Last Chance to Argue after Withdrawal of Unrestricted Residence Permits

When your residence permit has been withdrawn or revoked, you normally only have a short period to remedy your situation with new facts and / or arguments. Often you have to "run" to court to have more time. But which arguments count? The ones entered into the administrative proceedings or those in court? The BVerwG made a decision in this matter on April 13, 2010 (re 1 C 10.09).

This case is about an Iraqi citizen who was recognized as an asylum seeker in 1995 and therefore recieved an unlimited residence permit. In 2002, the Federal Office for Migrants and Refugees (Bundesamt für Migration und Flüchtlinge), revoked the recognition because the alleged danger of prosecution did not exist anymore. In 1990, he had already unsuccessfully applied for asylum in Austria. Based upon this decision, the local competent foreigners office withdrew the unrestricted residence permit for the future and threatened to expel the Iraqi back home. The lower courts only considered arguments and facts from within the administrative proceedings - in other words outside of court. All courts did not give this case any merits. The Federal Administrative Court saw this differently.

In further pursuance of its previous precedence, as has been reported here, the BVerwG determined that this law is also to be applied in cases where an unrestricted residence permit. The arguments presented latest at the last hearing are also to be considered as to the merits of the case.