A minor refugee from Syria may bring his family closer to Germany, even though federal government has suspended family reunification for recognised asylum seekers with limited protection until end of March. According to information from ARD Capital Studio, Foreign Office withdrew its appeal against a ruling by Berlin Administrative Court. That had granted 16-year-old reunification of his parents and siblings.
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According to report, his guardian had tried to obtain a hardship decision for more than two years. However, Foreign Office repeatedly rejected it. The judges recognized a serious breach of child’s welfare, which was particularly protected by Basic Law, European Convention on Human Rights and UN Convention on Refugees.
The teenager came to Germany in summer of 2015 with an older cousin. He is said to have shown clear signs of a severe trauma early.
The Foreign Office, led by SPD politician Sigmar Gabriel, had appealed to verdict only a few days ago according to information from ARD Capital Studio. Demands from leading Social Democrats had led to considerable unrest in party.
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The German asylum law knows different categories of refugees. Asylum under article 16a of Basic Law, who can prove that he is prosecuted in his home country for political, religious or or personal reasons. Wars or civil wars are not a asylum. Recognised asylum seekers receive a temporary residence permit and can make up ir families. From January to October 362,153 people in Germany applied for asylum. Almost 40% of applications were rejected, 20 per cent were done in a different way, for example, because y were Dublin cases, i.e. persons to be returned to Member State in accordance with rules of EU, where y were first registered.
Recognised refugees
Foreigners who do not comply with strict conditions laid down in article 16a of Basic Law may alternatively receive a protection status under Geneva Convention. The condition is that y are threatened in ir homeland for reasons of race, religion, nationality, political persuasion or affiliation to a particular social group. Until now, people from civil war country of Syria are granted this status almost without exception. This will give you a three-year residence permit, which also includes right to catch up with your families. Nearly 40 percent of all asylum seekers were classified in this category this year.
Subsidiary protection
Anyone who is not entitled to asylum or is recognised as a refugee under Geneva Convention can neverless receive protection. The condition for this so-called subsidiary protection status is that in his homeland death penalty, torture, inhumane treatment or danger is threatened by war or civil war. The persons concerned will not be deported but will only receive a residence permit for one year which can be extended. The grand coalition also recently decided to completely suspend right to family reunification for this group – to which, according to will of Federal minister Thomas de Maizière, all Syrians will henceforth also belong – for two years.
Gabriel said day’s show now that Foreign Office renounces an appeal and allows judgment to become final. “As socialists, we have always said that United Nations Convention on Rights of child is of particular importance – as we know at all, that it is of course bad if minors are here without parents.”
The family reunification is also subject of exploratory talks for a new government coalition. In failed talks between CDU, CSU, FDP and Greens, it was particularly controversial. In soon-to-be negotiations with Union, SPD defends itself against demand to suspend family reunification in case of subsidiary-protected refugees beyond March 2018.
“The Commandment of humanity”
In opinion of President of Council of Evangelical Church in Germany (EKD), Heinrich Bedford-Strawm, family reunification should no longer remain exposed. “If refugees can catch up with ir families to Germany when children and wives come, n integration is doing very well,” said Bedford-Strawm of new press in Passau. It is not only sensible that it is a commandment of humanity. The Catholic Berlin Archbishop Heiner Koch also considers family reunification to be “absolutely necessary”. Although this could be abused, “if a child is sent off alone so that family can meet,” Koch told Tagesspiegel.
Some scientists see family as a building block for integration. Ors disagree and point to possible emergence of parallel societies. The number of family members coming to Germany is not clear. Estimates are between tens of thousands and three quarters of a million.
