"I aplied for AB for my wife and I had a same case as one GCler from Ukraina and he won on court of law.
But my Antrag for AB was turned down because Beamter said that she (my wife) needs to have Selbstständigeaufenthalt first, and he found another case where ABH won.
I thought how can it be, and he said that it means that both is possible and legal:
getting AB and not getting AB."
That GC from Ukraina won in the first instance, employment office did not want to go futher. Your wife applied for AB in other city, probably other land as well, there are lots of cases when courts of law from different cities decide completely differently. All first instance court of laws have the same authority, they can decide differently as long as there is no decision of Federal Court on the subject. + it's not a trial, but civil case
Secondly you said very correct that the circumstances were different. When the courts decide about the case in general (which usually includes analysis of many juristic questions and decisions about significance of many proofs) - what the courts of first and second instances do - their decisions may be different, because some curcumstances were different.
In my case it will be decision of BGH (Federal Court of Law) about a particular juristic question, if i am to be found guilty, and this question will be: whether labour market check must be done when GC changes his job or applies for a new residence permit. Decisions of Federal Court of Law are followed by all courts of law. There are some really exceptional situations when they are not followed, in which case the new law suit will come to Federal Court of Law anyways.
Now even when the case comes to the Federal Court of Law for the second time, the Federal Court of Law will in no case decide differently if somebody was found guilty because of previous decision on the same matter. Just because previously sentenced party will immediately demand a compensation otherwise ;)
There probably would be no legal foundation for other GCs if i were arrested so i could not defend myself well. then it would be possible to expect my deportation after the hearing in the court of law of the first instance, which would be of significance only for GCs who live in Mannheim. But it seems that officials do not want to take responsibilities on their shoulders in my case, therefore the case will come to BGH anyways if i am to be found guilty.
"Hi, trusday!
How are you?"
Fine thanks
Btw the case becomes even more interesting. today i received a decision of local employment office - sent yesterday - in which it is said that in my case Alg II is approved till 30.06.2005 (was till 31.03.2005) and in bigger amount than it previously was. so i guess that officials by such a decision suggest me to refuse from my job, continue to receive Alg II and eventially go and work as a cleaning lady. Well they can go work as cleaning ladies themselves for all i care, i would even understand it if they do
But, it's even better for me, really. it gives me a very good possibility to get more money from local employment office and then inform the officials that they paid one my claim vs. them off although they never agreed to pay it off and there is no decision of court of law on the subject