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First Case on Humanitarian Sojourn Following New Law

The OVG Leipzig has now decided for the first time on what conditions a residency permit on humanitarian grounds in accordance to the new law (§25 AufenthG) in the case of denied asylum seeker, who is arguing that he may not be deported because of illness.


The court made clear that a residence permit following §25 AufenthG is to be granted more easily. This permit is to avoid the so called “chain tolerations”. Following the old law, a person who was to be deported but had cause against deportation was never granted a residence permit only a “toleration (Duldung)”. This meant that every few months this person that actually had to be deported but could not had to reapply for his toleration every few months. The new law now rules that if the Federal Office (Bundesamt) officially recognizes that a deporting prohibition and no estoppel legally exist, a residence permit is to be granted. The Immigration Office is restricted to the opinion and judgment of the Bundesamt. This goes for the typical case. An atypical case will be granted differently. An atypical situation will be assumed – following the court’s judgment – if the Bundesamt initiates a revocation proceeding to meet the differing situation in the home country.

Published on the old CMS: 2006/7/16
Read on the old CMS till November 2008: 1,281 reads