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Parent Category: News Archives

Created on Friday, 07 November 2008 02:52

Last Updated on Friday, 28 December 2012 18:50

Efforts to Clarify one’s Identity

In all cases where you need to identify yourself, this is strictly your personal duty to make sure that you can comply. If you are abroad, then foreign authorities expect that you yourself will consult your embassy to be able to show who you are. It belongs to the major duties of a foreigner to carry a passport in Germany -- §3 I AufenthG. A passport is an essential requirement for a residence permit – §5 I AufenthG.

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The OVG North Rhine Westphalia decided a case on March 14, 2006 (re 18 E 924/04), about a person from the group of "Maktumin", which is not registered in Syria, applying for residency. The court ruled that in such case the plaintiff had to at least clearly record his family relations. This was to be done with detailed recording on the date and the place of his own birth, the date and the place of parent’s and grandparent’s birth. Furthermore, all previous and former residencies and sojourns were to be listed. All this is to plausibly shown with supporting documents of local authorities – as far as possible. It is considered as reasonable that persons back home be asked for support – even to hire the services of an attorney in one’s home country. It is the applicant’s lawful requirement to assist the authorities by identifying yourself or to send you back home.

Normally, persons will receive a residence permit if they cannot be deported for factual or legal reasons – unless it’s the applicant’s fault that it is impossible that he cannot be deported (§25 V 3, 4 AufenthG). The immigration office has to normally prove that the applicant cannot be deported. This is true unless the applicant does not support or makes it impossible for the authority to prove his identity. Since the plaintiff in the above case presented forged documents, he raised doubts relating to his identity. The impossibility of obtaining a passport is always on the account of the foreigner because this matter is exclusively in his very personal realm. The plaintiff must prove his inability to comply.




Published on the old CMS: 2006/12/28
Read on the old CMS till November 2008: 60 reads