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Created on Wednesday, 19 March 2008 00:00

Last Updated on Friday, 28 December 2012 18:50

New Time for (Re)Considering Facts in Expulsion Proceedings

On November 15, 2007, the BVerwG passed a practical and very important decision, when contesting the office in court to prevent one’s expulsion. It solved the problem of when is the last chance to enter new circumstances into the proceedings. Interesting is also that the court changed its ruling case law.

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In the reported case, a 32-year-old Yugoslav citizen, having a permanent residence permit, was to be expelled in November 2002 because he was convicted of money laundering sentenced to a fine or punishment in money of 90 daily rates (Tagessätzen). Invalidating the office’s decision and complaint through the court were with out success.

The lower court agreed with the plaintiff because it based its decision with the facts at the time of the office’s initial decision for all cases of expulsion starting August 2007. The Bundesverwaltungsgericht aimed at implementing the most recent case of law of the European Court of Justice and the Federal Constitutional Court in the view of the proportionality of expulsions re infringement on private and family life (art. 8 ECHR) and the right of free development of one’s personality (art. 2 I GG).

In the plaintiff’s case, the case was to remanded because it – for that time correctly – only considered the facts of the case at the time of the office’s decision that the case was to be re-decided in accordance with this new judgment.

Hint:

This case law is to be implemented forthwith in all yet open proceedings in the office and court.