Insignificancy in Relation to Discretionary Expulsion

Discretionary expulsion is a subject if you have become a danger for public safety and order of Germany or other significant reasons (§55 I AufenthG).

If your offense is minor, the immigration office will not touch your status – unless the number of minor offenses has become major. The question when your administrative offense or crime becomes significant is not answered by the law. Therefore, it must be answered by case law. The OVG Berlin-Brandenburg gave an answer on September 29, 2005 (re 3 N 192.05) to this question.

The regulation of §87 IV 2 AufentG gives a clue. §87 AufentG generally obligates the state attorney or administrative office to report any crime or administrative offense to the immigration office ex officio. However, the clause says that this is not necessary if the foreigner has offended an administrative rule that is subject to a fine of less than EUR 1,000. In other words, if you were fined for speeding for EUR 200, you need not worry about your stay in Germany. Start getting nervous if you are fined with EUR 2,500 for running a bodyguard company without first obtaining the necessary permission.





Published on the old CMS: 2007/1/18
Read on the old CMS till November 2008: 114 reads