On The Protection Of Stateless Persons In Germany
45
Both the toleration and temporary residence permit provisions are frequently applied in practice: at the end of 2009, toleration was granted to 549
stateless persons and 7.689 persons with unclear nationality.51 The residence
permit for impossibility to leave the country was granted to 144 stateless persons and 558 persons with unclear nationality.52 There is no public data on the
number of stateless persons removed under the readmission agreements, and
there is little information in general regarding their application.
The toleration and temporary residence permit may be evaluated positively
in order to avoid the legal limbo in which stateless persons may find themselves and for allowing, although only after five years of a temporary permit, to
apply for a settlement permit (Niederlassungserlaubnis).53 However, the main
negative aspects of the current provisions are that: (1) statelessness is not identified as a protection ground and remains a hidden issue, causing lack of
awareness both of decision-makers and stateless persons;54 (2) due to the
highly decentralized administrative system and lack of public available
information (including internal guidelines and policies), it is difficult to
have a clear understanding on how the immigration authorities of different
offices deal with issues of statelessness when they arise in connection with the
right to stay, travel documents or naturalization; (3) the protection given under
the temporary residence permit is much less favourable than that of refugees
in Germany or recognized stateless persons in countries with a statelessnessspecific protection mechanism (such as the United Kingdom, Italy or Spain);55
51
52
53
54
55
<http://www.bmi.bund.de/SharedDocs/Downloads/DE/Themen/MigrationIntegration/
AsylZuwanderung/RueckkehrFluechtlinge.pdf ?__blob=publicationFile> accessed
2 August 2013.
The administration uses the category of persons with status of ‘unclear’ nationality,
despite a number of judgments have declared this contrary to the law.
Statistisches Bundesamt, ‘Bevölkerung und Erwerbstätigkeit. Ausländische Bevölkerung
Ergebnisse des Ausländerzentralregisters��� (2010) 86, 87.
§9 AufentG neugefasst durch Bekanntmachung vom 25.02.2008 (BGBl I 2008, 162); zuletzt
geändert durch Artikel 2 Abs 59 Gesetz vom 07.08.2013 (BGBl I 2013, 3154).
The settlement permit can be considered a meaningful protection status as it allows to
sponsor family members and to live in the country without time limits. However, there
are several requirements to meet, including having secured livelihood for himself and his
family, and an adequate knowledge of the German language.
Gyulai (n 1) 289.
For instance, in Germany persons granted a residence permit due to a persisting obstacle
to leaving the country are not entitled to family reunification. ibid 279. In addition, when
a stateless person obtains a residence permit for impossibility to leave the country he
must still establish his statelessness for obtaining a travel document under Article 28 of
the 1954 Convention or to apply for facilitated naturalization.
tilburg law review 19 (2014) 35-51
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