The case: Refugee made false statements in the asylum procedure
The plaintiff, a man from Azerbaijan, entered Germany in 2013 without identity papers. In order to increase his chances of obtaining asylum, he gave a false name and another nationality.
His application for asylum was rejected, but he stayed in Germany. In the years that followed, he began an apprenticeship, found a job, learned German and built up a social environment.
It was not until 2024, around eleven years after he entered the country, that he presented his real papers and applied for a residence permit. At the same time, he admitted to falsifying his identity. The Foreigners' office then rejected the application and ordered his deportation.
The man filed a lawsuit - in the first instance before the Schleswig-Holstein Administrative Court. When the action failed there, he turned to the OVG.
Balancing of interests: Why the authority ordered the deportation
The OVG has now confirmed the decision of the administrative court and the authority. According to the judges, the public interest in deportation is particularly high in such cases. This is because anyone who deliberately deceives the authorities about their identity is committing a serious breach of residence law.
Successful integration cannot outweigh this violation, according to the court. The decisive factor is the legal regulation in the Residence Act (Sections 54 and 55 Residence Act), according to which deception about identity or nationality is a compelling reason for deportation.
Deportation despite integration: Why no exception applies
Authorities must always weigh up interests before deporting a person. This involves examining whether family ties or other reasons for staying in accordance with Section 55 AufenthG outweigh the state's interest in deportation.
In this case, however, the man could not claim any special reasons for staying - such as marriage or responsibility for children. According to the court, his now good integration in Germany is not sufficient to outweigh the previous identity deception
The decision of the Schleswig-Holstein OVG is legally binding and cannot be appealed.
Conclusion: False information jeopardizes asylum, residence and Naturalization
The case shows just how serious misrepresentation of identity in the asylum procedure can be. Even years later and despite successful integration, those affected can be deported.
Exceptions only apply if the interest in staying outweighs the previous deception - for example in the case of a marriage or children born in the meantime.
Anyone who provides false information (such as identity or nationality) when applying for asylum risks their long-term stay in Germany. Honesty towards the authorities is therefore crucial - even if this initially reduces the chances of being granted asylum.
This applies not only in the asylum procedure, but also when applying for a Settlement permit, another residence permit or Naturalization. False information can lead to a Residence permit that has already been issued being subsequently withdrawn.
The rules for Naturalization are particularly strict: the German passport can be revoked up to ten years after it was issued if it turns out that it was obtained by deception.
