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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. Read more ...

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. Read more ...

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. Read more ...