Is the Federal Administrative Court another court in the asylum process?

Posted on by Kaya Doyle


Is the Federal Administrative Court another court in the asylum process? There is no further right of appeal against a judgment of the Federal Administrative Court. Once the appeal procedure has been completed, legal recourse is exhausted. Another important court in asylum proceedings is the European Court of Justice in Luxembourg in view of the ever increasing Europeanization of refugee law.

When was the Federal Administrative Court established? The Federal Administrative Court was established in 1953. After the founding of the Federal Republic of Germany, the federal legislature passed the Law on the Federal Administrative Court of September 23, 1952 for this purpose. There was no comparable court in the GDR.

What rules apply to the asylum procedure in Switzerland?

If a person enters Switzerland via Zurich or Geneva airport and files his or her asylum application in the transit area of the airport, special rules apply to the asylum procedure ( Art. 22 and 23 AsylA ). In these cases, the State Secretariat for Migration (SEM) first decides whether entry into Switzerland is granted or provisionally refused.

Which instance decides the Federal Administrative Court?

The Federal Administrative Court decides as the second and final instance. This means that an affected person can only appeal once against a negative asylum decision. Exceptions are reconsideration and appeal proceedings, but in practice these are rarely successful.

When does the Federal Administrative Court have to decide?

In "Dublin proceedings" and in the case of subsequent applications, the Federal Administrative Court has to decide within eight weeks. In appeal proceedings on detention pending deportation, the decision period is one week if detention is still in effect, and in proceedings on the revocation of de facto protection from deportation, the decision period is initially 3 days for subsequent applications.

When can the Federal Administrative Court make a decision?

Decisions of the Federal Administrative Court. Unless otherwise provided by federal or provincial law, the Federal Administrative Court shall render a decision within six months of receipt of the complaint. The decision of the Federal Administrative Court may be pronounced at an oral hearing.

What does the Federal Administrative Court decide in the matter itself? In principle, the Federal Administrative Court decides on the merits of the case, i.e. in a meritorious or reformatory manner, and not merely in a cassatorial manner. The Federal Administrative Court may dismiss the appeal if it reaches the same conclusion as the authority or uphold the appeal if it reaches a different conclusion than the authority.

How does the Federal Administrative Court rule on agency decisions? The Federal Administrative Court decides on appeals against decisions of the authorities by way of a ruling or order. In principle, the Federal Administrative Court decides on the merits of the case, i.e. in a meritorious or reformatory manner, and not merely in a cassatorial manner.

What is the Federal Administrative Court?

The Federal Administrative Court ( BVerwG) is the highest court in the Federal Republic of Germany in public law disputes of a non-constitutional nature and, along with the Federal Labor Court, Federal Supreme Court, Federal Fiscal Court and Federal Social Court, one of the five highest courts

How is the Federal Administrative Court subordinated? As an authority, the Federal Administrative Court, like the Federal Fiscal Court and the Federal Supreme Court, is subordinate to the portfolio of the Federal Ministry of Justice and Consumer Protection (BMJV) and is subject to its general supervision. In its activities as a court, however, it is independent .

When was the Federal Administrative Court opened? June 2002 to August 26, 2002. The latest chapter in the history of the Federal Administrative Court is thus linked to the use of the former Reichsgericht building in Leipzig - it officially began with the building's ceremonial inauguration as the Federal Administrative Court on September 12, 2002.

What does the Federal Administrative Court control? It monitors compliance with simple laws, i.e. those that do not have constitutional status. In doing so, it reviews the decisions of its lower court at the request of a party. The Federal Administrative Court is the highest court of appeal, i.e. it is the court with final jurisdiction in a case.

How long is the decision period at the Federal Administrative Court?

Decision deadlines The decision deadline of the Federal Administrative Court in appeal proceedings against decisions of the Federal Office for Immigration and Asylum is generally six months. For those appeals received by the Federal Administrative Court between 1.11.2017 and 31.5.2018, the decision deadline is 12 months.

How does the authority initiate the appeal to the Federal Administrative Court? The authority shall arrange for the complaint to be submitted to the Federal Administrative Court. From this point on, the Federal Administrative Court is responsible for all steps concerning the proceedings. Supplementary pleadings are to be submitted exclusively to the Federal Administrative Court from this point in time.

What is the function of the appellate court?

Its function is (almost exclusively) that of a court of appeal: it makes final decisions in civil and criminal law.

What is the case law of the Federal Administrative Court?

The Federal Administrative Court - case law of fundamental importance. The Federal Administrative Court rules as a court of appeal. Its rulings and decisions have a guiding function and ensure uniform practice by authorities and courts throughout Germany. This requires a special quality of its decisions.

How does the Federal Administrative Court deal with the matter?

The Federal Administrative Court deals with complex legal issues. This requires an in-depth understanding of case law and statutes. The written and oral exchange takes place at a high professional level.

What serves the functioning of the Federal Administrative Court?

This is the purpose of the court's mode of operation. If a case reaches the Federal Administrative Court, a file number is assigned in the court office. The case is then handled by a judge acting as rapporteur. The plaintiff and the defendant first submit their comments in writing.

What does the Bavarian Constitution require?

After all, Art. 178 p. 2 of the Bavarian Constitution requires that Bavaria's "constitutional autonomy" be safeguarded - a requirement that is not entirely compatible with the abolition of such an important institution. The Bavarian Constitutional Court, however, could not find any violation of the constitution.

When did the Bavarian Constitution expire? After its adoption by referendum, Minister President Wilhelm Hoegner executed the Bavarian Constitution on December 2, 1946. It came into force on December 8, 1946, when it was promulgated in the Law and Ordinance Gazette. However, there is still no trace of the original.

When is the Bavarian Constitution in force? Law and Ordinance Gazette came into force on December 8, 1946. The Bavarian Constitution is divided into four main parts and contains a total of 188 articles. The first three articles state that Bavaria is a free state, that state power emanates from the people, and that Bavaria is a constitutional, cultural and social state.

How can the Bavarian Constitution be amended? The Constitution may be amended only by way of legislation (Article 75). Resolutions of the Landtag to amend the Constitution must be submitted to the people for a decision. The Bavarian Constitution of 1946 has so far been amended in the following respects:

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