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Administrative courts and administrative judges (visa law)
This is how the administrative courts and administrative jurisdiction function in Germany in migration law.
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About this Page
how the branches of the courts are regulated in Germany
how the judiciary is structured in Germany (court hierarchy)
what an administrative judge (migration law) is
which laws apply to administrative courts
Table of Contents
1. Judicial branches in Germany
2. Administrative process (migration law)
3. Which laws apply to administrative courts (visa law)
4. Rules for administrative judges (including rapporteurs)
5. FAQ
6. Conclusion
1. Judicial branches in Germany
In Germany, jurisdiction is divided into various branches (e.g., criminal law (StPO), civil law (ZPO), and social law (SGG); see Sections 1 et seq. of the GVG ). General administrative jurisdiction is responsible for immigration law, as immigration law is part of public law or administrative law (so-called special administrative law). It exists alongside ordinary jurisdiction (civil and criminal courts) and special jurisdictions (e.g., social and financial courts). Administrative recourse is always available when someone wishes to defend themselves against a public law measure or the omission of an authority – for example, when a visa application is rejected or a residence permit is not extended. Administrative courts are therefore a central component of the granting of justice in immigration law.
Administrative courts function not only as a supervisory authority for the administration, but above all as guarantors of individual legal protection . Foreign nationals, regardless of their nationality, also have the right to seek judicial protection against state decisions under Article 19, Paragraph 4 of the Basic Law. Administrative jurisdiction assumes the role of the "third branch of government" in a democratic state (the judiciary) and ensures the constitutional oversight of state action. In migration issues, which often affect fundamental rights such as the right of residence or family protection, this judicial oversight is indispensable.
2. Administrative process (migration law)
If a negative decision is issued – for example, regarding the granting of a visa or residence permit – an appeal can be filed against the rejection decision (provided no objection is required). The appeal process is clearly regulated: The Administrative Court (VG) is the first instance to hear the appeal, the Higher Administrative Court (OVG) is the second instance, and the Federal Administrative Court (BVerwG) in Leipzig is the final instance. Above the Federal Administrative Court are the Federal Constitutional Court (BVerfG) and the European Court of Justice (ECJ) or the European Court of Human Rights (ECHR) . However, these courts are no longer part of the ordinary appeal process in Germany.
The courts examine both the factual and legal situation independently and comprehensively. In migration law, urgent legal protection proceedings ( Section 80 (5) VwGO and Section 123 VwGO ) are particularly common, as the issuance of a visa often only becomes particularly urgent when there is a risk of harm. The action for failure to act ( Section 75 VwGO ) is also a particularly frequently used legal remedy in residence law, as many immigration authorities are extremely overburdened, which is why waiting times for residence permits, visas, and naturalizations are generally very long.
3. Which laws apply to administrative courts (visa law)
In administrative law, the provisions of the Administrative Court Act (VwGO) primarily apply in court. These regulations govern when a claim is admissible, what legal remedies are available, and how the administrative court conducts the proceedings—for example, through the taking of evidence or oral hearings. The VwGO thus forms the procedural backbone of administrative court proceedings.
The Administrative Court Procedure Act (VwGO) is supplemented by the Courts Constitution Act (GVG) and the German Judges Act (DRiG) . These laws contain fundamental provisions on the structure of the courts, judicial independence, and the organization of the judiciary. While the Administrative Court Procedure Act (VwGO) regulates the "how" of administrative court proceedings, the GVG and DRiG establish the institutional framework within which these proceedings take place.
4. Rules for administrative judges (including rapporteurs)
The judges at the administrative courts are independent – this is guaranteed by Article 97 of the Basic Law . This independence is not only formal, but also substantive: Neither the Federal Foreign Office (embassies) nor the immigration authorities can influence the decisions. This is particularly important in migration law, because political debates strongly influence administrative action here. Judicial independence guarantees that those affected can expect a neutral and fair decision – a decision that is subject solely to the law. With a lawyer at your side, procedural fairness is guaranteed, as a lawyer has the knowledge and skills to assert themselves against judges (e.g. with a complaint, appeal or review), if the legal situation allows it.
Within the court, the so-called rapporteur is often the central figure: He or she prepares the case and structures the decision. In administrative law, the decision is generally made by a chamber, i.e., a panel consisting of several judges (see Sections 5 and 6 of the Code of Administrative Court Procedure ). In practice, however, it is usually the case that the rapporteur serves as a single judge . This is provided for by law, and the transfer to a single judge usually occurs right at the beginning of a court case, unless any of the parties object.
5. FAQ
What is an administrative court?
An administrative court is a state court that decides on public law disputes – such as lawsuits against immigration authorities or visa decisions.
Who may sue before the administrative court?
Any person, regardless of nationality, affected by a government measure can file a lawsuit before an administrative court. Legal entities such as companies can also file lawsuits.
How long does a procedure take?
It depends on the individual case. Urgent proceedings often take only a few days or weeks. Non-urgent proceedings generally take 3-9 months, and in rare cases, several years (depending on the court's workload).
Is a lawyer mandatory?
There is no obligation to have a lawyer before the administrative court, but it is strongly recommended in immigration law.
6. Conclusion
Administrative courts in Germany play a key role in protecting the rights of migrants. Those seeking to challenge erroneous or unlawful decisions by authorities – for example, regarding visas, residency, or naturalization – can find independent judges there who will review the government's decisions. Those affected are reassured to know that the rule of law also applies to immigration law. VISAGUARD supports you in this process – with legal clarity and experience in dealing with German administrative courts.
List of Sources (Paywall)
[1] MüKoZPO | Court Constitution Act (GVG) | 6th edition 2022