Appeal before the Administrative Court (Verwaltungsgericht): deadlines and procedures

Appealing before the Administrative Court (Verwaltungsgericht)
Legal deadlines and procedures after an asylum refusal in Germany

When the Federal Office for Migration and Refugees (BAMF) issues a decision rejecting an asylum application, it does not necessarily mean the end of the road. An asylum seeker has the right to file a court appeal before the Administrative Court (Verwaltungsgericht). However, it is crucial to follow the exact deadlines and procedural steps, because any delay or formal mistake can lead to losing the legal right to appeal.

First: Types of refusal decisions by BAMF

1. Simple refusal (Einfache Ablehnung)
BAMF rejects the application without labeling it as “manifestly unfounded.”
→ You can appeal within 14 days.

2. Refusal as manifestly unfounded (Offensichtlich unbegründet)
BAMF considers the application to have no valid grounds.
→ The appeal must be filed within 7 days, and you must also submit an urgent request to suspend deportation (Eilantrag).

3. Formal refusal (Formelle Ablehnung) due to Dublin or a repeated application
→ The appeal deadline is 7 days, and you must submit both a lawsuit/appeal (Klage) and an urgent request (Eilantrag).

Legal deadlines for filing the appeal

The time limit starts from the day after you receive the decision in person or by mail.

Steps and procedures for the appeal

1. Read the decision carefully
Check whether it is “Offensichtlich unbegründet” or “Einfach.” Read the legal instructions at the end (Rechtsbehelfsbelehrung).

2. Contact a lawyer immediately
Preferably a lawyer specialized in asylum and immigration law. If you cannot afford legal fees, you can apply for state-funded legal aid (Prozesskostenhilfe).

3. File the appeal (Klage)
Submit it in writing to the competent Administrative Court (Verwaltungsgericht). It should include:

• the claimant’s name and BAMF as the defendant authority

• BAMF file number (Aktenzeichen)

• a copy of the refusal decision

• a brief outline of the reasons for the appeal (can be expanded later)

4. Submit an urgent request (Eilantrag)
If the decision includes an immediate deportation order, you must file an Eilantrag to suspend deportation until the court decides.

5. Wait for the court’s response
The court may request additional information or schedule a hearing. In some cases, it may decide based on the file without a public hearing.

6. Court decision

• If the court accepts the appeal: the BAMF decision is annulled and the asylum file can be reconsidered.

• If the appeal is rejected: the BAMF decision becomes final and deportation may proceed, unless further remedies before higher courts are possible.

Competent court
Usually, the competent court is the Administrative Court responsible for the area where you live or where your reception center (Erstaufnahmeeinrichtung) is located.

Important notes

• Do not wait until the last day of the deadline—act immediately.

• If you do not submit the urgent request on time, deportation may be carried out even if you have filed an appeal.

• If the appeal is filed within the deadline, you are generally allowed to stay in Germany while the court is examining the case.

Summary
Appealing before the Administrative Court is an important legal right after an asylum refusal, but it is tied to very short deadlines that must be respected strictly. Sometimes, the difference between acceptance and rejection is just one day or a missing document—so it is strongly recommended to contact a lawyer or a legal aid organization as soon as you receive the decision.

— The website’s writers and editors strive to provide accurate information through extensive research and consultation of multiple sources. However, errors may occur or some information may be unconfirmed. Please treat this content as initial guidance and always consult the competent authorities for confirmed and binding information.