Germany’s Federal Constitutional Court has ruled in favor of an urgent application allowing a Jordanian toddler entry into the country. The court determined the Federal Republic is obligated to permit the child, who is the subject of the proceedings, to enter Germany, officials announced Thursday.
The decision stems from concerns that lower courts may not have fully considered the fundamental right to family life when assessing whether the child should be allowed to remain in Germany until a final decision is reached regarding the residency status of their parents. This consideration also takes into account the currently indefinite timeline for the resolution of the parents’ administrative proceedings.
The court clarified that existing security concerns regarding the father and potentially the mother, are not relevant to this particular ruling. In weighing the various factors, the court emphasized the potential for severe hardship should the child, under the age of two, remain in Jordan, while a temporary stay in Germany, pending a final decision on the ongoing administrative processes, was deemed less consequential.
Born in Germany in August 2023 to Jordanian parents who at the time held legal residency, the child’s application for a residence permit, as well as applications to extend the parents’ permits, remain pending.
Following a family trip to Jordan in August 2024, the child was denied re-entry to Germany due to the lack of a valid residence permit. A subsequent visa application was also rejected, with authorities citing security concerns related to the father and potentially the mother. Appeals to the Berlin Administrative Court and the Higher Administrative Court of Berlin-Brandenburg were unsuccessful.
A constitutional complaint was then filed on behalf of the child against the lower courts’ rulings, accompanied by a request to facilitate the child’s entry into Germany to end the separation from their parents. The constitutional complaint itself remains under consideration (Decision dated August 5, 2025 – 2 BvR 885/25).