Facing an Immigration Authority Hearing in Germany? What You Need to Know About 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.

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.

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.

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.

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?

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.

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.