Revocation procedure
The Federal Office is legally obliged to monitor its positive decisions in revocation procedures. This process establishes whether there are considerable risks associated with returning or whether there are grounds for exclusion. The Federal Office does not make a decision about the continuing residence status.
The law specifies the following issues in the revocation procedure
Recognition as being entitled to asylum (Art. 16a, para.1 of the Basic Law) and the granting of refugee status (sec. 3 of the Asylum Procedure Act in conjunction with sec. 60, subs. 1 of the Residence Act) can be revoked if the conditions for these no longer apply, or can be withdrawn if they have been granted on the basis of incorrect details or non-declaration of essential facts (sec. 73, subs. 1 and 2 of the Asylum Procedure Act). Monitoring whether these conditions still prevail must be undertaken no later than three years after the positive decision becomes final and absolute. If this review reveals that the conditions continue to apply, revocation or withdrawal does not take place. If the foreign national has already held a residence permit for three years, he/she has a right to be awarded an unlimited residence title (settlement permit) by the local immigration office.
The establishment of deportation bans (sec. 60, subs. 2 to 7 of the Residence Act) must be revoked if the conditions no longer apply, and/or these must be withdrawn if they have been established erroneously (sec. 73, subs. 3 of the Asylum Procedure Act).
Revocation must also be reviewed if there are grounds for exclusion (sec. 3, subs. 2 of the Asylum Procedure Act, sec. 60, subs. 8 of the Residence Act). This includes serious criminal offences that have resulted in a sanction of more than three years' imprisonment or crimes against peace.
Clarifying the law on residence
Contrary to common assumption, the Federal Office does not make decisions concerning continuing residence if it revokes or withdraws a positive decision. In the event of such a cancellation, a foreign national is only placed on the same level as other foreign nationals living in Germany. After a cancellation, the local immigration office makes an independent check concerning continuing residence. This usually continues. If, however, a person has not become integrated in any way or has committed considerable crimes, the local immigration office has the power to terminate the residence.
