Härtefallprüfung

English translation: test (assessment) of undue hardship

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:Härtefallprüfung
English translation:test (assessment) of undue hardship
Entered by: Robyn Auer

15:31 Sep 11, 2020
German to English translations [PRO]
Law/Patents - Law (general)
German term or phrase: Härtefallprüfung
Hi all,

this sentence is from a newspaper article regarding an abbess who "illegally" provided asylum. I'm having problems finding an approriagte, legalise translation for "Härtefallprüfung":

Die Staatsanwaltschaft sieht das anders. Eine Härtefallprüfung sei nicht mehr möglich gewesen. Die Ordensfrau habe die Ausreisepflicht verhindert und damit Beihilfe zum unerlaubten Aufenthalt geleistet.

I would appreciate any suggestions :)
Robyn Auer
Germany
Local time: 14:39
test (assessment) of undue hardship
Explanation:
"In addition to there not being fear of persecution in the internal flight or relocation alternative, it must be reasonable in all circumstances for the claimant to relocate there. This test of “reasonableness” has been adopted by many jurisdictions. It is also referred to as a “test of undue hardship” or “meaningful protection.”"
https://www.refworld.org/pdfid/3f2791a44.pdf

As of December 10, 2015, there is no hardship “test” for applicants under subsection 25(1); however the determination of whether there are sufficient grounds to justify granting an H&C request will generally include an assessment of hardship. Therefore, hardship continues to be an important consideration in determining whether sufficient humanitarian and compassionate considerations exist to justify granting an exemption and/or permanent resident status.
https://www.canada.ca/en/immigration-refugees-citizenship/co...
Selected response from:

Johanna Timm, PhD
Canada
Local time: 06:39
Grading comment
Thank you Johanna!
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +5test (assessment) of undue hardship
Johanna Timm, PhD
4Hardship assessment
Lorena C. Dornelas
2review of a 'damned if you do, damned if you don't' proposition
Klaus Beyer


Discussion entries: 1





  

Answers


1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +5
test (assessment) of undue hardship


Explanation:
"In addition to there not being fear of persecution in the internal flight or relocation alternative, it must be reasonable in all circumstances for the claimant to relocate there. This test of “reasonableness” has been adopted by many jurisdictions. It is also referred to as a “test of undue hardship” or “meaningful protection.”"
https://www.refworld.org/pdfid/3f2791a44.pdf

As of December 10, 2015, there is no hardship “test” for applicants under subsection 25(1); however the determination of whether there are sufficient grounds to justify granting an H&C request will generally include an assessment of hardship. Therefore, hardship continues to be an important consideration in determining whether sufficient humanitarian and compassionate considerations exist to justify granting an exemption and/or permanent resident status.
https://www.canada.ca/en/immigration-refugees-citizenship/co...


Johanna Timm, PhD
Canada
Local time: 06:39
Specializes in field
Native speaker of: Native in GermanGerman
PRO pts in category: 717
Grading comment
Thank you Johanna!

Peer comments on this answer (and responses from the answerer)
agree  Steffen Walter
1 hr
  -> Danke, Steffen.

agree  Daniel Arnold (X): in AUS simply hardship test
3 hrs
  -> Danke!

agree  writeaway
6 hrs
  -> Thanks, writeaway:-)

agree  Wendy Streitparth: Preferably assessment
21 hrs
  -> Thanks !

agree  Thomas Pfann
21 hrs
  -> Danke, Thomas!
Login to enter a peer comment (or grade)

3 hrs   confidence: Answerer confidence 2/5Answerer confidence 2/5
review of a 'damned if you do, damned if you don't' proposition


Explanation:
There is no exact equivalent to 'Härtefall' in English I could think of. My answer addresses the 'pros' and 'cons' of the case, as does Härtefall.

Klaus Beyer
United States
Local time: 08:39
Works in field
Native speaker of: English
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3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
Hardship assessment


Explanation:
In Härtefällen kann der Amtsleiter eine Ausnahme machen.
In cases of hardship the head official can make an exception.


    https://dictionary.cambridge.org/dictionary/german-english/hartefall?q=H%C3%A4rtefall
Lorena C. Dornelas
Brazil
Local time: 10:39
Specializes in field
Native speaker of: Native in PortuguesePortuguese
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