Bavaria: SPD demands deportation stop because of Opportunity Residence Act

Munich (dpa/lby) - The SPD in the Bavarian state parliament is calling for a deportation stop for all foreigners who fall under the regulations of the federal government's new Opportunity Residence Act.

Bavaria: SPD demands deportation stop because of Opportunity Residence Act

Munich (dpa/lby) - The SPD in the Bavarian state parliament is calling for a deportation stop for all foreigners who fall under the regulations of the federal government's new Opportunity Residence Act. In an emergency motion, which is to be discussed in the state parliament on Thursday, she calls on the state government to "refrain from implementing measures to end residence" in appropriate cases. In addition, cases for which deportations had been initiated since July 6 should be re-examined. The results would then have to be presented to the state parliament.

Well-integrated foreigners who live in Germany without a secure status should benefit from the right of residence. Anyone who has lived in the country for five years as of October 31, 2022 and has not committed a crime has 18 months to meet the requirements for long-term residence - this includes knowledge of German and securing their own livelihood. The asylum reform project is to be voted on this Friday in Berlin.

The SPD justifies its application with reference to a current case from Garmisch-Partenkirchen and a case law of the Federal Constitutional Court from 1999. The deportation of the well-integrated Ethiopian planned by the competent foreigners authority could only be stopped because he was affected by the imminent change in the law on chances of residence rights could benefit.

"It is therefore essential to review all the cases in Bavaria in which measures to end the stay and deportations from Bavaria were carried out in violation of the applicable case law of the Federal Constitutional Court," the SPD application continued. At the latest since the cabinet decision of the federal government of July 6th to introduce an opportunity right of residence, the said regulation is imminent. Some federal states have already ensured by means of an anticipatory regulation that these people will not be deported in order to prevent faits accomplis and cases of hardship from being created.