Untätigkeitsklage: when the Ausländerbehörde does not decide

General information on § 75 VwGO. Not legal advice.

What it is

An Untätigkeitsklage is a lawsuit at the administrative court (Verwaltungsgericht) against an authority that does not decide on your application. The court does not decide on the permit itself in the first step. It makes the authority act.

When it is possible

• At least three months have passed since you submitted the application (§ 75 sentence 2 VwGO).
• The authority has no sufficient reason for the delay. General overload is often not accepted as a sufficient reason by courts, but this depends on the case.
• You did not cause the delay yourself, for example by missing documents the office asked for.

Costs

Court and lawyer fees depend on the value in dispute. If you could expect a decision before you filed the lawsuit, the authority has to pay the costs (§ 161 (3) VwGO). Ask a lawyer for an estimate before you file.

Before you file

• Write to the office and ask for the status in writing. Keep a copy.
• Set a short deadline in that letter.
• Collect proof of the date you submitted your complete application.

How long do others wait?

Check the reported waiting times for your office on Aktenzeit. If your application is open much longer than most others at the same office, that is useful information for a lawyer.