Asylum
BAMF Decision Rejected — What the Appeal Needs
Asylum refused: the appeal deadlines are short, usually one or two weeks. I explain what matters in the decision and which steps follow.
Elena Peony · 23 May 2026 · 8 min read
A yellow envelope in the letterbox. A decision bearing the word "rejected", together with a short deadline. If you are holding such a decision in your hand, you should not wait long. Here is what matters most, in a sensible reading order.
The Deadline First — Above All Else#
On the first page of the decision you will find the time limit for bringing an appeal, often in the instructions on legal remedies (Rechtsbehelfsbelehrung). Where an application is rejected as "manifestly unfounded" ("offensichtlich unbegründet"), this is generally one week; for a simple rejection, two weeks (§ 74 AsylG, § 36 AsylG — Asylum Act). What governs is always the specific instruction set out in your decision. These deadlines are, in principle, not capable of extension.
The first task is therefore to lodge an appeal in good time before the competent Verwaltungsgericht (administrative court) — and, where necessary, to file an additional urgent application. The grounds may, as a rule, be submitted later.
Important to know: at first instance before the Verwaltungsgericht there is no requirement to be represented by a lawyer (§ 67 Abs. 1 VwGO — Code of Administrative Court Procedure). You may therefore bring the appeal yourself, for instance by way of a record taken at the court's filing office (Rechtsantragstelle), where the deadline is about to expire and legal assistance cannot be reached in time.
Appeal and Urgent Application#
Where a rejection comes with a deportation warning (Abschiebungsandrohung), the appeal alone is often not enough to halt a deportation. Here an additional urgent application under § 80 Abs. 5 VwGO regularly comes into consideration, which is intended to bring about suspensive effect.
Where an application is rejected as "manifestly unfounded", the one-week deadline applies equally to the appeal and the urgent application. Both must reach the court in good time.
Common Points of Attack#
From practice, three areas can be named in which decisions are more frequently open to challenge. Whether this applies to your case can, however, only be assessed after examination of the specific decision.
Deficiencies in the hearing. The hearing (Anhörung) is the centrepiece of the asylum procedure. Where the interpretation was inadequate, where the decision reproduces statements in abbreviated or distorted form, or where important follow-up questions were omitted, procedural defects may lie therein.
Outdated or one-sided sources of information. Where security situations are changing, the assessment in the decision may lag behind more recent reports, for instance from UNHCR, Human Rights Watch or Amnesty International.
Safe country of origin. Where applicants come from a country of origin classified as safe, heightened requirements apply. The statutory presumption is nevertheless rebuttable; individual persecution and group-specific dangers remain to be examined.
Follow-Up Application or Appeal?#
Where the asylum procedure had already been concluded with final and binding effect (bestandskräftig) and new circumstances have since arisen — for instance a changed situation in the country of origin, new evidence, or an altered personal situation — a follow-up application (Folgeantrag) under § 71 AsylG may come into consideration instead of an appeal against the earlier decision.
For the follow-up application, the deadline under § 51 Abs. 3 VwVfG (Administrative Procedure Act) must be observed: the application must, in principle, be made within three months, calculated from the day on which the person concerned obtained knowledge of the ground for reopening (Wiederaufgreifensgrund). Whether this deadline applies, and from when it runs, should be examined closely in the individual case.
Dublin Procedure#
Where the BAMF wishes to transfer you to another EU State responsible for the procedure, short deadlines apply to the appeal and the urgent application; here too, the specific instructions on legal remedies are decisive. A central question is whether "systemic deficiencies" of the asylum procedure or of the reception conditions are to be feared in the destination State. There is case law of the EuGH (European Court of Justice) and of the EGMR (European Court of Human Rights) on this, which is drawn upon for the assessment.
Subsidiary Protection Instead of Recognition#
It happens that the BAMF grants subsidiary protection but rejects refugee status. An appeal may then aim at the grant of refugee status. This may, among other things, be significant for family reunification, the requirements of which differ depending on the protection status and the legal situation. The current rules on this should be clarified in the individual case.
What to Compile for the Initial Consultation#
Helpful are:
- the complete decision (all pages);
- the BAMF hearing record (Anhörungsprotokoll), if available;
- proof of identity and, where applicable, translations;
- a brief, ideally chronological account of the persecution history with dates and places;
- any available evidence (such as medical certificates, photographs, reports).
With these documents, it is possible during the initial consultation to assess how the prospects of success of the appeal are to be evaluated and which steps are next to be taken.