VOG refused: opinion, objection and appeal

Determine the phase before writing a response

If you intend to reject, you can submit an opinion: you will have the opportunity to respond before Justis makes a final decision. If the application has been definitively rejected, you can object to it. A decision on an objection can then be appealed to the administrative court. These steps have different functions and timeframes.

Look at the title, date, reference and remedy information of your letter. Save the envelope and all attachments. Make one line for yourself with the current phase and the next deadline. This way, the conversation with a legal advisor starts with the actual procedure and not just with the understandable concern about your work.

An opinion responds to the intention

Justis states that you can submit a view within two weeks of the date of the intention. You can respond via the designated digital route or in writing. Use the current official instructions. A general email to another contact address or a telephone call does not automatically constitute a valid and complete submission.

Write which facts or considerations you think lack attention and why. Connect your explanation to the specific function or purpose of the application. Attach relevant documents, but don't silently wait for a final attachment while the deadline expires. Consult in a timely manner if documents are still missing and record what has been agreed regarding additions.

Objection to the final rejection

For objections against a final VOG rejection, Justis mentions six weeks after the date of the decision. State the decision you are contesting, your reference, contact details, grounds and the required signature. The official Justis page describes digital and written submissions and the rules for an authorized representative.

Please retain a complete copy and proof of submission. An objection is not a new application for the same position and also not an objection to your original criminal case. It concerns the correctness of the VOG decision. In addition, if there is an error in your criminal record, mention this separately and use the appropriate route.

Read the rejection along three substantive questions

Check which data has been used, which risks have been mentioned in the application purpose and how your interests have been taken into account. Are the data factually correct? Is it clear what the real work is? Has relevant information about your personal situation been discussed? These questions help to narrow down a response.

The explanation about a Certificate of Good Conduct with a criminal record provides background on screening and review periods. Use that background to better understand your own decision, not to copy a general text without any connection to your letter. An objection is not convincing by length alone; it should make it clear which part you think should be assessed differently.

Gather evidence appropriate to the reason for denial

A job description, explanation of actual powers or a relevant decision from the criminal case can provide more clarity than a general letter of recommendation. If guidance or changes in your life are important, ask for factual confirmation with data. Let no one sign a favorable conclusion that is not based on their own knowledge.

Make a short list of attachments and state what each item demonstrates. Don't hide unfavorable information by creating an incomplete timeline. If you dispute a piece of information, state exactly what you believe is incorrect and which document shows it. For example, a dismissal letter can help to correctly distinguish a settlement from a conviction.

Prepare a hearing as an explanation

After an objection, those involved are usually summoned to a hearing, according to Justis. You can explain the objection there. Read your own objection letter again in advance and take the most important documents with you in an orderly manner. Write down the essence of your position in a few points, so that new questions do not distract all the attention from your original objection.

After the hearing, ask what step follows and whether any information is needed. A conversation is not automatically a commitment to release. Check the final decision on objection and the period for any follow-up. Report any changes to your contact details and let a representative know which mail you will receive.

After a decision on the objection, a different procedure may follow

If the rejection remains upheld after an objection, Justis will appeal to the court within six weeks of the date of the decision on the objection. Read which court and filing method are designated. The administrative procedure against a VOG decision differs from appeal in a criminal case.

If there is a threat of immediate loss of work or education, discuss with a legal advisor whether an emergency route such as a provisional measure is useful and possible. Own conditions apply; an urgent personal interest does not result in automatic allocation. Keep documents that show the specific deadline and consequences. Also ask what arrangements the employer or training program can make temporarily.

Establish responsibility for the term

Legal assistance can be useful in reading the decision and choosing specific arguments. Ask whether the advisor has experience with VOG objections and administrative law. Agree whether the assignment also includes submission, hearing and possible appeal. Discuss the costs and possible subsidized assistance in advance.

An outcome cannot be guaranteed in advance. What you can organize is a timely and verifiable response, with appropriate documents and a clear question to Justis or the judge. Make a distinction between this procedure and a possible new application for really different activities.

• Write down the phase, decision date, characteristic and deadline for response.
• Read and mark the reason for rejection per item.
• Substantiate the position and personal circumstances in a targeted manner.
• Keep official submission route and copy of response.
• Immediately check the objection decision for any appeal deadline.