On 17 December 2015, the German Federal Administrative Court decided that a foreigner is not entitled to a temporary residence permit (Aufenthaltserlaubnis) if his asylum procedure has not been fully completed. This is also the case if the foreigner cannot be deported because the Federal Office for Migration and Refugees (BAMF) has protected him from deportation by granting him the protection status known as a national ban on deportation.

Where doubts concerning the interpretation and application of European Union law arise in proceedings before the regular courts for the review of extradition requests received by way of mutual legal assistance as determined by European Union law, the right to one’s lawful judge requires that the relevant questions be referred to the Court of Justice of the European Union (ECJ) for a preliminary ruling. Failure to comply with the duty of referral incumbent upon regular courts under European Union law does not always violate the guarantee of Art. 101(1) second sentence of the Basic Law (Grundgesetz – GG).