Mbaye has been held pending deportation since the end of April. He is 51 years old from Senegal. On the evening of the phone call to NDR Info, Faye does not yet know exactly when he will be relayed. In 2017, Faye began training as a chef in Greifswald. Although he did not pass the final exam, he was able to continue working in the restaurant after that. Now he is in a deportation prison. The migration attempt failed just a few days ago. Apparently, the immigration office booked the wrong airline ticket. Fay says in German that the situation is very stressful. “I can’t sleep, I want to get out of this prison. I want to live here in Germany, in a normal life.”
Right to Residence Opportunity for Well-Integrated Persons
So Faye is waiting for the next migration attempt. Possibly one of the persons allowed to stay under the planned right of residence. Federal Interior Minister Nancy Visser (SPD) recently drafted for this purpose. It is available for NDR Info. It states that people who have been living in Germany for more than five years on January 1, 2022, who have no extremist connection and have remained unpunished, have a chance of obtaining a residence permit. It is not yet clear how exactly this will be interpreted.
Schwerin wants to suspend deportations for now
The state of Mecklenburg-Vorpommern does not actually want to deport this group of people until then. A letter from the Ministry of the Interior to the municipal immigration authorities states the following:
“With regard to this group of people, I would like to point out that no objection will be raised by the supervisory authorities if the efforts of your authorities to terminate your residence are not initially given priority.”
Ministry of the Interior of the State of Mecklenburg-Vorpommern
So the Aliens Authority can continue to tolerate a person who, according to future law, is likely to remain in Germany – but does not have to.
No exception for Fi
The Immigration Office of the county Vorpommern-Greifswald is responsible for Mbei. NDR Info asked questions about his condition. A spokeswoman for the district said they would not comment on individual cases for data protection reasons. When asked how the authorities deal with the information from the Ministry of Interior, she replied that there is still no draft law. “It is therefore not currently expected to determine what specific criteria must be met to obtain a right of residence by opportunity and which specific individual cases can claim such a right of residence.” However, according to the current situation, the county assumes that Phi does not fully meet the requirements. Do not take the opportunity to wait with deportation until the entry into force of the new law.
The interior ministries of Mecklenburg-Vorpommern, Schleswig-Holstein and Lower Saxony have given news information to the local immigration authorities. According to this, the authorities do not risk any disciplinary action if they do not deport people who are likely to meet the criteria of the Planned Residence Opportunity Act. But this note is not legally binding, as the case of Faye of Mecklenburg-Vorpommern shows. Hamburg has not yet developed a comparable list. However, the planned law will be taken into account when “prioritizing” deportations, according to the Senate’s response to a question from the left.
Flee from Afghanistan, refused asylum
There is no such transitional arrangement in Hamburg. Planned law has always been an issue at Diakonie’s counseling center “Villegenpunkt,” says Haikou Haap, an asylum law attorney. His clients regularly asked about the new law. “They are much faster in their hopes and expectations than the legislature.”
Muhammad also asked about it. He fled Afghanistan in 2016 because he and his family were threatened by the Taliban, he said. Nearly five years later, his asylum application was rejected. In the summer of 2021, just weeks before the Taliban seized power in Kabul. Since then it has been tolerated.
Difficult job search with tolerance
Muhammad says he still lives in a refugee shelter. He shares a room with his roommate. He cannot travel to visit his family members because it is allowed. He is only allowed to work if the immigration authorities allow him to do so. This makes it difficult to find a job: “I have to wait three or four weeks before I get a work permit. Until you get a work permit, they will find someone else. There are thousands of people in the city looking for work.” He has repeatedly had the experience of employers giving a job to someone else because he did not get his work permit fast enough.
Asylum advisor: the opportunity for the right to residence as an important step
Asylum counselor Habibi knows these problems from people who have been tolerated for many years, sometimes decades. It’s the right thing to do with the residence permit planned and pass it on to the people: “You can get a residence permit”. Habiba thinks that Mohammed may qualify. Surely the two will not be able to say that until the law is passed.
The law comes too late for Faye
MbeFi can no longer check whether it meets the requirements for the right of residence. Vorpommern-Greifswald did not take the opportunity to wait for the new law. His supporters report: Mbaye Fi deported the day after his phone interview with NDR Info.
asylum seekers (Asylum seekers, people seeking protection) are aliens who have submitted an asylum application that is still being processed. They usually live in primary reception housing. Refugee It is a legal term that is often used colloquially in a generalized way. Refugees according to the Geneva Refugee Convention are foreigners whose asylum application has been approved. They got refugee protection because they were being persecuted back home. Refugee And the Fugitives Not legal terms. subsidiary protection Not inferior. It is a protective case for people who are not personally persecuted but are nonetheless threatened at home – as in the Syrian civil war. A foreigner must leave the country if he does not have a residence permit/visa. If the asylum application is rejected and all other legal steps fail, so is the alien Wanted to leave the country. If something speaks against leaving the country – illness, training, passport problems, criminal proceedings – it gets forgiven.