Admission permit for hardship: whether application timing must precede permanent residence

The Federal Administrative Court (BVerwG) dismissed the defendant's appeal and granted the plaintiff's application for permission to appeal (Revision) under § 132 Abs. 2 Nr. 1 VwGO, thereby upholding the lower instance's approach in favor of the plaintiff while remanding the case for further review due to a question of general legal significance. The dispute concerned the validity of an admission permit issued on the grounds of particular hardship, specifically challenging whether the issuance of such a permit under §§ 26, 27 Abs. 2 of the Federal Act on the Right of Asylum (BVFG) can be legally conditioned upon the applicant filing the admission application within a sufficient temporal proximity to the establishment of permanent residence in Germany. The decisive legal basis for the decision is the doctrine of "general legal significance" (§ 132 Abs. 2 Nr. 1 VwGO), which necessitates federal court clarification on whether a timing requirement is a permissible prerequisite for grants of admission based on exceptional hardship under the BVFG.