The right to appeal and contest an asylum decision in Germany

Title:
The Right to Appeal and Challenge an Asylum Decision

Introduction

Asylum procedures in Germany are complex. At the end of the process, an asylum application either leads to a residence permit (Aufenthaltserlaubnis) or to a decision requiring the person to leave Germany. This article explains the right to appeal and challenge asylum decisions and how applicants can make use of these legal options.

The final outcome of an asylum application

When an asylum application is submitted to the Federal Office for Migration and Refugees (Bundesamt für Migration und Flüchtlinge – BAMF), the result can be either positive or negative.

In the case of a positive decision, the applicant is granted a residence permit.
If the application is rejected, the person is generally obliged to leave the country.

Deadlines for departure:

In the case of a regular rejection, the person is given 30 days to leave Germany.
If the rejection is based on a finding that the application is insufficiently substantiated or “obviously unfounded”, the deadline may be reduced to 7 days.

Measures following a rejection

If the person concerned does not leave Germany within the specified period, the immigration authority (Ausländerbehörde) can order a forced deportation.

The return to the country of origin is then organised by the authorities. In certain situations, however, they may:

postpone the deportation, or
issue a temporary residence permit or a toleration status in order to suspend deportation.

The right to appeal and lodge a complaint

When an asylum application is rejected, applicants may use legal remedies to challenge the decision. Generally, two types of rejection are distinguished:

Regular rejection:
The person has 30 days to leave Germany.
Qualified or strict rejection:
The person is given only 7 days to leave the country.

Time limit for appeal:
Asylum seekers usually have two weeks from the date they receive the rejection notice to lodge an appeal or file an action with the competent administrative court.
The appeal must be submitted quickly, and it is strongly recommended that applicants seek assistance from a lawyer (Rechtsanwalt / Rechtsanwältin).

The rejection letter explains in writing:

the exact time limit, and
which legal remedies are available (legal information on appeals).

The role of the court

The administrative court examines the BAMF’s decision both legally and factually.

If the court finds that the conditions for protection are met, it overturns the BAMF’s decision and obliges the authority to grant protection (for example, refugee status, subsidiary protection or a national ban on deportation).
If the court confirms that the rejection was lawful, the appeal is dismissed and the BAMF’s decision remains valid. In that case, the person must leave Germany.

If the person cannot leave the country

If the person does not leave voluntarily, the immigration authority (Ausländerbehörde) may enforce departure by deportation.

If deportation is not possible for legal or practical reasons, the authority may:

issue a temporary residence permit, or
grant a temporary suspension of deportation (toleration) in order to regulate the stay and temporarily stop the removal.

The right to bring an action

Asylum seekers have the right to challenge a BAMF decision before the administrative court. This right is guaranteed by the Asylum Act.

There is no strict requirement to be represented by a lawyer. This means that, in principle, applicants may file the action themselves. In practice, however, legal representation is usually very helpful and can significantly improve the chances of success.

Conclusion

The right to appeal and challenge an asylum decision is a key element of the German asylum system. It gives applicants the opportunity to have BAMF decisions reviewed and to present their reasons for protection in full.
Asylum seekers should be aware of the applicable deadlines and procedures and should seek advice early in order to effectively safeguard their rights.

The editorial team of our website strives to provide accurate information based on careful research and multiple sources. Nevertheless, errors may occur or certain details may be incomplete. Please regard this article as an initial guide and always consult the relevant authorities or specialised counselling centres for binding and up-to-date information.