the refusal decision. In the case of a date-based action, booking an appointment is required, which is impossible for three months (unless there is an urgent case or emergency ).
A lawyer can be hired to file a lawsuit, but this is not mandatory . In practice, however, legal assistance is advisable, as the lawsuit must meet certain minimum requirements and often involves complex legal arguments. The Federal Foreign Office conducts thousands of such cases simultaneously, so embassies have very routine strategies. Plaintiffs must find a way to deal with this.
4. Special features: The "Berlin Comparison"
A special feature of the Berlin Administrative Court is the so-called"Berlin Settlement." This is a mutually agreed solution between the plaintiff and the administration: The lawsuit is withdrawn, and in return, the Foreign Office agrees to issue the visa. This approach is often used to achieve a faster resolution. Critics also note that the Berlin Settlement is effectively a blackmail strategy by the Foreign Office.
The Berlin Settlement Agreement is an important tool, especially for visa procedures involving family reunification , marriage , or professional reasons . It saves time and money and can help avoid lengthy court proceedings. However, this is only possible if both parties are willing to reach an agreement and the court supports the proposed settlement.
5. FAQ: Berlin Administrative Court in visa procedures
How long does a procedure at the VG Berlin take?
The duration can vary greatly – many cases are concluded within three to six months, and even faster with a Berlin settlement. However, the duration depends on the scope of the case and the workload of the relevant chamber.
Do I need a lawyer to file a visa appeal with the Berlin Administrative Court?
No, but it's recommended. Lawyers are familiar with court procedures and can significantly increase the success of a lawsuit.
Does the Berlin Administrative Court have its own legal aid office?
Yes, the Berlin Administrative Court has its own Legal Applications Office located at Kirchstraße 7 (Room 0103). The filing of lawsuits and applications at the Legal Applications Office is only possible by prior appointment by phone (appointments can be made by calling (030) 9014-8602 Monday to Friday from 9:00 a.m. to 1:00 p.m.).
Does the Legal Aid Office at the Berlin Administrative Court help with visa disputes?
No, the Legal Aid Office only assists with formalities. It does not offer advice over the phone or in person, including on visa matters.
6. Conclusion
The Berlin Administrative Court is the central court for visa lawsuits against German diplomatic missions abroad. For those affected worldwide, the Berlin Administrative Court is therefore often the first port of call for legal protection. Anyone wishing to file a lawsuit should observe the formal requirements and seek legal assistance if necessary. However, if you wish to file a lawsuit yourself, the Berlin Administrative Court also has its own legal aid office.
List of Sources (Paywall)
[1] Hofmann (ed.), Aliens Law, 3rd edition 2023