Ruling on the Applicable Date for a Judgement on the Retraction of a Residence Permit

The Federal Administrative Court (Bundesverwaltungsgericht, BVerwG)  in Leipzig has ruled that the applicable date for a judgement on the retraction of a residence permit (both temporary and permanent) by a court is not the time of the last decision by the administration, but instead the date of the last hearing at the court or the date of its decision .

With this important ruling the Federal Court has extended its latest jurisdiction concerning the assessment of expulsions to the judging of retractions of residence permits.

In the case itself the difference in time between these two dates was 5 years, 2003 and 2008.

The reason given was that a possible interference with the personal life and the familiy life had to be judged based on the current situation.

BVerwG 1 C 10.09 – Urteil vom 13. April 2010