Desis in Deutschland / 'Foreigner Policy' and Applied Law in Germany

3.5. Phase V: litigation III (1987)

Finally, in 1987 the BVerwG decided that the interests of the state against the naturalisation of Dr. Agarwal, the existence of which were not rejected, were not considerable given the details of the case and thus according to the law were not sufficient to prevent the naturalisation. The court held that the specific case had to be considered, that it was not valid to link the question of naturalisation with that of repayment as little as it was justified to link it with the rights of German students or other unrelated matters. It was clearly stated that the administration could only decide within the limits of the law and that this meant in the case of Dr. Agarwal the obligation to give him the German citizenship. The judgement, however, focused so much on the specific details of the case, in particular on the consolidation of his life and family in Germany, that the rights to naturalisation of other former students and the need for the administration to generally take a different approach was not discussed. Accordingly, while the judgement illustrated the importance of court decisions in interfering with administrative practice, it also showed the unwillingness to do this too sharply.

"I fear thus that other recipients of sholarships who are interested in naturalisation will not be able to deduct much general aspects from the judgement." (from a letter by Dr. Herzog to Dr. Agarwal, dated 19.05.1987/ own translation)

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© Urmila Goel, / englishDesis in Deutschland/ Recht/ naturalisation 1998/2004