For almost a year, a young Afghan was in Immenstadt in Oberallgäu in the church asylum - now the pastor of the Protestant community had to answer in court. The district court Sonthofen stopped the proceedings against the 64-year-olds for aiding and abetting the illegitimate stay of the rejected asylum seeker. The pastor now has to pay a fine of 3000 euros. The refugee has to do 80 hours of community service.
"This is actually a legal nirvana in which we move," said Judge Brigitte Gramatte-Dresse and referred to missing legal regulations. A decision on the legality of the church asylum itself does not exist this time. "Church asylum is a tradition," said the lawyer. In order to judge, a balance of goods is necessary, as a decision in individual cases. However, she was convinced that the pastor and the refugee had both punishable - although their guilt was very low.
The church asylum is a legal gray area. It is not enshrined in law that rejected asylum seekers in the care of the Church are protected from deportation. Traditionally, however, protection is tolerated by public authorities. Since February 2015, it has been agreed that the parish authorities should inform the Federal Office for Migration and Refugees (Bamf) about people in the church asylum and at the same time send dossiers so that the authority can examine the alleged cases of hardship in detail.
The future of the young Afghanis is unclear
The 23-year-old refugee was to be deported last year after his asylum application was rejected. However, the parish still saw opportunities to take legal action and therefore granted him shelter. Wrong, as the public prosecutor's office in Kempten found. Penal orders were issued against the theologians and the asylum seekers, against which both objected.
Whether the young man can stay in Germany is still unclear. A lawsuit against the rejected asylum application is running. The Petitions Committee of the Bavarian Landtag suspended its deportation until the beginning of 2020 in July. Since then he is no longer in church asylum and may move freely, without fear of deportation. He is satisfied with the decision: "I only wish that I can start a normal life soon."
The Evangelical Lutheran Church in Bavaria is also pleased with the outcome of the trial. But: "As a state church, we would like to get a fundamental clarification," said Upper Church Councilor Michael Martin. For pastor Gampert, after the hearing, one thing above all counts is that church sanctuary is not per se a punishable offense.