Germany’s Federal Constitutional Court has ruled in favor of an urgent application allowing a young child of Jordanian nationality to enter the country. The court determined that the Federal Republic is obligated to permit the child’s entry, according to a statement released Thursday.
The court reasoned that lower courts may not have fully considered the weight of the fundamental right to family protection when assessing whether the child should be allowed to stay in Germany until a final decision is reached regarding the residency status of their parents. This consideration also applies given the currently indefinite timeframe for the ongoing administrative proceedings concerning the parents’ residency.
The court further clarified that existing security concerns related to the father and potentially the mother, are not decisive in this specific case. In its assessment, the court prioritized the potential for serious negative impacts on the child, who is under two years old, were they to remain in Jordan. Conversely, the child’s stay in Germany pending a finalized decision on the parents’ administrative proceedings was considered less significant.
Born in Germany in August 2023 to Jordanian parents who at the time held legal residency permits, the child’s application for a residency permit, as well as applications for the extension of the parents’ permits, are still under review.
Following a family visit to Jordan in August 2024, the child was denied re-entry into Germany due to a lack of valid residency documentation. A subsequent visa application was also rejected, with authorities citing security concerns regarding the father and potential concerns regarding the mother. Appeals to the Berlin Administrative Court and the Berlin-Brandenburg Higher Administrative Court were unsuccessful.
A constitutional complaint was then filed on behalf of the child, challenging the decisions of the lower courts. Simultaneously, a request was made to allow the child’s entry to end their separation from their parents as quickly as possible. The constitutional complaint itself remains pending (Decision dated August 5, 2025 – 2 BvR 885/25).
