According to § 75 sentences 1 and 2 of the VwGO, a lawsuit for inaction can be filed after a period of three months from the submission of an application for the issuance of an administrative act if a decision on the application has not been made (substantively) within a reasonable period without sufficient reason. If there is a sufficient reason for the delay in issuing the requested administrative act, the court may suspend the proceedings under § 75 sentence 3 VwGO until the expiration of a period determined by the court.
The Administrative Court ruled that the plaintiff is not required to reapply for citizenship in order to obtain a passport and confirmed his entitlement to a substitute identity document under § 48(2) of the Residence Act in conjunction with § 55(1) No. 1 of the Residence Ordinance. The rejection by the immigration authority was deemed unlawful.
Ultimately, the court concluded that the plaintiff’s lawsuit was unfounded and that the deportation, as well as the entry and residence ban, were lawful. It determined that the deportation was proportionate and served the purpose of protecting public safety and order.
The ruling addresses the case of a Ukrainian family seeking protection in Germany due to the war and associated health risks. The court determined that the minor children would face inhumane or degrading treatment if returned to Ukraine, and therefore, a deportation ban exists under Section 60(5) of the Residence Act in conjunction with Article 3 of the European Convention on Human Rights (ECHR).
