Turkish plaintiff demands extension of residence permit
The case was brought by a man from Turkey who was born in 1983. He came to Germany as a child as part of family reunification. However, his temporary Residence permit expired in 2015.
He was initially refused an extension - because of his links to an Islamist group, which he has since renounced and is cooperating with the police.
During an attempted deportation in 2017, the man applied for asylum. However, the Federal Office for Migration and Refugees (BAMF) rejected this application as "manifestly unfounded". As a result, the Foreigners' office also refused to extend his residence permit - with reference to Section 10 (3) AufenthG.
To explain: Section 10 (3) of the Residence Act states that a new residence permit may not be issued if an asylum application has been rejected as "manifestly unfounded".
This is how the court ruled
The plaintiff argued in court that he was not seeking a new residence permit, but an extension of his previous one. Section 10 (3) AufenthG could therefore not apply.
The Federal Administrative Court upheld the man's claim - at least in principle. A rejected asylum application does not automatically prevent the extension of an existing residence permit. The decisive factor is the difference between (new) granting and extension.
However, the court also made it clear that the plaintiff did not meet all the special requirements for an extension of residence under Section 35 AufenthG.
This means that the Foreigners' office may not refuse to extend the man's residence permit on the basis of Section 10 (3) AufenthG - but it may refuse to do so under Section 35 AufenthG.
Whether he can instead be granted a discretionary residence permit(Section 34 (3) AufenthG) must now be examined by the Higher Administrative Court in further proceedings.
Conclusion: What the ruling means for migrants in Germany
The ruling provides clarity for people whose residence permit expires and who have also submitted an unsuccessful asylum application.
- A rejected asylum application does notautomatically blockthe extension of a residence permit.
- The difference between granting (new application) and renewal (continuation of existing status) is important.
- Nevertheless, all other requirements for a residence permit must be met - such as a secure livelihood, a valid passport and no serious grounds for deportation.
With its decision, the Federal Administrative Court strengthens legal certainty for many migrants in Germany. At the same time, the ruling makes it clear that extensions always depend on the individual case. Anyone who finds themselves in a similar situation should seek legal advice at an early stage.
