Upper Administrative Court 56068 Koblenz, May 5th, 2007
Rhineland Palatinate Deinhardplatz 4
Press Release Nr. 18/2007-05-04
Upper Administrative Court Decision:
The Moon couple is allowed to enter Germany
The entry ban against Rev. Sun Myung Moon, the founder of the worldwide Unification Church, and his wife, is unlawful. This was decided by the Upper Administrative Court of Rhineland- Palatinate in Koblenz, following a complaint by the Unification Church.
Rev. Moon is the founder and spiritual leader of the Unification Church. On occasion of an event organized in Frankfurt-Main, he was expected to give a speech entitled "The True Family and I". However the Border Control Authorities (now renamed into Federal Police Authorities) in Koblenz listed the Moon couple in accordance with the Schengen Agreement (with the Schengen Information System) and prohibited their entry. The reason given was that the Moon-movement belonged to the so called youth sects and psycho-groups, entailing dangers for young people. The case brought against the entry ban remained unsuccessful at first. The Supreme Court, deciding on a constitutional complaint, overruled the appeal decision of the Upper Administrative Court because the right of free practice of religion was violated. Following another hearing the Upper Administrative Court now has decided on the unlawfulness of the entry ban.
A visit by the Moon couple, according to the view of the Unification Church, has a pivotal religious meaning. Therefore it can invoke religious freedom. This basic right was violated through the entry ban. Neither the conditions (for refusing entry) according to the Schengen Agreement, nor according to German immigration law were met. According to the Schengen Agreement, the German listing for entry refusal entails fundamentally an entry refusal into all other 26 Schengen member states. An entry ban can only be spelled out in view of considerable dangers for public security and order, or for national security. Such dangers do not exist for a visit of the Moon couple. Because of the high significance of religious freedom, entry by the Moon couple cannot be prohibited, even in accordance with German immigration law.
Decision 19th April 2007; file number 7 A 11437/06.OVG