Facing an Immigration Authority Hearing in Germany? What You Need to Know About Section 28 VwVfG

German Immigration Lawyers

Facing an Immigration Authority Hearing in Germany? What You Need to Know About Section 28 VwVfG

German Immigration Lawyers

Receiving a hearing notice from the German immigration authority (Ausländerbehörde) is a serious matter. Behind the formal administrative language often lies a critical opportunity – and the last one – to present your case before the authority issues a potentially life-altering decision. This could mean the rejection of a residence permit application, the revocation of an existing permit, or even deportation. The challenge is that your response must be legally precise and strategically sound. Careless or contradictory statements can make your situation significantly worse and are almost impossible to correct later. At the same time, deadlines must be met, supporting documents must be gathered, and legal arguments must be made clearly and compellingly.

At Schlun & Elseven Rechtsanwälte, our lawyers analyze hearing notices to obtain a complete picture of the proceedings through access to case files, and draft legally sound written statements. We guide clients through the entire hearing process and, where a negative decision is issued, immediately initiate objection proceedings, administrative court actions, or emergency injunctions.

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Our Services for Immigration Authority Hearings

For Those Affected
  • Review of the hearing notice and assessment of actual legal risks
  • Access to case files to clarify allegations and the basis for the intended decision
  • Development of a legally sound and strategically effective written statement
  • Compilation of supporting evidence and documentation
  • Deadline management and applications for extensions
  • Direct communication with the immigration authority
  • Initiation of objection proceedings, administrative court actions, or emergency injunctions in the event of a negative decision

What Is a Hearing Under Section 28 VwVfG?

A hearing under Section 28 of the German Administrative Procedures Act (Verwaltungsverfahrensgesetz, VwVfG) is a fundamental procedural right in German administrative law. It means that before an immigration authority issues a decision that adversely affects an individual, it must first give that person the opportunity to comment on all facts relevant to the decision.

Before the authority may issue an administrative act that infringes on a person’s rights – such as rejecting a residence permit application, revoking an existing permit, or issuing a deportation order – a hearing must take place. Those affected are given the chance to present their perspective, clear up any misunderstandings, and submit evidence.

Many people underestimate the significance of this hearing. There is a common but dangerous misconception that the authority has already made up its mind and that the hearing is simply a formality. In reality, written statements are legally evaluated and can genuinely influence the outcome – for better or for worse. Incorrect, contradictory, or incomplete information can substantially worsen your situation.

When Is the Hearing Especially Critical?

An immigration authority hearing can arise in a variety of circumstances. Depending on what is at stake, the importance of thorough legal and strategic preparation varies – but in some cases, the hearing is your last real chance to affect the outcome. What you present at this stage – or fail to present – can be decisive.

  • Rejection of a Residence Title If an application for the issuance or extension of a residence permit, settlement permit, or EU Blue Card is to be refused, the authority will initiate a hearing. It will set out why it believes the legal requirements are not met – for example, due to insufficient language proficiency or security concerns.
  • Revocation or Withdrawal of a Residence Title Where the authority intends to withdraw an existing residence title – whether because the conditions for its issuance no longer apply or because false information was provided – a hearing must take place. In these cases, your legal right to remain in Germany is at stake.
  • Expulsion Expulsion (Ausweisung) is one of the most severe measures in German immigration law. It requires the individual to leave Germany, often accompanied by a re-entry and residence ban. Before issuing an expulsion order, the authority must hear the affected person and present its reasons – such as criminal convictions, violations of public safety, or deceptive conduct.
  • Deportation Orders and Deportation Where a person is obliged to leave Germany and fails to do so voluntarily, the authority may formally threaten or enforce deportation. A hearing must take place here as well, particularly when grounds for a deportation stay (Duldung) or obstacles to deportation are present.
  • Ancillary Conditions and Restrictions In some cases, the issue is not the rejection of a residence title itself, but additional conditions attached to it – such as geographical restrictions, reporting obligations, or work prohibitions.

