Germany: Update to Response to Information Request DEU30335.E of 2 November 1998 on the rights of those who have been granted an aufenthaltsbefugnis, whether they have the right to non-refoulement, the circumstances under which the German authorities can oblige them to return to their country of origin, whether they are permitted to leave and return to Germany and retain their aufenthaltsbefugnis status and, if so, whether there are any qualifications or limitations to this right; whether the ability of a person to leave and return to Germany and retain his/her aufenthaltsbefugnis status is altered by the presence in Germany (during the person's time abroad) of a spouse who also has an aufenthaltsbefugnis and, if so, the manner in which the status is altered
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 November 1998 |
| Citation / Document Symbol | DEU30667.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, Germany: Update to Response to Information Request DEU30335.E of 2 November 1998 on the rights of those who have been granted an aufenthaltsbefugnis, whether they have the right to non-refoulement, the circumstances under which the German authorities can oblige them to return to their country of origin, whether they are permitted to leave and return to Germany and retain their aufenthaltsbefugnis status and, if so, whether there are any qualifications or limitations to this right; whether the ability of a person to leave and return to Germany and retain his/her aufenthaltsbefugnis status is altered by the presence in Germany (during the person's time abroad) of a spouse who also has an aufenthaltsbefugnis and, if so, the manner in which the status is altered, 1 November 1998, DEU30667.E, available at: https://www.refworld.org/docid/3ae6ab4e5c.html [accessed 25 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
A 23 November 1998 letter sent to the Research Directorate by a third secretary of the Embassy of the Federal Republic of Germany in Ottawa states:
As far as information is available to this Embassy I can answer your questions as follows:
1. and 2. [Whether those granted an aufenthaltsbefugnis in Germany have the right to non-refoulement, and the circumstances under which such people can be obliged to return to their country of origin].
The "Aufenthaltsbefugnis" is only issued if a person does not apply for asylum (refugee status) or withdraws an already made application for refugee status. It is issued if a person cannot be sent back to his/her country of origin for humanitarian or political reasons or reasons according to international law, especially for persons from war or civil war zones, or if it is in the political interest of the Federal Republic of Germany to issue this permit. A person holding an "Aufenthaltsbefugnis" because the country of origin is a war or civil war zone can only be deported for reasons of public security of the FRG. As soon as the reasons for which this person is allowed to stay do not exist any more, the person is obliged to leave Germany.
3 a. As far as information is available to this Embassy, a person holding this permit is allowed to leave and return as long as the permit is valid (permit is issued for two years, but can be extended, persons who hold this permit for at least eight years might be eligible for a different type "unbefristete Aufenthaltserlaubnis" (unlimited residence permit) if they fulfil certain requirements) but may not leave Germany for more than six months without a special permit issued by the competent alien's authorities.
A person holding the permit "Aufenthaltsbefugnis" is restricted to take residence in the Federal State that issued the permit and sometimes is only allowed to take residence in a specific district or town in Germany. Change of residence within Germany is only allowed with the permission of the authorities of the Federal States involved.
3 b. Not as far as information is available to this Embassy.
The last sentence in the above citation is in response to the following question: is the ability of a person to leave and return to Germany and retain his/her aufenthaltsbefugnis status altered by the presence in Germany (during the person's time abroad) of a spouse who also has an aufenthaltsbefugnis and, if so, in what manner?
Additional or corroborating information on the rights of those granted an aufenthaltsbefugnis in Germany, beyond that contained in the above citation and in Response to Information Request DEU30335.E of 2 November 1998, could not be found among the sources consulted by the Research Directorate.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.
Reference
Embassy of the Federal Republic of Germany, Ottawa. 23 November 1998. Letter sent to the Research Directorate by a third secretary.
Additional Sources Consulted
Unsuccessful attempts to contact other oral sources.
