NAG application refused: four-week period, required complaint content, filing with the authority, file review and administrative court procedure.
After a NAG refusal, the complete decision, service and every decisive reason for refusal should be organised first. A complaint against an administrative decision generally has to be filed within four weeks.
An effective complaint identifies the decision and authority, explains the alleged unlawfulness, states the relief sought and makes timely filing comprehensible. Merely stating disagreement does not use the statutory structure of review.
This article concerns refusal of a residence permit under the NAG. A return decision, entry ban or separate FPG procedure forms a distinct procedural track and should be classified separately.
The assessment separates service, grounds of refusal, the authority file and complaints already filed.
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Obtain every page, including the appeal information, together with the envelope or electronic service record. Only the complete decision shows the operative part, reasoning, authority and starting point for the complaint period.
Compare the filed text with section 9 VwGVG and determine whether the authority has issued a preliminary complaint decision or forwarded the file to the regional administrative court. The next submission depends on that stage.
Identify the NAG provision relied on, the facts found and the reasoning of any balancing exercise. The complaint should address each decisive ground individually.
Create one row for each ground, listing the decision's statement, legal basis, available evidence and complaint argument. Correcting only some points may not be enough if another independent ground remains.
Draft the unlawfulness grounds from the complete file. The complaint should identify the decision and authority, state the grounds and relief sought, and include the information needed to assess timely filing.
File inspection reveals application documents, authority queries, submissions and service steps. Compare the file with the findings in the decision and record missing or misunderstood evidence.
Section 7(4) VwGVG generally provides four weeks for a complaint against an administrative decision. For written service, the period begins on the day of service. The envelope, deposit notice or electronic service record therefore belongs in the core file.
The date printed on the decision and the day on which it was read later do not automatically replace the legally relevant service date. Particular service events must be assessed from the records.
Our complaint glossary entry explains the remedy and its function.
Under section 9(1) VwGVG, the complaint identifies the challenged decision and authority, gives the grounds of alleged unlawfulness, states the relief sought and includes the details required to assess timely filing.
The grounds should respond to the decision. If income evidence was rejected, the calculation, period and documents need to be addressed. If a general or permit-specific condition is disputed, the relevant legal standard must be explained.
The relief sought defines the requested outcome and should fit the procedural stage, available facts and any further investigation required.
Until referral to the administrative court, submissions are filed with the respondent authority under section 12 VwGVG. This is the authority that issued the challenged NAG decision.
Under section 14 VwGVG, the authority may issue a preliminary complaint decision within two months. It may set aside or amend the decision, but may also reject or dismiss the complaint.
If it does not issue such a decision, it forwards the complaint and administrative file to the competent regional administrative court. Following notification of referral, further submissions are filed directly with the court.
Before detailed drafting, determine what is actually in the authority file. A submitted document may have been overlooked, illegible or assigned to a different evidentiary issue.
Our administrative-court glossary entry explains the following stage of judicial review.
New documents should not appear as an unsorted attachment bundle. Each item needs a clear link to a finding or ground of refusal.
The court reviews the decision within the framework of the complaint. Where the material facts are established or can efficiently be established by the court, it generally decides the matter itself.
If necessary investigations were omitted, the court may, under the conditions of section 28 VwGVG, set aside the decision and remit the matter with a binding legal assessment.
Preparation therefore involves more than criticism. It must show which facts are established, which evidence is missing and which outcome is requested on that basis.
Refusal of the residence permit concerns the application under the NAG. A return decision, entry ban or SIS issue may appear in another decision or before another authority.
Create a separate line for every current decision with authority, file number, service and available remedy. This shows which complaint challenges which operative order.
Our refusal and complaint topic page brings the NAG steps together. The complaint checklist helps build the file.
The period for a complaint against an administrative decision is generally four weeks. Its specific commencement depends on legally effective service or oral pronouncement.
Until referral to the administrative court, it is filed with the authority that issued the challenged decision.
Yes. Within two months it may issue a preliminary complaint decision and set aside or amend the decision, or reject or dismiss the complaint.
It reveals which documents, queries and submissions the authority actually used. The complaint can then address evidentiary gaps or misclassification precisely.
Understand the route from the decision to the regional administrative court.
Organise decision, service, grounds and evidence.
Understand the function and structure of the remedy.
Understand judicial review of the authority decision.