Residence Prohibition Order Case (No 1)
| Date | 24 Septiembre 1968 |
| Court | Regional Court (Germany) |
The individual in international law Aliens Expulsion of aliens Right of expulsion Order prohibiting continued residence of alien within territory of State Effect of Application to defer such an order Effect of marriage between alien and national of expelling State upon such an order Illegal re-entry Conduct Public interest The law of the Federal Republic of Germany
Summary: The facts:In 1962 the defendant Authority issued a residence prohibition order in respect of the plaintiff, a British national, prohibiting his continued residence in the Federal Republic of Germany. Following his marriage to a German national, the plaintiff re-entered Germany in 1966 with his wife and children and applied for a deferment of the original order. The application was rejected. The plaintiff appealed.
Held:The appeal was dismissed. In refusing to defer the order the defendant had not been guilty of an abuse of its discretionary power. The plaintiff's circumstances had not changed to a sufficiently significant degree to warrant the deferment of his expulsion. Evidence of his illegal re-entry into the Federal Republic, of his propensity not to respect the law and finally of his family's ability to live outside the Federal Republic indicated that the decision not to defer was legitimate.
The following is the text of the judgment of the Court:
The plaintiff, a British national, entered the territory of the Federal Republic of Germany in February 1958. Thereafter on several occasions he was punished in respect of offences of fraud. In 1962 the defendant, the Oberstadtdirektion[1], issued an order prohibiting the plaintiff's continued residence in Germany. The plaintiff subsequently left the country. On 1 May 1964 he married a German national abroad. In 1966 he re-entered Germany together with his wife and children. His application for an ex post deferment of the residence prohibition order was rejected, and legal proceedings which he instituted against that decision were unsuccessful.
According to Article 52 AuslG[2] a residence prohibition order is
deemed to have the same legal effect as an expulsion order. Thus the plaintiff was prevented from re-entering the territory of the Federal Republic (Article 15 AuslG). Under Article 15(1) AuslG the authorities are not entitled to re-issue a residence permit. However the authorities may defer and thus suspend such a residence...Um weiterzulesen
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