Residenzpflicht (German for mandatory residence) is a legal requirement affecting foreigners living in Germany, more specifically applicants for refugee status (Asylbewerber) or those who have been given a temporary stay of deportation (Geduldete). Those affected are required to live within certain boundaries defined by the applicants' local foreigners' office (Ausländerbehörde). [1]
Germany, officially the Federal Republic of Germany, is a country in Central and Western Europe, lying between the Baltic and North Seas to the north, and the Alps, Lake Constance and the High Rhine to the south. It borders Denmark to the north, Poland and the Czech Republic to the east, Austria and Switzerland to the south, France to the southwest, and Luxembourg, Belgium and the Netherlands to the west.
Deportation is the expulsion of a person or group of people from a place or country. The term expulsion is often used as a synonym for deportation, though expulsion is more often used in the context of international law, while deportation is more used in national (municipal) law.
Applications for refugee status are required at all times to reside in the district of their local foreigner's office (§56 and §85 of the German Refugee Processing Law - the Asylverfahrensgesetz [2] ). Foreigners with a stay of deportation are generally required to stay within the boundaries of their federal state (ranging from small city-states such as Bremen to larger states such as Bavaria) and are regulated by §61 and §95 of the German Residence Act (Aufenthaltsgesetz [3] )
Germany is a federal republic consisting of sixteen states. Since today's Germany was formed from an earlier collection of several states, it has a federal constitution, and the constituent states retain a measure of sovereignty. With an emphasis on geographical conditions, Berlin and Hamburg are frequently called Stadtstaaten (city-states), as is the Free Hanseatic City of Bremen, which in fact includes the cities of Bremen and Bremerhaven. The remaining 13 states are called Flächenländer.
The City Municipality of Bremen is a Hanseatic city in northwestern Germany, which belongs to the Free Hanseatic City of Bremen, a federal state of Germany.
Bavaria, officially the Free State of Bavaria, is a landlocked federal state of Germany, occupying its southeastern corner. With an area of 70,550.19 square kilometres, Bavaria is the largest German state by land area comprising roughly a fifth of the total land area of Germany. With 13 million inhabitants, it is Germany's second-most-populous state after North Rhine-Westphalia. Bavaria's main cities are Munich and Nuremberg.
Foreigner who contravene the relevant legislation mentioned above can be imprisoned or face fines.
The Residenzpflicht is unique to Germany. A 2007 complaint to the European Court of Human Rights was not accepted for judgment. [4] Several immigrant and refugee advocacy organisations oppose the Residenzpflicht as a violation of fundamental human rights [5]
The European Court of Human Rights is a supranational or international court established by the European Convention on Human Rights. The court hears applications alleging that a contracting state has breached one or more of the human rights provisions concerning civil and political rights set out in the Convention and its protocols.
The European Convention on Human Rights (ECHR) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953. All Council of Europe member states are party to the Convention and new members are expected to ratify the convention at the earliest opportunity.
An asylum seeker is a person who flees their home country, enters another country and applies for asylum, i.e. the right to international protection, in this other country. An asylum seeker is a type of migrant and may be a refugee, a displaced person, but not an economic migrant. Migrants are not necessarily asylum seekers. A person becomes an asylum seeker by making a formal application for the right to remain in another country and keeps that status until the application has been concluded. The applicant becomes an "asylee" if their claim is accepted and asylum is granted. The relevant immigration authorities of the country of asylum determine whether the asylum seeker will be granted protection and become an officially recognised refugee (asylee) or whether asylum will be refused and asylum seeker becomes an illegal immigrant who has to leave the country and may even be deported. The asylum seeker may be recognised as a refugee and given refugee status if the person's circumstances fall into the definition of "refugee" according to the 1951 Refugee Convention or other refugee laws, such as the European Convention on Human Rights – if asylum is claimed within the European Union. However signatories to the refugee convention create their own policies for assessing the protection status of asylum seekers, and the proportion of asylum applicants who are rejected varies from country to country and year to year.
The terms asylum seeker and refugee are often confused: an asylum-seeker is someone who says he or she is a refugee, but whose claim has not yet been definitively evaluated. On average, about 1 million people seek asylum on an individual basis every year.
Lawful permanent residents, also known as legal permanent residents, and informally known as green card holders, are immigrants under the Immigration and Nationality Act (INA), with rights, benefits, and privileges to reside in the United States permanently. There are an estimated 13.2 million green card holders of whom 8.9 million are eligible for citizenship of the United States. Approximately 65,000 of them serve in the U.S. Armed Forces.
Permanent residency in Canada is a status granting someone who is not a Canadian citizen the right to live and work in Canada without any time limit on their stay. To become a permanent resident a foreign national must apply to Immigration, Refugees and Citizenship Canada (IRCC), formerly known as Citizenship and Immigration Canada, under one of several programs.
Canadian nationality law is promulgated by the Citizenship Act since 1977. The Act determines who is, or is eligible to be, a citizen of Canada. The Act replaced the previous Canadian Citizenship Act in 1977 and has gone through four significant amendments, in 2007, 2009, 2015 and 2017.
Jeremy Dean Hinzman was the first American Iraq War resister/deserter to seek refugee status in Canada.
