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On 21 August 2018, the Federal Administrative Court in Leipzig decided that the deportation of a foreigner is not illegal even if a decision has not been previously made about how long the foreigner’s entry ban into Germany will last. The fact that a decision has not been made also does not prevent the government from imposing deportation costs on the foreigner concerned. Furthermore, the Federal Administrative Court clarified once again that under EU law, a ban on entry and residence always requires an official or judicial case-by-case decision and cannot be automatically imposed. Read more ...

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 ...