Art. 38 Bundesgesetz vom 17. Juni 2005 über das Bundesverwaltungsgericht (VGG) - Ausstand

C-89/2026 (Art. 38 VGG)

Disability Benefits Appeal: Recusal Denied Due to Lack of Evidence

Cited to establish the Federal Administrative Court's jurisdiction over an application for recusal, referencing provisions of the Federal Supreme Court Act (BGG) on recusal.

A-3795/2025 (Art. 38 VGG)

Recusal Applications Against Judges Dismissed

Applied to make the provisions of the BGG on recusal applicable to proceedings before the Federal Administrative Court.

A-3834/2025 (Art. 38 VGG)

Federal Administrative Court Dismisses Recusal Motions Against Judges

Cited as the basis for applying the provisions of the BGG on recusal in proceedings before the Federal Administrative Court.

A-1063/2025 (Art. 38 VGG)

Recusal Denied: No Objective Bias Found

Applied for the procedural rules on recusal from the BGG to be applied analogously.

D-5685/2023 (Art. 21 und 38 VGG in Verbindung mit Art. 36 BGG sowie Art. 63 Abs. 4 VwVG)

Recusal Denied: Judge's Interim Decisions Not Indicative of Bias

The court used these provisions to establish a separate procedure for the recusal request and to grant legal aid and reimbursement of costs.

D-5685/2023 (Art. 38 VGG)

Recusal Denied: Judge's Interim Decisions Not Indicative of Bias

This provision, in conjunction with Art. 36 BGG, determined the formal requirements for the recusal request to be processed.

D-4180/2022 (Art. 38 VGG)

Recusal Request Denied, Lawyer Reprimanded for Disrespectful Remarks

This provision is cited in relation to Art. 36 Abs. 2 BGG concerning the recusal of a judge and in relation to Art. 6 AsylG and Art. 42 Abs. 7 BGG for potential non-admissibility of abusive requests.

E-5695/2021 (Art. 38 VGG)

Asylum Appeal Revision Due to Misinterpreted Notification

Cited in the applicants' requests for recusal but not explicitly used in the court's dispositive orders.

E-2028/2021 (Art. 38 VGG)

Federal Administrative Court Dismisses Third Asylum Seeker's Recusal Request

Mentioned in the context of potential future non-admission of abusive recusal requests and in relation to the court's jurisdiction over recusal matters.

F-5181/2020 (Art. 38 VGG)

Asylum Seeker's Recusal Request Against Judge Dismissed

Used to state that the court is competent to rule on requests for recusal, and in point 6.1, to state that there is no reason to grant the request to annul the interim orders.

A-1592/2020 (Art. 38 LTAF)

Prior Spousal Involvement Insufficient for Recusal

Cited for applying the provisions of the LTF regarding recusal by analogy.

B-3522/2019 (Art. 38 VGG)

Recusal Motion Rejected Based on Prior Rulings

Cited to establish that the provisions of the BGG on recusal apply analogously in proceedings before the Federal Administrative Court.

D-8007/2015 (Art. 38 VGG)

Sri Lankan National Asylum Claim Dismissed Due to Credibility Issues

Relevant for the obligation of a judge to recuse themselves in case of a special friendship with a party.

BB.2018.8 (Art. 38 VGG)

Complainant's Appeal Against Prosecutor's Decision to Discontinue Judicial Misconduct Investigation Dismissed

Used analogously to determine the jurisdiction of the appellate chamber to rule on its own recusal requests.

C-3369/2016 (Art. 38 VGG)

Federal Administrative Court rules employee abroad remains compulsorily insured despite employer bankruptcy

Applies provisions of the Federal Supreme Court Act regarding recusal.