Residence for Threatened Journalists under Section 22, Sentence 2 of the German Residence Act (AufenthG)

Protecting journalists who face threats or persecution because of their professional work is considered a core principle of Germany’s legal system. Section 22, sentence 2 of the German Residence Act (Aufenthaltsgesetz – AufenthG) provides a legal framework that may allow a special residence permit to be granted to such journalists, protecting them from potential danger in their country of origin.

Text / Meaning of Section 22, Sentence 2 AufenthG
This provision allows a residence permit to be issued for special humanitarian reasons, including protection for individuals who face a serious threat due to their journalistic work or media activities.

Conditions for granting residence to threatened journalists

• Direct and serious threat to life or personal safety
  The journalist must demonstrate a real and imminent risk in the country of origin as a result of their work.

• Persecution linked to journalistic activity
  The threat must stem from reporting, investigations, or journalistic positions that triggered pressure or retaliation from authorities or other actors.

• Lack of adequate protection in the country of origin
  Where the home-country authorities are unable or unwilling to provide the necessary protection.

• Careful individual assessment
  A thorough assessment of the journalist’s case and personal/professional circumstances is required, particularly by BAMF or the competent authorities.

How to apply and obtain the residence permit

• Submit an official application for a humanitarian residence permit under Section 22, sentence 2 AufenthG to the Foreigners’ Authority (Ausländerbehörde) or BAMF.

• Provide strong evidence of the threat, such as reports from human rights organizations, proof of employment, journalistic publications, and any other evidence of persecution.

• Attend personal interviews with the competent bodies to clarify the circumstances.

Rights for journalists who receive this permit

• Legal residence in Germany with the possibility to work.

• Protection from deportation to the country of origin.

• Possibility of renewal and later applying for permanent residence.

Important tips

• Document all threats and incidents that support the protection request.

• Seek legal support from a lawyer specialized in asylum and immigration law.

• Make use of support organizations for journalists and human-rights defenders in Germany.

Conclusion
Section 22, sentence 2 AufenthG offers an important legal avenue for threatened journalists who face serious risks because of their work. Following the legal procedure and submitting clear, well-supported evidence can help secure safe residence and protection from persecution.

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