Administrative Court of Aachen, February 19, 2015, Case No.: 8 L 623/14
Since the outbreak of the civil war in Syria in 2011, Germany and North Rhine-Westphalia have implemented several regulations aimed at facilitating the entry of Syrian refugees and improving their residency status in Germany.
This not only affects Syrian nationals currently abroad but also those already in Germany.
Background: Application for Residence Permit by a Syrian Student
A Syrian student studying mechanical engineering in Germany applied for an extension of his residence permit. The student, who had initially been supported by a cousin living in Germany, could no longer rely on this support due to the political situation in Syria. His cousin, who had provided financial assistance, was now compelled to allocate resources to another family member to protect them from the civil war. The student’s parents, who had initially been prepared to provide support, were also unable to do so due to the crisis in Syria.
Loss of Livelihood
The applicant fell into financial hardship as neither the cousin nor his family could continue to provide the necessary funds. Without this support and without access to sufficient funding or income from employment, the student was unable to sustain himself. Consequently, the responsible immigration authority issued an administrative order on August 21, 2014, refusing to extend the residence permit and threatening the student’s deportation.
Initiation of Legal Proceedings
The student filed a lawsuit against this decision. Since the lawsuit did not have suspensive effect, the student also submitted a request for an injunction to prevent deportation during the ongoing proceedings. The decision in this matter was made by the Administrative Court of Aachen.
Ruling of the Administrative Court of Aachen
The Administrative Court of Aachen ruled in favor of the applicant, finding that the administrative order issued by the authority was unlawful. The court conducted a balancing of interests and concluded that the applicant’s interest in suspending the execution of the administrative order outweighed the public interest in immediate enforcement of the deportation. The court reasoned that the prospects of success in the main proceedings were positive for the applicant. Therefore, it determined that the deportation threat should be suspended.
The court emphasized that, following a preliminary examination of the facts, the applicant had a right to a residence permit under Section 23 (1) of the Residence Act (AufenthG). This legal basis allows for the granting of residence permits to Syrian nationals already in Germany under certain conditions. The relevant admission regulations issued by the North Rhine-Westphalia Ministry of the Interior, in agreement with the Federal Ministry of the Interior, also apply to the applicant.
Right to Residence Permit
According to the court, the applicant met all the necessary requirements to obtain a residence permit. Although his previous residence permit had expired in 2012, he had timely applied for an extension. Under Section 81 (4) AufenthG, such a residence permit is considered to be in force until the authority decides otherwise. It was also confirmed that the applicant was a regular student at the RWTH Aachen University and was continuing his studies. A change of study program, approved by the immigration authority in 2013, did not constitute an obstacle.
The critical issue was that the student no longer had sufficient means to secure his livelihood, as required by the admission regulations. This was evidenced by the submission of bank statements. The applicant could neither cover his living expenses through German funding nor through his own employment, and financial support from Syria was no longer available.
Balancing of Interests and Consequences
The court decided that the deportation threat, resulting from the refusal to grant the residence permit, should also be suspended. The applicant’s interest in staying in Germany during the main proceedings outweighed the public interest in immediate deportation. Although the formal requirements for deportation under Sections 50 and 59 AufenthG were met, the suspension of enforcement was necessary to allow the applicant to assert his legal claims.
This decision illustrates that in cases like this, humanitarian considerations and the assessment of exceptional circumstances play a central role. The ruling of the Administrative Court of Aachen strengthened the protection of students who are in a difficult situation due to war and political instability and underscores the importance of careful balancing of interests in residency permit decisions.
Conclusion
The case of the Syrian student highlights the complexity of legal procedures in the field of residency law in Germany. The decision of the Administrative Court of Aachen emphasizes the importance of a nuanced examination and a balanced consideration of the affected interests. Especially in cases where external circumstances drastically alter students‘ living situations, such rulings can make the difference between a secured future and a return to a dangerous situation.
Source: Administrative Court of Aachen
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