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Competent court (migration law)
All information on the subject-matter and local jurisdiction of administrative courts in visa law
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which jurisdiction rules apply in administrative law
which court is responsible
what applies with regard to local jurisdiction
Special rules on jurisdiction in visa law
Table of Contents
1. Jurisdiction Migration
2. Local jurisdiction of administrative courts
3. Subject matter jurisdiction Court proceedings Visa
4. Jurisdiction Court proceedings Visa
5. FAQ Jurisdiction VwGO and AufenthG
6. Conclusion Jurisdiction VwGO and AufenthG
1. Jurisdiction in migration law
In immigration law, it is crucial to address the right court. Anyone who wants to appeal against a rejected visa application , for example, needs to know which court has jurisdiction . In Germany, the Administrative Court Act (VwGO) and the Residence Act (AufenthG) regulate jurisdiction. Jurisdiction differs between subject-matter, geographic, and instance jurisdiction. In addition, there are specific regulations governing jurisdiction in visa law.
The jurisdiction of a court generally depends on the authority that issued the contested decision. In visa procedures, this is usually a German diplomatic mission abroad or the Federal Foreign Office. The special feature: Although the rejection notice is served abroad, the court has jurisdiction.
2. Subject-matter jurisdiction in the visa procedure
Administrative courts have primary jurisdiction over visa appeals, as visa and immigration law constitute a part of administrative law (public law disputes within the meaning of Section 40 of the Administrative Court Act ). Administrative courts are therefore the first instance for disputes in the area of public law, which also includes residence law. Therefore, anyone wishing to appeal against a visa rejection decision must do so before an administrative court—not a civil or labor court.
However, the subject-matter jurisdiction of administrative courts for immigration law is not all-encompassing. For example, ordinary district courts have special jurisdiction when a migration authority is sued for official liability . In the area of criminal residence law , the criminal courts, as part of the district and regional courts, have jurisdiction, as residence law is a so-called "special criminal law." Exceptions also exist in the area of private labor law (expat law) , where the relevant labor courts decide. For the vast majority of visa procedures, however, the following clearly applies: The administrative court has subject-matter jurisdiction.
3. Local jurisdiction of administrative courts
In addition to subject-matter jurisdiction , territorial jurisdiction must also be considered. The territorial jurisdiction of administrative courts is regulated in visa law in Section 52 of the Administrative Court Act (VwGO) . Section 52 of the VwGO determines which administrative court within Germany has jurisdiction to hear a lawsuit. While territorial jurisdiction in migration law is generally based on the seat of the authority (or, in asylum cases, on the foreigner's place of residence), there is a special overall jurisdiction in the area of visa procedures. Therefore, for lawsuits against the federal government, the court in whose district the federal government has its seat is deemed to have jurisdiction ( Section 52 No. 2 VwGO ).
Since the Federal Government and the Federal Foreign Office are based in Berlin, the Berlin Administrative Court (central visa court) always has jurisdiction over lawsuits against embassies and the Federal Foreign Office. This jurisdiction applies regardless of whether the decision was made in Germany or abroad. Embassies are merely a part of the Federal Foreign Office and not independent authorities within the meaning of administrative law (see Section 2 of the Administrative Court Act).
4. Jurisdiction in visa appeals
Finally, the jurisdiction of the administrative courts must also be considered. Visa appeals are always filed in the first instance with the administrative court (i.e., the local administrative court). A second instance – the Higher Administrative Court (OVG) or the Higher Administrative Court (VGH) – is only possible upon appeal against the first-instance judgment. For this to happen, the first-instance court must allow the appeal, or the Higher Administrative Court must allow the appeal upon request. A third instance, the Federal Administrative Court, is only appealed in so-called appeal proceedings .
For the majority of visa appeals, the proceedings end with the decision of the administrative court . Therefore, it is crucial to present convincing legal arguments and a structured statement of claim at the first instance. A lawyer specializing in immigration law can help ensure the best possible outcome before the competent court.
5. FAQ: Jurisdiction under the Administrative Court Act and the Residence Act
Which court has jurisdiction over visa appeals?
Generally, the administrative court in whose district the Federal Foreign Office or the Federal Government is located. This is the Berlin Administrative Court (VG Berlin).
Which court has jurisdiction over lawsuits against the immigration authorities?
For lawsuits against the immigration authorities, jurisdiction is determined by the location of the immigration authorities. You can simply enter the location of the immigration authorities on the judicial address portal ( Federal Directory of Places and Courts ), and the competent administrative court will be displayed.
What happens if I send the lawsuit to the wrong court?
In the worst case, a lawsuit filed in an incompetent court could be dismissed as inadmissible. However, this depends on the specific case. The court can also refer the case to the competent court (§§ 17 et seq. GVG).
6. Conclusion: Jurisdiction of the courts in visa law
Choosing the right court is crucial for a successful visa appeal. While subject-matter jurisdiction in immigration matters clearly lies with the administrative courts, local jurisdiction can vary depending on which authority issued the decision. However, for lawsuits against embassies, the Administrative Court of Berlin (the central visa court) always has jurisdiction. VISAGUARD supports clients in correctly determining jurisdiction and filing a lawsuit with the correct administrative court on time – professionally, efficiently, and with legal certainty.