BERLIN SENATE ADMINISTRATION DEFENDS DECISION TO

C O N F I D E N T I A L SECTION 01 OF 02 BERLIN 000037

SIPDIS

DEPARTMENT PASS TO DRL/IRF NANCY HEWITT;
EUR/CE CHRIS HODGES AND PETER SCHROEDER

E.O. 12958: DECL: 01/12/2020
TAGS: GM KIRF PGOV PHUM PREL
SUBJECT: BERLIN SENATE ADMINISTRATION DEFENDS DECISION TO
DENY RESIDENCE PERMITS TO AMCIT SCIENTOLOGISTS

REF: A. BERLIN 1464

B. STATE 121804

Classified By: Minister-Counselor for Political Affairs George Glass fo
r reasons 1.4 (b) and (d)


1. (SBU) SUMMARY: Division Director for Foreigner Issues at
the Berlin Senate Administration for Interior Issues and
Sport, Peter Marhofer, firmly defended his office's denial of
residency permits for two AmCit Scientologists to Embassy
PolOff on both technical grounds and based on their
Scientology affiliation. Marhofer argued that the two
applicants were unable to demonstrate that their costs of
living would be met by the Church of Scientology during their
one year stay in Germany and cited the applicants' inability
to provide any evidence of having health insurance while
residing in Germany. He categorized the Church of
Scientology's activities as posing a "threat to Germany's
constitutional order" and raised the question of why the USG
was interested in a residence permit denial order case, the
outcome of which the Church of Scientology had failed to
appeal. END SUMMARY.



2. (SBU) PolOff met January 8 with Peter Marhofer, Division
Director for Foreigner Issues at the Berlin Senate
Administration for Interior Issues and Sport, to register USG
concern (per reftel) over the Berlin Senate's treatment of
two AmCit Scientologists, who had, pursuant to their
documentation, wanted to temporarily reside in Berlin to help
train local church staff to assume executive positions in the
Church of Scientology organization. Marhofer expressed his
familiarity with the cases since it was not common for the
Berlin Foreigner Office to refuse residence permits for
AmCits. Marhofer said that in comparison with the United
States, Germany, and in particular, Berlin, has very lax
restrictions regarding residence permit applications. In
this case, according to Marhofer, it was clear that the
applicants had failed to fulfill the prerequisites for
obtaining a residence permit -- even leaving the Scientology
association aside. Specifically, Marhofer noted that the
applicants were unable to demonstrate that their costs of
living would be met by the Church of Scientology during their
one year stay in Germany. In addition, Marhofer cited what
he referred to as the applicants' inability to provide any
evidence of having health insurance while residing in Germany.



3. (SBU) PolOff raised U.S. concern about religious
discrimination against the Church of Scientology and specific
language in the denial orders. Marhofer said the State of
Berlin, through its Office for the Protection of the
Constitution (OPC),had evidence that the Church of
Scientology poses a "threat to Germany's constitutional
order." (NOTE: Berlin's OPC actively monitors Church of
Scientology activities in Berlin. END NOTE.)



4. (C) Marhofer further noted that the officer processing the
cases was not convinced that the applicants' intention was to
train local staff to assume executive positions within the
Church of Scientology. Instead, the officer feared that the
individuals in question "were only students who wanted to
take courses at the Church" raising doubt about the
applicants' true intentions. Marhofer cited OPC information
to support the officer's decision.



5. (SBU) Marhofer went on to express his surprise with the
USG's interest in a case that the Church of Scientology had
not even decided to appeal. PolOff reiterated USG support
for minority religious groups and noted that the denial order
specifically targeted Scientologists in this instance.
Marhofer said, "if that were the case, why did the Church of
Scientology not challenge the order?" He further argued:
"the Church of Scientology did not challenge the denial
orders because their documentation was very weak." He added
-- in an open challenge directed against the Church of
Scientology -- "the Church of Scientology missed a golden
opportunity to further test German law."



6. (C) COMMENT: Marhofer argued the Berlin Senate's case in a
calm manner sticking to what he perceived were the facts. He
appeared to take the USG's interests in safeguarding the

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rights of minority religious organizations very seriously but
said that in this case, "the Berlin Senate was not convinced
that the applicants were pursuing religious activities in
Germany." At the end of the meeting, Marhofer offered to
serve as an interlocutor with the Embassy on residence permit
issues with AmCits in Berlin. Marhofer indicated more than
once during the conversation that a formal appeal by the
aggrieved AmCits would have been the next logical step in
challenging the denial order. END COMMENT.
MURPHY