3. Humanitarian Immigration
• Refugee status (refugee as recognized under the Geneva Convention) is also granted in cases where there is non-state persecution pursuant to the EU Asylum Qualification Directive (Residence Act, Section 60 (1)).
• Gender-specific persecution is recognized according to the following formulation (Residence Act, Section 60 (1)):
"When a person's life, freedom from bodily harm or liberty is threatened solely on account of their sex, this may also constitute persecution due to membership in a certain social group."
• Improved status for persons enjoying subsidiary protection, though not for persons who have committed violations of human rights or similar serious criminal offenses (grounds for denial from the EU Qualification Directive) and in cases of repeated or gross breaches of the obligation to cooperate (Residence Act, Section 25 (3)).
• Residence permit in cases where there are obstacles to deportation, so as to prevent successive suspensions of deportation if the obligation to leave the country cannot be fulfilled within 18 months (Residence Act, Section 25 (5)). No residence title in cases where there is misconduct on the part of the foreigner (e.g., attempt to disguise true identity).
• Suspension of deportation [Duldung] is retained as a "fine control" instrument (Residence Act, Section 60a).
• Hardship provision, excluding legal rights. At the request of a Hardship Commission established by a state [Land] government, the supreme state [Land] authority may order a residence permit to be issued to a person who is obliged to leave the country, and who has no chance of appeal, by way of derogation from the usual conditions pertaining to the issuance and extension of permits. A Hardship Commission may be set up at the discretion of the respective states [Länder] (Residence Act, Section 23a).
4. The Subsequent Immigration of Children
• The current legal situation is to be maintained, with due consideration to the directive on the subsequent immigration of dependents: Subsequent immigration is permitted up to the age of 18 for children of persons entitled to asylum and for children of refugees recognized under the Geneva Convention, whereby such children are also allowed to enter the country as part of their family unit. Other conditions [for immigration] include a command of the German language or a "positive integration prognosis." If these conditions are not met, the age limit is 16, but there will also be a restrictive discretionary ruling, whereby the child's wellbeing and the family situation will be taken into consideration (Residence Act, Section 32).
5. Integration
• Introduction of the entitlement model for new immigrants who take up permanent residence in the Federal Republic (Residence Act, Section 44).
• Imposition of sanctions relating to the right of residence in cases where new immigrants fail to attend courses: Breach of obligation to attend courses is to be taken into account in decisions on extensions to residence permits (Residence Act, Section 8 (3)).
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