Key legal question
Whether a foreign-police procedure could be opened despite Art. 14 AsylG because the applicants had an enforceable right to family reunification under Art. 8 ECHR.
Extracted holding
No enforceable right was shown at this stage; the asylum-procedure priority rule therefore barred opening a foreign-police procedure before departure.
Extracted reasoning
The first applicant held only a temporary humanitarian residence permit, which does not create a settled right of residence. The marriage was recent, both spouses shared the same home country, and the case lacked the exceptionally strong factual integration required for an immediate Art. 8 ECHR-based exception.