How Incorrect or Unclear Statements Can Jeopardize Your Case

The hearing is an opportunity – but it also carries real risk. Everything stated in writing or verbally is documented and can later be used against you. If you inadvertently concede facts that are damaging to your case – for example, that you failed to disclose income or that you violated conditions of your permit – you are handing the authority additional grounds for a negative decision. If your statement contradicts information you provided previously – in application forms, conversations with the authority, or other proceedings – this will cast doubt on your credibility. The authority may conclude that you are being untruthful or attempting to conceal facts.

General, unsupported assertions will be dismissed as unsubstantiated. Conversely, an overly detailed, unstructured statement can introduce new vulnerabilities that the authority may exploit. Even factually accurate statements do not automatically lead to a favorable outcome. What matters is whether the facts are correctly framed in legal terms and supported by the relevant statutory provisions. Without legal knowledge, this is extremely difficult to get right.

Statements made during the hearing are recorded in the official file. If you later file an objection or bring a court action, the authority – and potentially the court – will refer back to what you said at this stage. Contradictions or omissions are very difficult to remedy after the fact.

Your Rights in the Hearing – and How to Exercise Them

The right to a hearing under Section 28 VwVfG does not merely provide an abstract opportunity to comment. It confers concrete procedural rights that can, if necessary, be enforced through the courts.

  • Right to Comment on All Relevant Facts You have the right to address all facts and evidence the authority intends to rely upon. This right encompasses both written and oral statements. In practice, authorities typically set a deadline for a written response, but an oral hearing can be requested.
  • Right to Adequate Time The deadline for your response must be reasonable. What is reasonable depends on the complexity of the case. A week may suffice in straightforward cases, while complex matters requiring extensive documentation warrant at least two to three weeks. If the deadline set is too short, you are entitled to request an extension. A rushed statement prepared under time pressure can do more harm than good.
  • Right to Access Case Files The right to inspect case files under Section 29 VwVfG is of central importance. You should always review the file before submitting your statement. Without knowing what information the authority holds, a well-founded response is almost impossible. The authority may only deny access in narrow, exceptional circumstances – for example, where third-party trade secrets are involved or where access would compromise the purpose of the investigation.
  • Right to Legal Representation You have the right to engage an attorney at any point. Your attorney can review the case file on your behalf, draft your written statement, communicate directly with the authority, and initiate any necessary procedural steps. Retaining legal counsel is not a sign of distrust toward the authority; it is a sign of professional case management. In immigration proceedings, legal representation is strongly recommended given the high legal stakes and the potentially serious consequences of an ill-considered statement.
  • Right to Submit Evidence You may submit documents to support your position. These may include employment contracts, pay stubs, bank statements, tenancy agreements, medical certificates, language proficiency certificates, police clearance certificates, or any other materials that substantiate the facts you are asserting. The authority is obligated to consider this evidence in its decision.
  • No Obligation to Respond You are not required to submit a statement. However, remaining silent means the authority will decide on the basis of the information already before it – which may be incomplete or one-sided. In the vast majority of cases, a carefully prepared statement is the better course of action.

Why Responding Without an Attorney Often Carries Serious Risk

Many people are tempted to respond to a hearing notice on their own. However, a successful written statement requires considerably more than simply presenting your own perspective. German immigration law is highly complex. It encompasses numerous statutes, regulations, administrative guidelines, and court decisions. Determining which rules apply to your specific situation, which requirements must be met, and what discretion the authority has is extremely difficult without a legal background. Without legal advice, there is a real risk of conceding facts you have no obligation to disclose, or of framing legally significant information incorrectly. An attorney can assess what should be presented and what should not. It is also not enough to simply assert that the legal requirements are satisfied – that must be demonstrated. An attorney knows which supporting documents are necessary and sufficient, and how to present them most effectively.

Equally important, without legal knowledge you may overlook arguments that work in your favor – such as procedural errors by the authority, violations of administrative law, or alternative legal bases for your continued residence in Germany. An immigration hearing is emotionally demanding. Your future, your family, and your life in Germany are at stake. Statements drafted under pressure are often less precise and less strategic than those prepared by an independent legal professional. An attorney can advise not only on the law but on strategy: When is it advisable to make a statement? What information should be prioritized? How can the authority be persuaded? And what are the options if the decision goes against you?

