Outrageous court ruling

2 posts in this topic

This should probably in the vent thread: The mother of a 2 year old toddler wanted to apply for a visa at the German embassy in Afghanistan to be reunited with the husband and father. Due to the extraordinary circumstances, they couldn´t get an appointment and after 21 months of waiting were told to apply at the embassy in Pakistan. The fact that they couldn´t get there because of the situation was not enough in the eyes of the court to grant them an exemption from the requirement to apply in person.


The visa applicants registered on the appointment waiting list of the German Embassy in Kabul in December 2019 and, after not having received an appointment by August 2021, sought interim legal protection from the Berlin Administrative Court at the end of August 2021. They received an appointment to appear - in view of the takeover by the Taliban - at the now competent embassy in Islamabad in Pakistan for October 2021 and again for November 2021. The applicants were unable to attend either appointment because they were unable to leave Afghanistan. They claim that due to the special situation in Afghanistan, they could not be required to appear in person at the embassy; the documents they submitted, such as passport copies and copies of the marriage certificate, would have to suffice.
VG: No structural organisational deficit

The VG rejected the urgent application. The decision on the issuance of a visa generally requires a prior personal interview with the respective applicants in order to obtain the necessary information, in particular on their identity. The legislator had expressly stipulated in the Residence Act that fingerprints should be taken and photographs taken every time an application for a national visa was made in order to establish and secure identity. There was no exceptional case

(deepl translation)

source: https://www.kostenlose-urteile.de/VG-Berlin_VG-21-L-64021-V_Kein-Visum-ohne-persoenliche-Botschaftsvorsprache.news31320.htm


As much as I have reservations about unskilled migrants entering Germany, in my view this kind of reasoning is a case of cynicism. And in this case it´s cruel, too. I wonder what happened to the "special protection of marriage and family" enshrined in the basic law?


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Somehow i am not surprised. Almost a decade ago, a second generation indian origin german died in a heart attack. His newly married wife was still in india waiting for her family reunion visa . The wife of the deceased did not get any consideration to get visit visa quickly enough to attend her husband's funeral in Germany.  




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