The district office considers the asylum procedure to be completely correct

To the article "sentenced to inactivity from 11. September the district office of erlangen-hochstadt is cleaning itself up. First of all, stephanie mack explains for the district office: "we ask for your understanding that we only give limited personal information in current administrative procedures. Due to the complex legal situation, each case must be considered individually."

In the matter it is explained: "the foreigners addressed are not recognized refugees. In particular, the question of sufficient participation for the clarification of identity was examined and evaluated in the cases mentioned according to the relevant aspects at the time of decision-making.

Legal requirements

If a foreigner wants to take up an occupation, the conditions to be examined by the foreigners' authorities depend first and foremost on the respective residence status of the foreigner. Depending on whether a foreigner has refugee status, is still in the process of being granted asylum, or whether the asylum procedure has been concluded with a legally negative outcome, there are different legal prerequisites. Within these groupings, different legal requirements must be observed depending on the specific individual case, which cannot be presented here in detail.

Recognized refugees are allowed to work by law and do not need an employment permit from the foreign authorities, so the problems mentioned only arise for foreigners who are still in the asylum process or who are already obliged to leave the country.

There are many different considerations to be taken into account when deciding on an employment permit. This includes. A. Also a clear identity or. Sufficient cooperation in the declaration of identity.

If a foreigner is still in an ongoing asylum procedure, d. H. If he or she has a residence permit, he or she may be required to cooperate adequately in establishing his or her identity and to take all reasonable steps to that end. What the foreigner can be expected to do depends on the individual case and, in particular, on the circumstances in his or her home country.

Since the document situation can change quickly in any country, the newly created state office for asylum and resettlement has up-to-date information on all countries.

After consultation with the state office, it is currently possible for athiopians to obtain an original birth certificate. For this purpose, the persons concerned do not have to contact the home authorities themselves, which is why they can be reasonably expected to do so even in the course of the proceedings. A document presented is subsequently checked for authenticity. In individual cases, this can lead to a review by the german diplomatic mission in the respective home country.

Reasonable procedure

As a law enforcement agency, it is important for us to request documents and evidence only when it is possible and reasonable to obtain them. In other proceedings, we have already been presented with original birth certificates with photographs, which have also passed a post-test, which confirms our assumption. If the petitioner does not present an original, it is not possible to verify its authenticity. Thus, no proof of identity has been provided, which is taken into account as a negative aspect in the context of a discretionary decision. The discretionary aspects that would otherwise have to be taken into account cannot be imposed on the "IMS", the letter of the bavarian state ministry of the interior, for sport and integration of 4. March 2019, can be taken. In the context of a petition, the ministry of the interior is informed of or provided with all circumstances and documents known to us that are relevant to the decision.

As soon as the asylum procedure has been legally concluded and the foreigner is subject to an enforceable obligation to leave the country, the foreigner must cooperate in obtaining his or her passport, otherwise the law stipulates that he or she is absolutely prohibited from employment.

After the 21. Due to a change in the law on foreign nationals since august 1, the foreign nationals department of the district office is currently reassessing the cases in question." 

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