An asylum seeker applied for asylum but his application was denied. He was unlawfully put into detention and now he is suing for remedy. This article will explore this person's claims.
Problem in this report on the judgment of OVG Stuttgart (re 4 U 71/05 of July 20, 2005) that the rejected decision was not serviced. Since the immigration office believed he was not voluntarily leaving, he was put into detention.
Following the basic principle of the rule of law, only an orderly serviced administrative decision initiates any legal effect. The rejecting decision of the office for asylum matters would normally have given grounds for plaintiff's deportation. Since the administrative decision was not serviced, he was legally in Germany and therefore his detention was illegal.
. This legal rule forbids any deprivation of freedom. Deprivation is especially permissible if authorized by domestic law and following the rules of domestic law.
. Who will pay this? Public purse. Published on the old CMS: 2006/7/16Read on the old CMS till November 2008: 1,218 reads
http://lg2g.info/Foreigners-Law-Miscellaneous/remedies-for-wrong-detention.html
weitere Informationen unter:
www.lg2g.info
weiterlesen: http://lg2g.info/Foreigners-Law-Miscellaneous/remedies-for-wrong-detention.html
weitere Informationen unter:
www.lg2g.info
Keine Kommentare:
Kommentar veröffentlichen