Good news for the head of the kitchen at the Shanghai restaurant in Lübeck, Mr. Dasong Yin. The Schleswig-Holstein Higher Administrative Court has again ordered the suspensive effect of his objection to the rejection of the extension of his residence permit (OVG, decision of 13th February 2024 - 6 MB 1/24). The Higher Administrative Court thus overturned the negative decision of the administrative court that had previously dealt with the matter. Attorney Malte Barsch, a specialist in migration law, successfully filed the complaint with the Higher Administrative Court on behalf of Mr. Dasong Yin. Mr. Barsch points out that Mr. Dasong Yin is allowed to work again at least until the appeal proceedings have been completed. In doing so, the Higher Administrative Court also corrected the decision of the Lübeck immigration department, which had already banned him from employment during the ongoing proceedings, although there was no legal basis for this. The Higher Administrative Court also found serious deficiencies in the procedures and file management of the Lübeck immigration department. It remained unclear until the end whether the immigration department had sent all the files to the court. Mr. Barsch pointed out this fact early on and the resulting impairment of Mr. Dasong Yin's constitutionally protected procedural rights. In addition, the Higher Administrative Court stated that the foreigner's obligation to cooperate in the residence procedure is not limitless. As part of its general obligation to investigate the facts, the authority department is obliged to inform the foreigner of the absence, incompleteness or inconsistency of information. Among other things, it will now be Mr Barsch's job to check and ensure that the immigration department ensure a proper objection procedure (www.sangong-recht.de).
details on this case in each newspapers please find as bellow:
The TAZ (https://taz.de/China-Restaurant-Leiter-soll-ausreisen/!5948880/),
WELT Online (https://www.welt.de/politik/deutschland/plus246615102/Fachkraeftemangel-Weshalb-Chefkoch-Yin-nach-Jahren-in-Deutschland-ausgewiesen-werden-soll.html )
previously reported by the Lübecker local newspaper (https://www.ln-online.de/der-norden/gegen-ausweisung-luebecker-gastronomen-unterstuetzen-chinesischen-koch-VZU5HV4KL5BVVDB6FSRDZ46DHE.html )
details on this case in each newspapers please find as bellow:
The TAZ (https://taz.de/China-Restaurant-Leiter-soll-ausreisen/!5948880/),
WELT Online (https://www.welt.de/politik/deutschland/plus246615102/Fachkraeftemangel-Weshalb-Chefkoch-Yin-nach-Jahren-in-Deutschland-ausgewiesen-werden-soll.html )
previously reported by the Lübecker local newspaper (https://www.ln-online.de/der-norden/gegen-ausweisung-luebecker-gastronomen-unterstuetzen-chinesischen-koch-VZU5HV4KL5BVVDB6FSRDZ46DHE.html )