Urgent administrative court protection applied for due to the closure of the so-called flower house in Witzenhausen. Refugees are suing against being assigned to other shared accommodation

The controversial dissolution of the shared accommodation (GU) at Werner-Eisenberg-Weg 4 in Witzenhausen (so-called Blumenhaus) in the Werra-Meißner district in northern Hesse is also the subject of administrative court proceedings. With lawsuits and urgent proceedings, a total of 6 families and individuals from Werner-Eisenberg-Weg 4 are trying to prevent the forced transfer to shared accommodation in Bad Sooden-Allendorf, Reichensachsen and Witzenhausen.

In December 2020, all residents of the flower house received requests to move into other shared accommodation in February 2021. They were assigned accommodation in Bad Sooden-Allendorf, in Reichensachsen and in another shared accommodation in Witzenhausen. The reason for the new allocations is that the rental agreement for the flower house expires on March 31, 2021, according to the Werra-Meißner district.

Meanwhile, the residents are protesting against the closure of the GU (see PM of the Working Group (AK) Asyl Witzenhausen from March 31, 2021).

A total of 6 families and individuals are now also requesting administrative legal protection from the Kassel Administrative Court. In the proceedings, they primarily criticize the lack of discretionary decisions by the Werra-Meißner district and the failure to take individual life situations into account, including with a view to the corona pandemic.

Complain about it

  1. a family of 5 (47, 40, 22, 21 and 14 years old) with a seriously ill son who uses a wheelchair.
    The family is supposed to move to Reich Saxony. The sick son requires regular specialist care. The specialist medical examinations of the young man's muscle disease have not yet been completed and the Werra-Meißner district has so far refused to finance the examination. For educational reasons, the 14-year-old daughter's school is strongly committed to ensuring that the family stays in Witzenhausen so as not to set the girl back weeks "in almost all areas of participation". (Af. of the VG Kassel: 4 L 171/21.KS)
  2. two male individuals (46 and 52 years old) who, despite the corona pandemic, were assigned to the shared accommodation at Frauenmarkt 11a in Witzenhausen and are supposed to live there in a double room instead of in single rooms as before.
    (Af. of the VG Kassel: 4 L 179/21.KS and 4 L 177/21.KS)
  3. a female individual (60 years old) and a 23-year-old mother with her 2-year-old child, who were also assigned to the shared accommodation at Frauenmarkt 11a in Witzenhausen.
    In particular, they claim that women's protection concepts are not being adhered to in the shared accommodation at Frauenmarkt 11a in Witzenhausen. (Af. of the VG Kassel: 4 L 181/21.KS and 4 L 175/21.KS)
  4. a 24-year-old individual who is to move to Bad Sooden-Allendorf.
    She claims that the forced move will cause her to lose the social contacts she has built up in Witzenhausen and that school lessons in Hann.Münden will be made more difficult. (Af. of the VG Kassel: 4 L 173/21.KS)

The allocation decisions do not contain any justification and do not indicate that the Werra-Meißner-Kreis has made a legally required discretionary decision, ” says the Göttingen lawyer Sven Adam, criticizing the Werra-Meißner-Kreis’s approach towards its clients. “ We are aware that the owners of the flower house would continue to lease it to the Werra-Meißner district. It is incomprehensible that such an opportunity is not being used despite the corona pandemic and the good spatial conditions in the flower house. Here, financial interests seem to be placed above the health and integration of refugees, ” Manfred Liebl, representing the AK Asyl Witzenhausen, is also annoyed about the district’s behavior.

If you have any questions, please contact RA Sven Adam at the contact details mentioned and Manfred Liebl for the AK Asyl Witzenhausen at akasylwitz@riseup.net.