How exactly does the deportation work?

Deportation and deportation in Germany

There is a risk of deportation if asylum is not granted.

Territorial Possession Claims are largely due to the sedentariness of the people. Local agriculture demands that protection of the areas ordered. From this fact alone I had to differentiated become between those people who belonged to the sedentary community and strangers Intruderswhich could destroy the arable land under certain circumstances.

With the Emergence of states territorial ownership intensified further. Gradually regulated the advent of the Human rights in politics, however, the undifferentiated defense of the external borders. It so happens that many people nowadays Move freely across states can - for example within the European Union (EU).

Other people come to this advantages However, it does not benefit: So it happens that some foreigners in Germany asylum and one residence permit get, others however expelled and deported become.

But what is it difference between expulsion and deportation? How does a deportation work in Germany? On which legal basis are deportations based? You can find all the relevant in this article information everything related to deportation, its suspension or prevention and the resulting from it resulting consequences.

The Refugee crisis is still on everyone's lips in 2017 - including the politics. This article deals with German law, which Early 2017 applies. Changes caused by the Federal government should be decided here as soon as possible added become.

The expulsion of the refugees

The provisions on deportation can be found in the Residence Act.

The War in Syria led, among other things, to the so-called "Refugee crisis" came, which will continue in 2017. Many asylum seekers are currently on their way to Europe to get there protection to search. Not all refugees will, however Granted asylum. For many asylum seekers, a rejected asylum application is coupled with an obligation to leave the country. For many refugees, this ends in deportation.

The legal basis for deportations: The Residence Act

Section 50 of the Residence Act (AufenthG) regulates the obligation to leave Germany for foreigners:

(1) A foreigner is obliged to leave the country if he does not or no longer has a required residence permit and a right of residence under the EEC / Turkey Association Agreement does not exist or no longer exists. "

As long as that Asylum procedure runs, the applicant has one residence permitwhich enables him to legally reside on German federal territory. The rejection of the application for asylum constitutes a Denial of the right of residence and thus leads to an obligation to leave the country.

Paragraph two the above paragraph also specifies:

(2) The foreigner must leave the federal territory immediately or, if he has been given a deadline for leaving, by the end of the deadline. "

Except in Hardship cases do not last longer than six months after the obligation to leave the country cannot be challenged. A victim of his comes Obligation to leave the country not after, there may be a deportation.

This thus represents the Enforcement of the expulsion or the obligation to leave the country.

Off to the neighboring country? What does departure mean in the EU?

The obligation to leave the country seems to be in Europe light to reach. For example, by simply going to France, Holland or another Neighboring country leaves. But § 50 AufenthG pushes this project a bolt in front:

(3) By entering another member state of the European Union or another Schengen state, the foreigner only satisfies his or her obligation to leave if he is permitted to enter and stay there. If these prerequisites are met, the foreigner who is required to leave the country must be requested to go to the sovereign territory of this state without delay. "

By this provision follows that an exit obligation in Germany one Residence ban in the European Union and in the Schengen countries equals.

The deportation procedure

If the asylum application has been rejected, it is often followed by deportation.

As part of the Asylum procedure the order for a deportation in Germany is carried out by the Federal Office for Migration and Refugees (BAMF). As a rule, an asylum seeker receives the threat of deportation at the same time as the Rejection of the asylum application and a notification of the length of the deadline voluntary departure.

Usually this period is one month. Only then can the authorities allow deportations carry out. However, this is within the remit of the Immigration authorities of the respective federal state.

Often the Federal Police taken to help with the enforcement of a deportation. A person obliged to leave the country defends himself violent against deportation, you can be accompanied by a federal police officer Board the plane to be ordered.

By the way: also one extended stay abroad can lead to a residence permit in Germany withdrawn becomes. Re-entry is then no longer possible and the person concerned is at the border rejected.

This results from § 51 Residence Act, which records the reasons for an obligation to leave the country:

(1) The residence permit expires in the following cases:

  1. Expiry of its period of validity,
  2. Occurrence of a subsequent condition,
  3. Withdrawal of the residence permit,
  4. Revocation of the residence permit,
  5. Expulsion of the foreigner,
    • a. Notification of a deportation order in accordance with Section 58a,
  6. if the foreigner leaves the country for reasons that are not of a temporary nature,
  7. if the foreigner has left the country and has not re-entered within six months or a longer period determined by the immigration authorities,
  8. if a foreigner applies for asylum after being granted a residence permit in accordance with §§ 22, 23 or § 25 Paragraphs 3 to 5;

a visa issued for several entries or with a period of validity of more than 90 days does not expire according to numbers 6 and 7. "

Lots of people who one residency permit did not know this. Due to the above regulation, it can despite assured asylum come for deportation from Germany.

