In Germany, there are three appeal levels in asylum cases:
 

• Administrative Courts (Verwaltungsgerichte) for the first appeal;
• Higher Administrative Courts (Oberverwaltungsgericht) for the second appeal; and
• Federal Administrative Court (Bundesverwaltungsgericht) for a final appeal.
   

After exhaustion of these remedies, a constitutional complaint may be lodged before the Federal Constitutional Court (Bundesverfassungsgericht) for violations of constitutional provisions, e.g. fundamental rights.
 

The Asylum Act (Asylgesetz, AsylG) lays down special provisions for administrative court procedures in asylum-related disputes under Sections 74-83c, which prevail over general procedural law under the Code of Administrative Court Procedure (Verwaltungsgerichtsordnung, VwGO). If the AsylG does not stipulate divergent provisions, the general procedural law (the Code of Administrative Court Procedure (VwGO) and the Code of Civil Procedure (Zivilprozessordnung – ZPO)) applies.
 

First appeal instance: The first appeal in the asylum procedure takes place before one of the 51 Administrative Courts (Verwaltungsgerichte) where an applicant for international protection can lodge an appeal against a negative decision of the Federal Office for Migration and Refugees (BAMF). The Administrative Court examines the appeal in full and ex nunc, on both the merits of the case and the legality of the procedure. The appeal has an automatic suspensive effect for decisions which found the application to be unfounded or decisions to revoke or withdraw international protection (with exceptions), but it is not automatic for decisions which found the application to be inadmissible or manifestly unfounded, in which case an applicant may request a suspensive effect (Section 75 AsylG).
 

Second appeal instance: An appeal against a judgment of an Administrative Court may be lodged before one of the 15 Higher Administrative Courts (Oberverwaltungsgerichte or Verwaltungsgerichtshöfe depending on the Lander) if the Higher Administrative Court admits the application filed by the asylum applicant or by BAMF, in line with Section 78(2) AsylG. The grounds for admission are stipulated in Section 78(3) AsylG. When the appeal is admitted, the Higher Administrative Court re-examines the case in full and ex nunc, on both the facts and legality aspects.
 

An appeal cannot be filed when the Administrative Court rejects a case as manifestly inadmissible or manifestly unfounded.
 

The appeal before the Higher Administrative Court does not have an automatic suspensive effect, so this must be requested by the applicant. Representation by a lawyer is mandatory for asylum applicants before the High Administrative Court. BAMF may be represented by its employees or employees of other authorities with qualification for judicial office (Section 67 (4) VwGO).
 

Every federal state has a Higher Administrative Court except for the federal states of Berlin and Brandenburg which have a joint Higher Administrative Court.
 

Third appeal instance: An appeal against a judgment of a Higher Administrative Court on points of law (revision) can be lodged before the Federal Administrative Court (Bundesverwaltungsgericht) if the Higher Administrative Court admits a revision against its judgment, based on the grounds for admission in Section 132 VwGO. The refusal to admit the appeal on points of law by the Higher Administrative Court can be challenged by a complaint lodged with the Higher Administrative Court within 1 month after the judgment is served. The complaint must be reasoned and submitted to the Higher Administrative Court within 2 months after the judgment is served, and if it is not remedied, the Federal Administrative Court rules by a brief order to clarify the prerequisites under which an appeal on points of law is to be admitted. The judgment becomes final if the complaint is rejected by the Federal Administrative Court (Section 133 VwGO).
 

If the Administrative Court admits a revision (in the judgment or, on request, by order) directly to the Federal Administrative Court, an appeal on points of law in lieu of an appeal on fact and law can be lodged upon consent of the parties by circumventing the second instance appeal directly at the third instance (Section 134 VwGO). The appeal does not have an automatic suspensive effect. The grounds for admission are stipulated in the Section 132 VwGO. The rejection of admission of a revision by the Administrative Court cannot be contested.
 

The appeal on points of law is lodged in writing to the court whose judgment is challenged or to the Federal Administrative Court within 1 month of service of the judgment or of the order admitting the appeal on points of law. The appeal does not have automatic suspensive effect.
 

Since 1 January 2023, an appeal on points of facts on the situation in the country of origin or destination can also be lodged before the Federal Administrative Court, in accordance with Section 78(8) AsylG.
 

The Federal Administrative Court bases its judgment on the facts established by the courts in first and second instances. If the findings are insufficient to reach a final ruling, the case is referred back to the Higher Administrative Court or the Administrative Court. There are no further appeals.
 

Main legal instruments:
 

• Basic Law (Grundgesetz - GG)
• Code of Administrative Court Procedure (Verwaltungsgerichtsordnung – VwGO)
• Asylum Act (Asylgesetz – AsylG)
• German Judiciary Act (Deutsches Richtergesetz – DRiG)
• Courts Constitution Act (Gerichtsverfassungsgesetz – GVG)
• Code of Civil Procedure (Zivilprozessordnung – ZPO)