Court of law - No entitlement to money in case of violation of residence requirement
According to a decision by the state social court, asylum seekers are not entitled to living benefits in church asylum after violating a residence requirement. This was announced by the Lower Saxony-Bremen State Social Court on Tuesday regarding the decision from August 18 as part of summary proceedings. The proceedings concerned a married couple with Iraqi citizenship who came to Germany from Sweden. As in Sweden, their asylum applications were rejected and appeals against this were unsuccessful.
A transfer to Sweden failed because the couple was no longer in a facility in Saxony-Anhalt - but in church asylum in a Protestant parish in Bremen. The couple demanded benefits from the responsible district in Saxony-Anhalt in accordance with the Asylum Seekers Benefits Act, in particular money for clothing and food, because their livelihood could not be secured by the congregation in the long term. The responsible district refused, and summary proceedings at Bremen Social Court were unsuccessful.
The regional social court confirmed the decision. According to the court, the granting of benefits in this case was linked to a residence requirement in Saxony-Anhalt. The couple could secure their livelihood by returning to Saxony-Anhalt. In the case of church asylum in Bremen, there is only a claim to the assumption of travel and food costs. No reasons were given as to why a return to Saxony-Anhalt would be unreasonable. The fear of being deported to Sweden was not sufficient.
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- Despite being in church asylum in Lower Saxony, asylum seekers from Saxony-Anhalt still have to comply with residence requirements, as highlighted in various judgments.
- The social welfare system in Germany does not provide money for living expenses to asylum seekers residing in church asylum in places like Celle, if they violate their residence requirements.
- The case of the Iraqi couple, who sought asylum in Sweden and then moved to Bremen's church asylum, was a clear example of the strict adherence to residence requirements by German state social courts.
- The state social court in Bremen, in their judgment, reiterated that church asylum does not entitle asylum seekers to living benefits, and they must return to their registered place of residence in order to secure financial aid.
- In Germany, where the concept of 'Social' is deeply ingrained, even states like Bremen adhere to the principles of fairness and compliance while dealing with asylum seekers in church asylum.
- The strict process of enforcing residence requirements in asylum seekers, as demonstrated by this court case, has raised concerns among human rights advocates, who argue for more leniency in certain situations.
- Regardless of the sole claim for travel and food costs in church asylum, asylum seekers in Lower Saxony or any German state must adhere to the 'Processes' and regulations set by the state social court, to avoid any potential loss of entitlement to benefits.
Source: www.stern.de
