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For the latest news on German and EU immigration and asylum law

Migrationsrecht.eu is dedicated to reporting on the latest developments in European and German immigration and asylum law. Interest in German immigration and asylum policies outside of Germany has steadily been increasing ever since the recent influx of asylum-seekers and migrants into Germany and Europe began in 2015. Our objective is to inform legal professionals from other EU countries as well as English-speaking foreigners living in Germany about the German government’s recent policy changes and the recent decisions made by the German courts, which address important legal issues affecting migrants and asylum-seekers. As Germany is bound to uphold EU law, the legal landscape is also subject to ongoing changes taking place at the European level, such as new EU directives and rulings issued by the Court of Justice of the European Union. The migrationsrecht.eu team looks forward to keeping you informed of these developments as well as those taking place on a national level in Germany.

The Court of Justice of the European Union (CJEU) recently ruled in the case Yön v. the Landeshauptstadt Stuttgart (City of Stuttgart, case no: C-123/17) that the introduction of a visa requirement for family members of employed Turkish workers who are already residing legally in Germany can be justified on the grounds of implementing effective immigration control and the need to manage migratory flows into Germany. In the court’s view, a visa requirement is justified as long as the process of obtaining one is proportionate to achieving the objective.

On 11 July 2018, the Federal Administrative Court in Leipzig issued a ruling (case no. BVerwG 1 C 18.17) concerning the right of asylum applicants to file legal actions to force The Federal Office for Migration and Refugees (BAMF) to make a decision about their asylum applications. The court determined that applicants may lodge an action against BAMF if a decision has not been made on their asylum application within three months. It also believed applicants have a legitimate interest in taking legal action for the sole purpose of obliging BAMF to make a decision on their applications.

The Federal Administrative Court issued a ruling in Leipzig on 12 July 2018 (Case no BVerwG 1 C 16.17) which addresses the issue of expelling foreigners who have committed crimes on grounds of general deterrence. According to German law, general deterrence can be used as a reason for justifying the government’s demand to expel a foreigner even under the new expulsion legislation in effect since 2016. The law stipulates that a residence permit normally cannot be granted if there is a public interest in expelling a foreigner.