The Sigmaringen Administrative Court dealt with the question of whether a family with parents who have different nationalities could return to a country of origin together. This is not the case with diverging nationalities of the parents. Here the parents would first have to obtain a right of residence for the respective other country.
In the specific case, it is about parents, some of whom have Nigerian citizenship and some of whom have Cameroonian citizenship. They met in Germany, have children together and are unmarried. The above question is relevant in the context of the decision on the asylum application of children born in Germany. The court had to examine the award of a ban on deportation for a daughter. It examined under the premise that the parents cannot return together and, as a single parent, would then have to look after the children in the respective country of origin. An adequate supply was denied in the specific individual case. Even if they returned together, the court doubted that care could be guaranteed. Because the foreign parent has no connections in the other’s country of origin. It is unlikely that the situation of the entire family could be improved by returning together compared to the return of a single parent.
- VG Sigmaringen (8th chamber), judgment of September 20, 2021 – A 8 K 2172/20
—