In some federal states the authorities have gone over to this, and deportation dates are no longer given in advance to those affected to communicate. However, this only applies to families without children. This is to prevent those who are obliged to leave the Evade deportationby "submerging". However, human rights specialists consider this approach to be inhumane.

The airport procedure

A special and accelerated version of the asylum procedure is the so-called "airport procedure". This can only be done when entering by air. Even before the asylum seekers Transit area leaving the airport, they have to apply for asylum. This only applies to people who have no or falsified identification documents or who have one safe country of origin come.

In these cases the Decision-making power not with the BAMF, but with Federal Border Guard. This must decide within two days whether the application "Obviously unfounded" is or not.

In the first case, entry entirely refused. However, there is an option to consult a lawyer and within three days to submit an application for interim legal protection to the administrative court.

The Airport proceedings does not lead to deportations in the strict sense of the word, as entry is refused from the outset - the international transit area the airport is not left.

Deportation after a criminal offense

The commission of serious crimes can lead to the deportation of foreigners.

Not only the Refusal of asylum status leads to foreigners being deported. People who have a residence permit can also benefit from a Deportation order and a deportation threat.

Commit Foreigners a serious crime in Germany is loud Aliens Law deportation is possible.

Legal basis for deportation due to a criminal offense

Section 53 of the Residence Act states:

(1) A foreigner whose stay endangers public safety and order, the free democratic basic order or other significant interests of the Federal Republic of Germany, will be expelled if the weighing of the interests in the departure with the interests in one, taking into account all the circumstances of the individual case further stay of the foreigner in the federal territory shows that the public interest in the departure outweighs. "

In this case the Deportation threat not from the BAMF, but from the responsible immigration authority. But what if a Asylum seekers or foreigners with a recognized Refugee status commits a serious crime?

In this case, two legal interests to weigh against each other: the right to Protection and asylum and the right to public security and the maintenance of the basic democratic order. Except in circumstances of extreme hardship, the law values ​​the right of asylum higher:

(3) A foreigner who is recognized as a person entitled to asylum, who enjoys the legal status of a foreign refugee in the federal territory, who has a travel document issued by an authority of the Federal Republic of Germany in accordance with the agreement of July 28, 1951 on the legal status of refugees (Federal Law Gazette 1953 II S. 559), who is entitled to a right of residence according to the EEC / Turkey Association Agreement or who has a permit for permanent residence - EU, may only be expelled if the personal behavior of the person concerned is currently a serious threat to public safety and order represents that a Basic interest of society and expulsion is essential to safeguard this interest.

(4) A foreigner, the one Has applied for asylum, can only be expelled on the condition that the asylum procedure incontestable without recognition as a person entitled to asylum or without the granting of international protection (Section 1, Paragraph 1, Number 2 of the Asylum Act). The condition is waived if there are facts that justify expulsion according to paragraph 3 [...] "(Section 53 AufenthG, emphasis placed by the author)

The respective decision is at the discretion of the immigration authorities - possibly in consultation with the BAMF. German law therefore accepts increased interest in deportation given when several deliberate crimes or particularly serious Criminal offenses have been committed. In 2017, there is a clear focus in the current context on participation and involvement in a terrorist group (Section 54 of the Residence Act).

Nevertheless, each individual case must be affected by the responsible authority must be carefully examined before entering a victim War zone is returned.

The deportation detention

The expulsion: Refugees can be expelled with the help of the Federal Police.

Exists a justified suspicionthat a person obliged to leave the country wants to “go into hiding” in order to be deported escape, a detention center may be imposed.

This can be up to 18 months persist and is intended to ensure that the person concerned deported can be and no life as illegal immigrant aspires to. The Custody especially affects asylum seekers or foreigners who have committed a serious crime.

In this case the state has one high interest to ensure the deportation of criminal foreigners.

After a deportation back to Germany?

Asylum seekers were deported from the federal territory away, will usually be a Re-entry ban imposed. This is absolute: it applies below all circumstances. Even staying in the Transit zone for German airports or a family visit are not permitted.

Affected must be with a Rejection calculate at the border so that they cannot enter the federal territory. The entry ban applies to a maximum of ten years, however, in special cases of hardship extended become.