What Happens After the Hearing – and How to Protect Your Position

Once your statement is submitted, the immigration authority reviews it, evaluates the evidence, and issues its decision. The outcome will determine which steps are available to you going forward.

Positive Outcome In the best case, the authority accepts your arguments and issues a favorable decision. Your residence permit is granted or extended, the threatened revocation is dropped, or the expulsion proceedings are discontinued. A partial positive outcome is also possible – for example, the permit is issued but subject to conditions such as geographical restrictions or reporting obligations. In such cases, it is worth examining whether those conditions are legally sound and whether it makes sense to challenge them.

Negative Outcome More commonly, the authority issues a negative decision despite your statement. It may reject the application, revoke the existing permit, issue an expulsion order, or threaten deportation. The decision notice will include instructions on your right to appeal, specifying the deadline for filing an objection and, where applicable, for an emergency application to the administrative court. These deadlines are strict. In most cases, an objection must be filed within one month of the notice being served.

Urgent Cases Requiring Emergency Relief In particularly serious cases – especially expulsions or revocations of residence titles that trigger an immediate obligation to leave Germany – the authority may order that the decision takes immediate effect. This means deportation or forced departure can be enforced while objection or court proceedings are still pending. In these situations, an emergency injunction before the competent administrative court must be filed in addition to the objection. The court will examine whether the authority’s decision is manifestly unlawful or whether enforcement would cause the individual disproportionate harm. Deadlines for emergency applications are often very short – sometimes only a matter of days – and every hour counts.

Ongoing Proceedings Alongside any emergency relief, the main case must be prepared. In most cases, an objection must first be filed before a claim can be brought before the administrative court. In the objection procedure, the decision is reviewed by a different unit within the authority or a higher-level body. If the objection is rejected, court proceedings may be initiated within one month. Court cases can take months or even years, but offer the possibility of comprehensive judicial review of the authority’s decision.

Throughout any pending objection or court proceedings, it is important to actively strengthen your position. Ongoing integration matters: attending language courses, maintaining employment records, demonstrating community involvement, and documenting integration achievements can all be decisive factors in later discretionary decisions by the authority or the court.

The period following the hearing is critical. If appeal deadlines are allowed to lapse, the authority’s decision becomes final (bestandskräftig) and can only be challenged in very limited, exceptional circumstances.

Schlun & Elseven: Experienced Representation in Section 28 VwVfG Hearing Proceedings

As a law firm specializing in immigration law, Schlun & Elseven has extensive experience representing clients in Section 28 VwVfG hearing proceedings throughout Germany. Our immigration attorneys are well-versed in the practices of German immigration authorities, the legal pitfalls to avoid, and the strategic approaches that can make the difference in defending residence rights. From the initial risk assessment through file review, drafting of written statements, and emergency court proceedings to full administrative court representation, clients receive comprehensive legal support from a single team. The earlier legal representation begins, the better the chances of protecting your right to remain in Germany and preventing, or successfully challenging, an adverse decision.

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Practice Group: Our German Immigration Lawyers

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Our German Immigration Lawyers

