Germany ensures through the Citizenship Act (Staatsangehörigkeitsgesetz)
that stateless and other persons are able to acquire German citizenship if eligible.
In general, all naturalization candidates need to fulfil the same requirements, for
example having legal residence in Germany for 8 years.698 In special cases, stateless
persons (and refugees) can be naturalized after seven years instead of eight years of
legal residence in Germany.699
7. Additional Relevant Jurisprudence700
Case 11 LC 312/10
The High Administrative Court of Luneburg ruled in January 2011 that Palestinians
who are registered in Lebanon but obligated to leave Germany are able to receive
a Laissez-Passer from the Lebanese Embassy to return to Lebanon. Therefore, the
person concerned needs to apply for such a pass; without having done so, s/he will
not receive a residence permit under the Residence Act.
Case 35 K 202.11
In an 25 August 2011 decision, the Administrative Court of Berlin takes the view
that Lebanon had been preventing Palestinians from returning to Lebanon and had
not issued Laissez-Passer documents. The Court observes that since 2010, there had
not been any cases in which a stateless Palestinian succeeded in efforts to return
voluntarily to Lebanon. Therefore, the Foreigners Authority is not allowed to ask for
a certificate showing that the person concerned applied at the Embassy of Lebanon to
receive a Laissez-Passer, because such an application has no prospect of success. If
the Foreigners Authority believes that there is a chance to receive the Laissez-Passer,
they need to submit the application form and monitor the procedure. Otherwise, they
need to grant the Palestinian involved a residence permit.
Case 11 LA 68/13
The High Administrative Court of Luneburg ruled on 15 March 2013 that
there was no possibility of returning to Israel for Palestinians from the Gaza Strip
without any other citizenship. The Court supports its view with several reports by
the German Federal Office of Foreign Affairs, the Country Policy Bulletin by the
British Home Office, the Swiss Refugee Council and several internet reports by the
United Nations Office for the Coordination of Humanitarian Affairs (OCHA) in the
Occupied Palestinian Territory.
698
State of Germany, “Nationality Act (Staatsangehoerigkeitsgesetz) of 22 July 1913 (last
Amended in 2012),” July 22, 2013, http://www.bmi.bund.de/SharedDocs/Gesetzestexte/EN/
Staatsangehoerigkeitsgesetz_englisch.pdf?__blob=publicationFile, Section 10(1).
699
Ibid., Section 10(3).
700
Information provided by Laura Hilb.
Survey of Protection at the National Level
143
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