Welcome to migrationsrecht.eu!

According to a recent press release, the 1st Senate of the Federal Administrative Court ruled on 7 September 2021 (BVerwG 1 C 46.20) that, when assessing the duration of a deportation-related entry and residence ban, only the successful completion of qualified vocational training in Germany by the foreigner during the asylum proceedings is to be taken into account in order to shorten the time limit, not the commencement of such training. At the same time, the Federal Administrative Court has clarified that the practice of imposing a 30-month entry and residence ban by the Federal Office is not subject to any legal objections, provided that the foreigner does not present any special circumstances that are to be taken into account in the discretionary determination of the time limit. Read more ...

In its judgment of 9 September 2021 (C-18/29), the Court of Justice of the EU ruled that it is incompatible with EU law to reject a subsequent application as inadmissible solely because the application was not filed within a certain period. This decision has a direct impact on the applicability of the 3-month time limit of section 51(3) VwVfG, which is enshrined in German asylum law and applies via section 71(1) Asylum Act. Read more ...

In its decision of 16 April 2021, the 9th Senate of the Hessian Administrative Court ruled that a Union citizen who was employed as a worker in a temporary employment relationship and became unemployed through no fault of his or her own did not acquire a permanent right of residence under section 4a(1) of the Freedom of Movement Act/EU due to the fiction of being an employee for several years. Read more ...