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Foreigners‘ Law: The authorities are responsible for ensuring the minimum subsistence of an asylum seeker even if relatives refuse to provide support.

Social Court of Dortmund, 11.05.2011, S 47 AY 58/11 ER

Foreigners without means and refugees generally receive benefits under the Asylum Seekers Benefits Act (AsylbLG). In addition to the benefit systems of basic income support for job seekers and social assistance, the AsylbLG provides an independent benefit system to secure subsistence.

However, compared to the level of benefits under basic income support for job seekers (SGB II) or social assistance (SGB XII), the benefit level under the AsylbLG is significantly reduced.

The regular form of assistance under the AsylbLG is thus the provision of in-kind benefits or vouchers.

Cash benefits are only exceptionally permitted in the presence of special circumstances and in the form of an allowance for personal use.

The Social Court of Dortmund had to decide whether an asylum seeker is entitled to benefits even if a relative, who is obligated under foreigners law to secure the applicant’s livelihood, fails to provide support.

Introduction: Declaration of commitment and refused support

The case involves a 64-year-old asylum seeker from Zimbabwe who entered Germany with a visitor visa. Her former German son-in-law had committed to covering her living costs and return travel expenses. However, after the visitor visa expired, he refused to provide this support.

Legal stance of the City of Hamm

The City of Hamm argued that the applicant should continue to rely on her son-in-law for financial support. In their opinion, the applicant should seek to resolve her financial situation through him.

Decision of the Social Court of Dortmund

The Social Court of Dortmund disagreed with the City of Hamm’s position. It ruled that the son-in-law’s declaration of commitment could only counter the applicant’s claim to state benefits if he actually secured her livelihood. This is necessary to ensure the constitutionally guaranteed right to state-secured subsistence. The City of Hamm may take legal action against the son-in-law based on the declaration of commitment but may not evade its own responsibility by referring the applicant to a return ticket to Zimbabwe. Any obligation to leave the country must be enforced under the relevant immigration law provisions.

Source: Social Court of Dortmund

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