Interview with Bundestag member Michael Schrodi (SPD): That's why the Esiovwa family should still be here

Created: 12/11/2022, 7:30 p.m

By: Christiane Breitenberger

Michael Schrodi supports the Esiovwa family.

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The deportation of the Esiovwa family from Karlsfeld to Nigeria kept the SPD member of parliament Michael Schrodi very busy.

He came to the demo, which had the motto "Bring her home", wrote several letters to District Administrator Stefan Löwl and was now given access to the files on the case.

In the interview he explains why he comes to the conclusion that the family should still be here.

He also comments on the points of criticism that groups of helpers have regarding the new right of residence.

Mr. Schrodi, why is the case of the Esiovwa family so important to you?

Michael Schrodi: Because it hit me deep in my sense of justice.

There is a family that does everything to integrate here.

The children have friends, are at school, the father works until he was – wrongly – no longer allowed to work.

And they are – wrongly – deported overnight.

You repeatedly say “wrongly”.

What do you base that on?

These are the conclusions that we draw after inspecting the files at the district office.

In your opinion, what did this inspection reveal?

There is a 23-year-old Federal Constitutional Court ruling that says: If a regulation is pending from which a certain group of people would benefit, then these people may not be deported.

This would have been the case with the Esiovwa family and the right of residence.

The family's lawyer had pointed this out in advance in a letter to the district office.

The district office always emphasized that the family could not have benefited from this new law.

That's how the authorities put it.

In my opinion, the legal situation - even after the passage of the right of opportunity to reside - says something completely different.

In what way?

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It is almost only in Bavaria that there is a rule that a border crossing certificate (Editor's note: a document issued by an immigration authority to a foreigner who is obliged to leave the country, on which his departure period is recorded and with which proof of departure is to be provided) is issued and then promptly deported shall be.

There are court rulings, also from Bavaria, which state that such a border crossing certificate may only be extended two or three times.

In the case of the Esiovwa family, the district office illegally extended this certificate six times.

The family should therefore have reverted to the status of toleration much earlier and would therefore have been eligible for the new law.

But in Bavaria, unfortunately, it is often interpreted as

Is this legally possible?

There is actually no residence status under the Duldung.

And at the same time there are court rulings that state that the status of toleration is maintained even if a border crossing certificate was issued but no exit took place - even retrospectively!

In your opinion, what is the basic problem if such regulations actually exist?

This harsh asylum and refugee-unfriendly line only exists in Bavaria, not in other federal states.

Many have decided according to the anticipatory rule: Those who may fall under the new law can stay for the time being.

Not so in Bavaria.

Experts say there is only one way the family can come back: via a humanitarian visa, which only the German embassy in Nigeria can issue.

But getting an appointment is difficult.

I will do everything to ensure that such a humanitarian visa can be applied for if this is the wish of the helper circles and the family.

I can write to the State Department and state the urgency.

If the visa works out, how will the family get back?

I had already offered to donate a four-figure amount for a return trip, and we have been approached by citizens wanting to do the same.

So it would be a privately funded retrieval, not at government expense.

The opportunity right of residence is aimed at people who have been living in Germany for five years with a toleration, permission or residence permit by October 31, 2022.

You have one year to fulfill the requirements for a right to stay.

The law brings a lot of good things, but in the opinion of many asylum workers it also has serious gaps.

Let's address two: First: Why is there a deadline?

So we'll soon be faced with similar problems again.

The legislator wanted to enable the around 140,000 people who are tolerated here to get out of this chain of tolerated status and get the chance to stay here permanently.

At the same time, we are reforming the right of residence – from which others should also benefit in the future.

Secondly, groups of helpers in front of the site are concerned that Bavaria will continue to be interpreted as follows: as soon as a border crossing certificate is issued, the toleration expires, and complete proof would no longer be possible in this way

.

We will never fully clarify legal terms, there is always room for interpretation.

The question is, do I use this leeway or do I not use it?

Bavaria exploits them all the time, while other states don't.

Bavaria is taking a tough anti-foreigner special path here, which is never such a problem.

So we firmly believe that there is still room for interpretation: Do you have an appeal to the Bavarian state government and specifically to the district offices in your constituency?

The point is that these people, who are at stake here, are good for our society.

The economy needs workers.

My appeal is: Let's find opportunities to leave these people here, we urgently need them - they relieve our social systems.

Let's strengthen social cohesion and take advantage of the opportunities that we get with these people - and not make the hard, sharp interpretation of the law.

You can find more current news from the district of Dachau at Merkur.de/Dachau.