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.
Decisions of the Court of Justice of the EU raise doubts as to whether the German legal situation, according to which a deportation order, which constitutes a return decision under the Return Directive (Directive 2008/115/EC), can be issued irrespective of possible domestic prohibitions on deportation, is compatible with EU law. Read more ...
The yardstick for the assessment of national protection against deportation pursuant to Section 60 (5) of the Residence Act in conjunction with Article 3 of the European Convention on Human Rights (ECHR) is basically whether the foreigner Article 3 of the European Convention on Human Rights is whether the foreigner who is subject to an enforceable obligation to leave the country will be able to meet his or her most basic needs for a foreseeable period of time after his or her return, if necessary by means of return assistance granted to him or her. On the other hand, it is not decisive whether a foreigner's subsistence level is ensured in his country of origin on a sustainable or even permanent basis. This was decided by the Federal Administrative Court in Leipzig on April 21, 2022. Read more ...
In its ruling of 7 September 2021, the Federal Administrative Court has established important principles on the limitation of the entry and residence ban issued under the condition precedent of his deportation (Ref.: 1 C 46.20). The decision deals in particular with the question of which integration achievements are to be taken into account within the framework of the discretionary decision and, if applicable, lead to the illegality of the entry and residence ban imposed by the Federal Office for a period of 30 months. Read more ...
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