Administrative Court of Augsburg, August 28, 2018, Case No.: Au 1 K 17.1602
Marriage and family are granted a special status in Germany and are protected under Article 6 of the Basic Law (Grundgesetz). This protection is a crucial factor in decisions regarding deportations, repatriations, or visa applications. In cases of family reunification, particularly when a minor German child lives in Germany, it must be demonstrated that the foreign parent genuinely fulfills a parental role.
Case Study: Denied Family Reunification
In this specific case, a Nigerian national applied for a residence permit for family reunification with his German son. The Federal Office for Migration and Refugees rejected this application, citing the lack of a close support relationship between father and son. The Administrative Court of Augsburg upheld this decision.
Facts
In this specific case, a Nigerian national applied for a residence permit for family reunification with his German son. The Federal Office for Migration and Refugees rejected this application, citing the lack of a close support relationship between father and son. The Administrative Court of Augsburg upheld this decision.
Facts of the Case
The plaintiff entered Germany in 2010 and applied for asylum, which was denied. He had been convicted of multiple criminal offenses and did not possess a valid passport for years. His German son was born in 2015, and he acknowledged paternity. However, the plaintiff rarely saw his son and did not provide financial support or participate in the child’s upbringing.
No Exception from the Visa Requirement
The possibility of waiving the visa requirement was also denied. The plaintiff had no entitlement to a residence permit and was required to complete the visa process in his home country. The court found that his departure was reasonable, as there were no insurmountable obstacles.
Conclusion
The plaintiff had no claim to a residence permit or a temporary suspension of deportation (Duldung). The familial ties were insufficient to outweigh the public interest in enforcing the visa process.
Source: Administrative Court Augsburg
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