Court and Ausländerbehörde which is more powerful?

Question

Please wefugees, i have a very tangible question to ask.. it's concerning my cousin case in the court. The court has sent a hearing date to him concerning his residence permit for marrying a German lady and they have kids together. But, Ausländerbehörde sent him another letter saying he must go back to his home country for family reunion.. but, the court date is yet to come. So, my question is, Ausländerbehörde and the Court which is more powerful to speak?? Am really confused on his case right now. Thanks

Comments

My issue is similar to your cousin’s. I got married here in Germany and up till now no residence permit though no child between me and my husband yet but we’ve been living together over a year since we got married. Now Ausländerbehorder wants me to go back to Nigeria and apply for family reunion visa which am scared to do so and now court has sent me letterconcerning my asylum case in court in 2months time.

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@Queenly, Congratulations on ur wedding. Same Country my cousin came frm. Well, try to take a good Lawyer. But, firstly ur must cancel ur Asyl since u are already MARRIED. So, ur termin with court will be cancelled. Sometimes cities matters too.. Bayern is the worst.

Answer 1

Dear Obumkelly79,

thank you for sharing of this problem in the community. I am a migration assistant of an online migration advice projekt called mbe-on. That would be important to see the both letters, from the court and from the immigration office. In order to do that, it has to be confidential.

That´s why I would recomend you to download the following app:

- for Apple: https://apps.apple.***/de/app/mbeon-messengerberatung/id1408795643

- for Android:https://play.google.***/store/apps/details?id=de.zone35.mbeon

You can contact me and we would see how shall your cousin handle. My profile in the mbe-on system: B.Zsigó Standort Alzey. Follow the instructions of the app and I hope we can talk again.

Hoping to hear about you soon.

Béci Zsigó

Comments

Thank you so much.. but, there is nothing in the letter so confidential because I translated it for him. The court only said he should come for hearing on a particular date. While later on Ausländerbehörde sent another letter to him through his lawyer stating he must go back to his home country for family reunion. That's all. But, i told him to wait till court hearing because he can't go back to his country leaving his family behind.

Answer 2

Dear @Obumkelly79, thank you for contacting the wefugees community. The court is more powerful than the Ausländerbehörde. The case you describe happens quite often. The Ausländerbehörde usually insists on people entering Germany with the correct visa (this is what they mean with going back for family reunion). BUT in cases in which someone has a right to get a residence permit (in german "Anspruch") the authority can refrain from the normal visa process. Also if going back to the homecountry is not possible or reasonable. I assume, without knowing the case better, that the court will decide about this question. But, coming back to your question, the decision of the court counts and the Ausländerbehörde has to abide by this decision. Please note that this is only general information and cannot replace qualified legal advice. Kind regards Ruth