The case: Why was entry to Germany refused?
The boy was born in Germany in August 2023 as the son of Jordanian nationals. His parents had legal Residence permit in Germany at the time. No decision had yet been made on the extension of these permits or on the application for a residence permit for the child at that time.
In the summer of 2024 , the family traveled to their Jordanian homeland. When they returned, their one-year-old son was refused entry to Germany. The reason given for this was the lack of a valid residence permit.
The competent authority also rejected a hastily applied for visa due to security concerns regarding the parents. In the end, this meant that while the parents were allowed to enter Germany, the child had to stay in Jordan.
Emergency applications to the Berlin Administrative Court and the Berlin-Brandenburg Higher Administrative Court were unsuccessful. The parents then lodged a constitutional complaint on behalf of the boy. At the same time, they applied for a temporary injunction under Section 32 (1) BVerfGG to end the separation in the short term and allow the child to enter Germany.
Family reunification: this is how the court ruled
By way of explanation: The Federal Constitutional Court issues a temporary injunction if it is necessary to prevent serious disadvantages or appears to be urgently required for an important reason.
If the outcome of a constitutional complaint is still open, the court weighs up the consequences: It compares which disadvantages are more serious - waiting for the main decision or an immediate temporary ruling.
In this particular case, the court ruled in favor of the child. According to the judges in Karlsruhe, a longer stay in Jordan, separated from his parents, can cause considerable harm to the toddler.
In contrast, atemporary stay in Germany until the parents' Residence permit has been finally clarified is less problematic. Security concerns about the parents do not play a role here.
Court: The best interests of the child take precedence
The judges of the Constitutional Court therefore granted the parents' application. The Federal Republic of Germany must allow the boy to enter the country.
In the opinion of the Constitutional Court, the specialist courts in the present case had not sufficiently taken into account the fundamental right to protection of the family (Article 6 (1) and (2) of the Basic Law). The child's age of less than two years was decisive.
Public interest vs. best interests of the child
The Federal Constitutional Court thus made it clear that the decisive factor is the welfare of the child - not the public interest.
However, no decision has yet been made on the constitutional complaint itself, which concerns the issue of the right of residence. According to the online magazine LTO at least the mother was recently in Germany. It is not yet known whether the boy has also returned in the meantime.
Traveling home: Risk for beneficiaries of protection - When is there a risk of losing the residence permit?
It is not known which Residence permit the couple from Jordan had when they traveled to their home country. However, for many people with residence permits in Germany - especially those with protection status - the question often arises: Is there a risk of losing their protection status when they travel home?
Since October 2024, there has been a notification obligation under Section 47b AufenthG. Persons with protection status must notify the Foreigners' office in advance of any planned trips home - otherwise they may be fined or even lose their residence permit.
Affected in particular are:
- Persons entitled to asylum(§ 25 para. 1 AufenthG)
- Recognized refugees or beneficiaries of subsidiary protection(Section 25 (2) AufenthG)
- Persons with a national ban on deportation(Section 25 (3) AufenthG)
- Holders of a Settlement permit on the basis of a protection status(Section 26 (3-4)AufenthG and Section 9 and 35 AufenthG)
Persons with other residence permits (e.g. work, study, family) are not obliged to report their trip home.
We explain all the details - when a trip home is permitted, when it is not and what you should do if you are at risk of losing your residence permit - in our Blog: "Traveling home with protection status: Section 47b AufenthG - Obligation to notify, risks and exceptions explained".