Samir Muratovic

German Immigration Lawyer

Daniel Schewior

German Immigration Lawyer

Jens Schmidt

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Safa Al Hayek

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Dania Höltershinken

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Laura-Akofa Kalipé

German Immigration Lawyer

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German Immigration Lawyer

Laura Melz

German Immigration Lawyer

Dominik Müller

German Immigration Lawyer

Mariam Sadik

German Immigration Lawyer

Celina D. Shannon

German Immigration Lawyer

Christos Sotiri

German Immigration Lawyer

Julian Tillmann

German Immigration Lawyer

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homa Y.
3 weeks ago
I had a very positive experience with Schlun & Elseven, and especially with Mr. Christos Sotiri. I was facing a very serious issue with my student residence permit, with a short deadline and a lot of uncertainty. Mr. Christos Sotiri was both empathetic and realistic about my situation. He did not give me false hope, but explained the possibilities by considering all my documents. He was always responsive and kept me updated throughout the process. Fortunately, the case was ultimately resolved successfully, and I renewed my residence permit. I also found the whole team at Schlun & Elseven very professional and organized. I am grateful for the help during such a stressful time in my life.
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I had an excellent experience working with Christos for my wife’s family reunion visa to Germany. Navigating cross-border bureaucracy and local authorities while on an EU Blue Card can be stressful, but Christos brought clarity, confidence, and direction to the entire process. He was consistently responsive, gave clear legal advice on documentation, and proactively followed up with the authorities to keep things moving. Thanks to his support, our application was approved and the visa was granted without unnecessary delays. Highly recommended for anyone needing reliable, top-tier immigration counsel in Germany.
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Chantelle V.
1 month ago
Christos was very helpful! Took the time to hear our situation and and gave us some insight on the process. I have confidence moving forward that we will be happy with the service Schlun and Elseven provides.
Hao W.
2 months ago
I would like to thank my lawyer Mr. Christos Sotiri regarding my permanent residence application. He wrote a strong and professional letter to the immigration office, and they approved it quickly. Now I have my permanent residence permit. I sincerely appreciate Mr. Christos Sotiri for his great service!
Juliana S.
2 months ago
I had a very positive experience with Mr. Christos Sotiri. He is extremely professional, knowledgeable, and flexible, and he took the time to answer all of my questions clearly. I felt very well advised and supported throughout the processs. I would definitely recommend Mr. Sotiri to anyone who needs help with immigration matters.
Ayla I.
2 months ago
Excellent experience with Sabrina at Schlun & Elseven for the obtaining of my Aufenthaltskaarte. We were able to successfully obtain the visa from within Germany, without needing to return to my home country at any stage. Trusting her expertise saved us from being apart for months, as well as a huge amount in travel costs and additional expenses. We could not recommend Sabrina enough. Thank you!
Giselle O.
2 months ago
Christos Sotiri assisted me with complex work permit case. He was very professional and empathetic. He clearly understands the permitting bureaucracy. Most importantly, Mr. Sotiri listens to his clients needs and works with the client. These two, exceptional qualities enable maximum success. That my case concluded well, I attribute to Mr. Sotiri.
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2 months ago
We are planning a move to Germany and were not sure which Visa would be appropriate to try and get for our situation. I was able to set up an appointment with a consultant in our time zone online. The initial consultation was at no cost. Martin did a great job reviewing the options with us and understood our situation and needs. We will probably be moving forward with this firm to process our Visa to ensure we have all the required documentation accepted in Germany.
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2 months ago
I can fully recommend the services of this law firm with respect to immigration processes in Germany. Yes, they are expensive, but the quality of the service they provide corresponds to the fees they charge. Their responses to all my requests were fast, efficient and comprehensive. While I am a South African lawyer by profession, Dr. Dominik Müller provided me with excellent guidance on the details of German immigration law. It is encouraging to know one is in such good hands in a foreign jurisdiction. I can fully recommend them. Prof. Dr. Dr. Louis Kotzé
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3 months ago
I have been extremely satisfied to have Mr. Christos Sotiri for legal support and advice. He took care of various applications with the Ausländeramt in two towns/cities over the years for me and my wife. At every stage, in my experience, he was extremely professional, helpful, thorough and very competent in what he does. I highly appreciate his services as a lawyer over the past couple of years.
