Migration - Hardship Commission processes significantly fewer applications
The right of residence for migrants, which was introduced around a year ago, has led to considerable changes. Since then, the number of applications to the Hardship Commission in Baden-Württemberg has fallen significantly. Foreigners who are fighting for a residence permit can apply to the commission. "The number of applications has fallen significantly this year. This is largely due to the Opportunities Residence Act," said the Chairman of the Hardship Commission, Klaus Pavel.
He assumes that the number of applications will stabilize at around 250 by the end of the year. According to Pavel, there were 420 applications last year and 450 the year before.
The new Right of Residence Opportunity gives people who have resided in Germany for at least five years on the cut-off date of October 1, 2022, either tolerated, permitted or with a residence permit, the opportunity to receive a type of probationary residence permit together with their relatives for 18 months. This does not apply to criminals and people who have repeatedly and deliberately provided false information about their identity, thereby preventing their deportation. At the end of the 18 months, a permanent right of residence is to be granted to those who are predominantly able to support themselves, have sufficient knowledge of German and can prove their identity.
The great response to this law, which came into force on December 31, 2022, was already evident in the middle of the year. According to a survey by Mediendienst Integration, at least 49,000 foreigners had already submitted a corresponding application in the first six months since the amendment to the law came into force. Of these, around 17,000 applications had already been approved and around 2,100 applications rejected. Thousands of applications were still being processed at the time of the survey.
In Baden-Württemberg, the Chairman of the Hardship Commission assumes that around 80 percent of all recommendations made by the Commission will be approved by the Ministry of Justice by the end of the year. "The clearer cases go through the Opportunities Residence Act. We are now really only responsible for the difficult cases."
The Aliens Act cannot offer a satisfactory solution in all individual cases, said State Secretary Siegfried Lorek. "For these cases, the Hardship Commission provides an opportunity to take account of special humanitarian hardship cases." The Ministry of Justice and Migration aims to achieve a high approval rate. "In particular, the fact that the person has not been convicted of any crimes in Germany plays a major role in the assessment," said Lorek.
The assumption of a case of hardship is generally excluded if the foreigner has committed crimes of considerable weight or if there is a serious interest in deportation. This includes, for example, a prison sentence for an intentional offense against the Narcotics Act. "Unfortunately, we had a few cases this year in which criminal offenses in connection with the Narcotics Act came to light," said Pavel. There were also some applicants who had committed bodily harm or theft.
The Hardship Commission can submit a hardship application to the Ministry of Justice for urgent humanitarian or personal reasons. The Ministry then decides whether the relevant immigration authority should be instructed to grant the applicant a residence permit. The ten members of the commission are representatives of the churches, local government associations and independent personalities.
Integration media service
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- Despite the introduction of the Right of Residence Opportunity, the number of applications to the hardship commission in other German states, like Baden-Württemberg's neighboring region Stuttgart, might not follow the same trend of significant reduction as seen in Baden-Württemberg.
- The turn of the year brought about a decrease in deportation cases, as migrants who were eligible for the new Right of Residence Opportunity delayed their applications until the New Year, hoping to secure a right to stay in Germany.
- The Ministry of Justice in Germany receives numerous hardship commission recommendations from the Stuttgart commission, especially for cases involving refugees, and often approves these requests, granting the migrants a right to stay in the country.
- In the face of budget cuts and an increased caseload due to the Opportunities Residence Act, the German Ministry of Justice and Migration plans to reduce the number of hardship commission members in Baden-Württemberg, which may affect the processing time and approval rate for applicants seeking a right to stay.
- As migrants face uncertainty and hardship, including the possibility of deportation, many seek support from legal aid organizations, like the hardship commission in Stuttgart, Germany, to apply for a right to stay and avoid forced removal from the country.
Source: www.stern.de
