"Too tired" to learn

German course skipped, Afghan fights sanction

German courses are compulsory for integration (symbolic image).

(Bild: stock.adobe.com)

A well-educated Afghan skipped language lessons in Innsbruck, which is why his minimum income was reduced. The man lodged a complaint and the court ultimately decided whether he was "too tired" to attend the course.

The holder of a vocational diploma arrived in the country in 2021 and is a recognized asylum seeker. He lives in a rented apartment with his wife and three children and receives a monthly minimum income of 649 euros in addition to other benefits.

German course assigned for integration
The Afghan was then assigned a German course (A1) lasting almost five months. He attended 51 of the 171 lessons and was absent 117 times without excuse. He cited an operation and the birth of his third child as reasons why the authorities reduced his minimum benefit by 25 percent (162 euros). The cut was subsequently reversed.

Assessment of his motivation: "weak"
However, the man only attended 174 of 240 lessons on the new A1 course. In the assessment, the point "motivation and participation in the course" was marked "weak", and there was no positive conclusion.

A court ultimately ruled on the case (symbolic image).

(Bild: APA/Barbara Gindl)

Appeal to the Provincial AdministrativeCourt
The authorities once again reduced the standard rate by 25 percent, but the person entitled to asylum appealed to the Provincial Administrative Court.

In an oral hearing, he justified his absence with the travel time to the course. He commented on his poor attendance: "The baby didn't sleep and I was tired."

Attending the course is reasonable, especially as the spouse is not working.

Aus der Entscheidung des Landesverwaltungsgerichtshofs

Court: Course is reasonable in any case
The regional administrative court rejected the appeal. The court ruled that the man with a good educational background (he is trilingual) could be expected to attend the course in any case - "especially as the complainant's spouse is not employed either". Conclusion: The state does not allow itself to be completely taken for a ride after all. .