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3 months ago
Excellent experience with Schlun & Elseven Lawyers. Professional, efficient, and highly supportive throughout my German immigration process. Special thanks to Mr. Samir Muratovic for his exceptional dedication, responsiveness, and result-oriented approach. His guidance made the whole process much easier and gave me great confidence. Highly recommended.
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3 months ago
I met with Christos to discuss several issues about German residency requirements. In a short consultation, all of my questions were answered and even more that I hadn't thought of. Christos was very thorough and thoughtful. I highly recommend him.
Maya
3 months ago
Christos Sotiri handled our time-sensitive immigration matter with great efficiency and professionalism. He communicated clearly, acted quickly, and gave us confidence throughout a stressful situation. Highly recommended.
Ben Rejeb M.
3 months ago
Ich kann die Kanzlei Schlun & Elseven in Düsseldorf, insbesondere Herrn Rechtsanwalt Maximilian Hofer, uneingeschränkt empfehlen. Herr Hofer hat mich während meines gesamten Einbürgerungsverfahrens hervorragend begleitet. Er war jederzeit erreichbar, hat mich regelmäßig über den aktuellen Stand informiert und sich mit großem Engagement für meine Angelegenheit eingesetzt. Auch bei Rückfragen der Behörde hat er schnell und kompetent reagiert und immer eine passende Lösung gefunden. Dank seiner professionellen Unterstützung konnte mein Einbürgerungsverfahren erfolgreich abgeschlossen werden. Ich habe mich während der gesamten Zeit sehr gut betreut und beraten gefühlt. Vielen Dank an Herrn Hofer und das gesamte Team für die ausgezeichnete Zusammenarbeit. Ich empfehle die Kanzlei gerne weiter.
Tonmoy D.
3 months ago
I applied for my permanent residence permit in Germany at the end of last year, but the whole case turned out to be much more complicated than I had expected. The immigration office initially refused to properly consider my application and repeatedly asked me to withdraw it. That was when I reached out to Schlun & Elseven. Christos Sotiri helped me throughout the entire process, handled all communication with the immigration office, and prepared the legal correspondence on my behalf. After months of back and forth, the immigration office reconsidered my case, and my permanent residence permit was approved. It was a long and hectic journey, but in the end everything worked out. Thank you very much for all your support throughout the process!
Catalina De la C.
3 months ago
I had a consultation with this immigration lawyer today, and I was very impressed. He was clearly very knowledgeable, but explained everything in a way that was easy to understand without being condescending or using unnecessarily complex legal language. He was kind, attentive, and took the time to really listen to my questions and concerns. I never felt rushed, and every question I asked was answered thoroughly and thoughtfully. The advice was clear, practical, and gave me confidence in my next steps. Overall, it was an excellent experience, and I would definitely recommend them to anyone looking for an immigration lawyer.
Anisha B.
3 months ago
Professional, sound and reassuring advice from Christos Sotiri. I would recommend him to anyone.
ELİF BİLGE B.
4 months ago
Chancenkarte vize başvuru sürecim için Sevgili Laura ve ekibi ile çalıştık. Sürecin başından sonuna kadar son derece profesyonel bir çalışma yürüttüler, her adımda bize destek oldular, ve onların sayesinde süreci başariyla tamamladık. Sorularımızı şeffaf bir şekilde cevapladılar, son derece titiz çalışarak bizi bu süreçte hiç yalnız bırakmadılar. Chancenkarte süreci ile ilgili destek almayı düşünürseniz kesinlikle öneriyorum.
Agnes N.
4 months ago
Lawyer Christos offered very good advice to my problem. i just pray that the next steps work out. but i was satisfied and happy with his explanation. Thank you.
Suvd B.
4 months ago
My case was handled professionally and successfully. I received all the support I needed and my lawyer, dr. Christos Sotiri, worked very well. I am so happy that I found S&E and I would recommend their services to anyone who needs a good lawyer.
Kiran M.
4 months ago
The consultation with Christos Sotiri was extremely insightful and efficient.
Arifa Aktar J.
4 months ago
We had a very positive experience with Mr. Christos Sotiri. He carefully reviewed our immigration situation, explained our legal options in a clear and understandable way, and answered all of our questions with patience and professionalism. The consultation was very helpful and gave us a much better understanding of our next steps. We would highly recommend him to anyone seeking immigration law advice in Germany.
Christina D.
4 months ago
I am new to Germany from the United States and Christos was very prompt to give me detailed information and potential solutions to the issue i was facing with being issued the incorrect document from the immigration office.

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