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Objection (administrative law)
All information on visa appeals.
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About this Page
which is a contradiction
Difference between objection and remonstration
how to lodge an objection
when an objection should be lodged
Table of Contents
1. What is a contradiction in migration law?
2. When can an objection be lodged (migration law)?
3. How do I file an objection?
4. How can an objection be formulated (sample)?
5. FAQ Objection in migration law
6. Conclusion Contradiction in migration law
1. What is a contradiction in migration law?
An objection pursuant to Section 68 of the German Administrative Court Act (VwGO) is a formal legal remedy against official decisions that violate a person's rights. In immigration law, this primarily concerns official acts of the immigration authorities and, if applicable, the foreign representations. Anyone who disagrees with a decision by an immigration authority or the German embassy can legally defend themselves by filing an objection.
The objection serves to have a decision by a higher authority within the administration reexamined without having to resort to a court . It is therefore an important component of administrative legal protection. The objection must be distinguished from the so-called remonstration – this is primarily filed with German diplomatic missions abroad during visa procedures, where a traditional objection procedure is not provided for.
2. When can an objection be lodged (migration law)?
In principle, an appeal is permissible under Section 68 of the Administrative Court Act (VwGO) in immigration law, as immigration law is part of administrative law. However, there are numerous special features regarding appeals under residence law. For example, the appeal procedure has been completely abolished in most federal states (see, for example, Section 110 of the JustG NRW (North Rhine-Westphalia) or Section 8a of the AG VwGO LSA (Saxony-Anhalt)). This also applies to Berlin, at least as long as the rejection results in an obligation to leave the country (see Section 4 (2) of the AGVwGO ).
Even if an appeal is admissible in your federal state, you should note that appeals generally have no suspensive effect under residence law (see Section 84 of the Residence Act ). This also applies to the rejection of an application for the issuance or extension of a residence permit. Objections and legal action against the rejection of an application for the issuance or extension of a residence permit have no suspensive effect. This means that in the event of a negative decision (which leads to an obligation to leave the country), an order for suspensive effect must be applied for as soon as possible (see Section 80 of the Administrative Court Act [VwGO]) to prevent the decision from being enforced.
3. How do I file an objection?
An objection must be filed in writing or recorded with the body that issued the decision (see Section 70 of the Administrative Court Code (VwGO ). This is usually stated directly in the rejection notice (instructions on legal remedies). It is important that the objection clearly indicates which decision it is directed against . Providing reasons for the objection is not mandatory, but is recommended - particularly in migration law, as this often requires a detailed legal and factual discussion. The objection is best submitted with legal assistance, as complex regulations apply, particularly in immigration law. In certain cases, e.g. decisions by the Federal Office for Migration and Refugees (BAMF), the objection must be directly linked to a lawsuit - special rules apply here.
The appeal period is generally one month from the notification of the administrative decision (Section 70 of the Administrative Court Code). Without instructions on legal remedies, the period is extended to one year. Therefore, those affected should carefully follow the instructions on legal remedies provided in the decision. These mandatory deadlines also apply to immigration law.
4. How can an objection be formulated (sample)?
A simple letter of objection in immigration law initially contains the usual information of a business letter , i.e., sender's details, the date, the file number, and a statement that an objection is being lodged against the decision of [date]. Ideally, this is followed by a legal justification outlining the errors in the decision—e.g., incomplete clarification of the facts or incorrect application of the law.
A sample objection might look something like this:
"I hereby lodge an objection against the decision dated [date], served on [date]. The decision is unlawful because..."
The exact wording depends on the individual case. VISAGUARD recommends that you do not simply adopt templates without checking them, but rather have them professionally adapted.
5. FAQ Objection in migration law
What happens after the objection?
The authority will re-examine the decision. It will either grant the appeal or issue a notice of appeal. This notice can be challenged before the administrative court.
When is it better to file a lawsuit immediately?
In the case of decisions by the BAMF or in the Dublin procedure, immediate legal action is necessary due to special statutory provisions.
6. Conclusion Contradiction in migration law
An objection is a key tool for defending yourself against erroneous decisions by immigration authorities – quickly, effectively, and out of court. However, in visa practice, the objection plays only a minor role, as it has been abolished in most federal states, has no suspensive effect according to Section 84 of the Administrative Court Code (VwGO), and is or was replaced in the visa process by the so-called remonstration (before the remonstration procedure was abolished). VISAGUARD supports you in filing objections in a legally secure, timely manner, and with the maximum chance of success. Our specialized lawyers will review your decision individually and help you assert your rights – throughout Germany and, upon request, also in remonstration proceedings with foreign diplomatic missions.
List of Sources (Paywall)
[1] Visa Handbook, Remonstration Procedure, as of March 2023
Visa Handbook, Decision and File Management, as of May 2021
[2] Visa Handbook, Administrative Dispute Procedure, as of: 03/2023
[3] Oberhäuser, Migration Law in Advisory Practice (Nomos)