Since 1945, immigration to the United Kingdom under British nationality law has been significant, in particular from the Republic of Ireland and from the former British Empire especially India, Bangladesh, Pakistan, the Caribbean, South Africa, Nigeria, Ghana, Kenya and Hong Kong. Other immigrants have come as asylum seekers, seeking protection as refugees under the United Nations 1951 Refugee Convention, or from member states of the European Union, exercising one of the European Union's Four Freedoms.
Immigration detention is the policy of holding individuals suspected of visa violations, illegal entry or unauthorised arrival, and those subject to deportation and removal in detention until a decision is made by immigration authorities to grant a visa and release them into the community, or to repatriate them to their country of departure. Mandatory detention is the practice of compulsorily detaining or imprisoning people seeking political asylum, or who are considered to be illegal immigrants or unauthorised arrivals into a country. Some countries have set a maximum period of detention, while others permit indefinite detention.
In law, an alien is a person who is not a citizen or national of a given country, though definitions and terminology differ to some degree depending on the continent or region of the world. The term "alien" basically means a foreign national.
Germany is the second most popular migration destination in the world, after the United States. Of all the 27 European Union states, Germany has the second highest percentage of immigrants in its population after the United Kingdom. By UN estimates, as of 2017, 12,165,083 people living in Germany are immigrants, or about 14.8% of the German population.
The Church of Scientology Moscow v Russia [2007] ECHR 258 is a European Court of Human Rights case, concerning Article 11 of the Convention. In the case the European Court of Human Rights in Strasbourg condemned Moscow City Government's refusal to consider the Church of Scientology of Moscow for registration as a religious organisation, and as a result found that Russia had violated the rights of the Church of Scientology under Articles 11 when "read in the light of Article 9". Specifically, the Court determined that, in denying consideration of registration to the Church of Scientology of Moscow, the Moscow authorities "did not act in good faith and neglected their duty of neutrality and impartiality vis-à-vis the applicant's religious community". The Court also awarded the Church €10,000 in respect of non-pecuniary damage and €15,000 for costs and expenses.
The Russian Federation's Law on Refugees defines who is a refugee for purposes of obtaining asylum in the country. The Law defines a refugee as a "person who is outside his/her country of nationality or habitual residence; has a well-founded fear of persecution because of his/her race, religion, nationality, membership in a particular social group or political opinion; and is unable or unwilling to avail himself/herself of the protection of that country, or to return there, for fear of persecution. Upon receiving an asylum seeker's application, the Russian Migration Service determines whether the asylum seeker meets the legislative definition of a "refugee" and should be granted asylum.
Soering v United Kingdom 161 Eur. Ct. H.R. (1989) is a landmark judgment of the European Court of Human Rights (ECtHR) which established that extradition of a young German national to the United States to face charges of capital murder violated Article 3 of the European Convention on Human Rights (ECHR) guaranteeing the right against inhuman and degrading treatment.
Alien registration was a system used to record information regarding aliens resident in Japan. It was handled at the municipal level, parallel to the koseki and juminhyo systems used to record information regarding Japanese nationals.
Article 8 of the European Convention on Human Rights provides a right to respect for one's "private and family life, his home and his correspondence", subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society". The European Convention on Human Rights (ECHR) is an international treaty to protect human rights and fundamental freedoms in Europe.
Bhutanese nationality law is the law governing the acquisition, transmission and loss of Bhutanese citizenship. The Bhutanese Citizenship Act of 1985 was introduced by the Druk Gyalpo Jigme Singye Wangchuck, on June 10, 1985, modifying the definition of a Bhutanese citizen. The Act was implemented as part of a new national policy of Driglam Namzha, national customs and etiquette. Because of its emphasis on Bhutanese culture, the Act is also referred to as the "One Nation, One People Act." The 1985 Act was amended by the Immigration Act of 2007 and then superseded in 2008 by the Constitution of Bhutan insofar as previous laws are inconsistent; where not inconsistent, the provisions of the 2007 Act, the 1985 Act, and previous Acts relating to immigration continue in effect.
Illegal immigration from Africa to Israel refers to the act of African nationals entering Israel in violation of Israeli law. This phenomenon began in the second half of the 2000s, when a large number of people from Africa entered Israel, mainly through the fenced border between Israel and Egypt. According to the data of the Israeli Interior Ministry, 26,635 people arrived illegally in this way by July 2010, and over 55,000 by January 2012. In an attempt to curb the influx, Israel constructed the Egypt–Israel barrier, which was completed in December 2013.
Perinçek v. Switzerland is a 2013 judgment of the European Court of Human Rights concerning public statements by Doğu Perinçek, a political activist, lawyer and former Chairman of the Workers' Party, who was convicted by a Swiss court for publicly denying the Armenian genocide.
PRO ASYL is Germany's largest pro immigration advocacy organization. Founded in 1986 by protestant priest Jürgen Micksch, the organization has over 18.000 members and an annual budget of more than €3,400,000.
The right of asylum for victims of political persecution is a basic right stipulated in the Constitution of Germany. In a wider sense, the right of asylum recognises the definition of 'refugee' as established in the 1951 Refugee Convention and is understood to protect asylum seekers from deportation and grant them certain protections under the law. Generally, these protections are a part of the asylum procedure itself and are verified by the Federal Office For Migration and Refugees without any further application.