If the asylum decision is negative, it will include a deportation order and
instructions for legal remedies.683
Decisions by the Federal Office for Migration and Refugees can be appealed to
the administrative courts. An initial appeal may be made at the Administrative Court
Verwaltungsgerichte (VG) to overturn the refusal/rejection of the application and
must be filed within two weeks.684 Representation is not mandatory at this stage. An
applicant may appeal to the Higher Administrative Court (Oberverwaltungsgericht/
Verwaltungsgerichtshof (OVG/VGH)) for a review of the decision of the court of
origin, but review will only be granted for significant questions of fact or law.685
Finally, the Federal Administrative Court (BVerwG) may review a case for significant
questions of law. A decision by the Federal Administrative Court usually cannot be
contested further.686
In general, judges are not bound to follow prior cases under the civil law tradition.
Jurisdiction of the court is based on the asylum seeker’s place of residence, and there
is considerable variation in outcomes due to judicial independence.
Generally appeals have suspensive effect; however, for cases where the
application is rejected as “manifestly unfounded” or “inadmissible,”687 appeals do not
have automatic suspensive effect, and the applicant must apply to the Administrative
Court to suspend the decision of the Federal Office for Migration and Refugees.688
In the case of a negative decision, the Federal Office for Migration and Refugees
will issue a deportation order. It will determine a deadline of 7 to 30 days for leaving
the country voluntarily;689 otherwise the deportation will be enforced.690
There are several decisions by different courts regarding the return of Palestinians
to Lebanon and Israel (see cases under Section 6). The most recent case concerning
the possibility of obtaining a Laissez-Passer from the Lebanese Embassy for a return
to Lebanon indicates that this is not a possibility. The Courts take the view that
there is no possibility of returning to Israel if the applicant is Palestinian and has no
citizenship. There are no documented figures about deportation or voluntary return
by Palestinians.
683
State of Germany, “Asylum Procedure Act (Asylverfahrensgesetz, AsylVfG),” Sections 31(1) and 34.
Ibid., Section 74(1).
685
Ibid., Section 78.
686
The Federal Administrative Court will review decisions on points of law. In cases where the Federal
Administrative Court disagrees with the law of a decision, it will remand the decision to be decided
in light of an instructed analysis. From a denial at the Federal Administrative Court, appeals may be
to the Federal Constitutional Court, but it is extremely rare for the Court to accept an asylum claim.
Appeal is also possible to the CJEU in some cases. Information provided by Laura Hilb.
687
State of Germany, “Asylum Procedure Act (Asylverfahrensgesetz, AsylVfG),” Section 30.
688
There are ways to restore suspensive effect, but these are limited in time and by procedural law
due to section 36 (3) of the Asylum Procedure Act: legal remedy within one week. Ibid., Section
36(3).
689
Ibid., Section 34; State of Germany, “Residence Act (Aufenthaltsgesetz, AufenthG) [with
Amendments],” Section 59.
690
State of Germany, “Residence Act (Aufenthaltsgesetz, AufenthG) [with Amendments],” Section 58.
684
Survey of Protection at the National Level
141
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