The European Court (ECJ) also ruled in October 2015 that illegal re-entry from the EU states as Offense can be punished (file number: C-290/14). That means that an entry despite Embargo can lead to imprisonment.

However, the ECJ reiterated that the Human rights and the guidelines of the Geneva Refugee Convention must be preserved.

What can you do against a deportation? Prevent the measure

Although there are a large number of Persons obliged to leave the country Stopping people in this country, it does not come too often to a deportation: bureaucratic hurdles and revised authorities lead to the fact that some people are still obliged to leave the country very long reside in the country.

In addition, many countries in the context of the refugee crisis Collaboration and cooperation instead of forcible removal.

Voluntary departure instead of deportation

A medical report can delay expulsion for foreigners.

The deportation and enforcement of the Obligation to leave the country is implemented differently depending on the federal state. Put certain countries rigorous deportations through, others increasingly rely on cooperation.

The so-called "Voluntary departure" is an alternative option to deportation, which gives those affected a certain Self-determination and dignity to let.

Refugees and rejected asylum seekers can do this in one of the Return counseling centers Obtain information and assess whether they are a voluntary departure from deportation prefer. In the case of the former, the state usually pays that Plane ticket back to the home of those affected and also donated a rice allowance and a small starting budget for the returnees.

The latter amount varies between 300 and 750 euros and should one for the refugees Reintegration facilitate.

The designation of voluntary departure as a measure for Avoiding deportation However, it has a cynical aftertaste: After all, both options lead to the rejected asylum seekers as fast as possible leave the federal territory.

Voluntary departure in numbers

According to a Survey by the ZDF Significantly more foreigners leave voluntarily than deportations. So were 2015 22.315 Refugees deported from Germany, stand against it 56.373 voluntary departure.

Still only leaves one Fraction of those required to leave the country People the German federal territory. A total of 204,414 people were due to leave the country in 2015. But not all of the remaining 125,000 refugees are holding out illegal in Germany.

An obligation to leave the country and a deportation can namely by law stopped or canceled.

Tolerance instead of deportation from Germany: Asylum rights

Reject the deportation? The deadlines are short!

A Suspension of deportation can take place for "international law or humanitarian reasons or to safeguard the political interests of the Federal Republic of Germany" (Section 60a of the Residence Act). In certain cases it is also sufficient urgent personal Reasons to postpone the deportation.

Even if the presence of one in an ongoing Criminal proceedings is necessary, the deportation can be suspended.

The temporary suspension of deportation will also be "Toleration" called. She lifts the Obligation to leave the country of the foreigner does not, however, "freeze" them, so to speak. A toleration is therefore by no means with the Issuance of a residence permit equate.

Nevertheless, tolerated people are subject to German law certain rights to.

Asylum rights in Germany: working with tolerance status?

Under certain circumstances tolerated people can work. However, the search for a suitable position is based on the threatened deportation from Germany very difficult in most cases.

A toleration must at the latest every six months checked and extended if necessary. If this does not happen, the obligation to leave applies again in full severity and a deportation can be carried out completed become. For this reason, tolerated employees provide a certain amount for employers risk represent.

But not every tolerated person is allowed in this country work. Section 60 of the Residence Act specifies:

(6) A foreigner who has a Duldung may not be allowed to pursue gainful employment if

  1. he has gone to Germany in order to obtain benefits under the Asylum Seekers Benefits Act,
  2. Measures to terminate his stay cannot be carried out for reasons for which he is responsible, or
  3. he is a citizen of a safe country of origin in accordance with Section 29a of the Asylum Act and his asylum application submitted after August 31, 2015 was rejected.

A foreigner is responsible for the reasons according to sentence 1 number 2 in particular if he himself causes the obstacle to deportation through his own deception about his identity or nationality or through his own false information. "

Through the extensive exceptions it is a fact that most tolerated people do not get access to the labor market. For those who get a permit, there is only one restricted access.

A refugee, which one no residence status receives, but cannot be expelled due to a war in his home country no labor law.

This is why many asylum seekers escape deportation

How explained it turns out that, despite the high number of people required to leave the country, only comparatively few deportations and voluntary departure occur? Before the state can deport foreigners and refugees, it has to legal aspect deportation and expulsion must be properly clarified. This is often not possible.

The lack of proof of identity

Many asylum seekers own no identity card. In most cases it is therefore not possible to determine exactly from which country of origin the person comes and where it can therefore be returned. Because before a deportation can be carried out, it must nationality of those affected - or one Acceptance of admission of the destination country are available.

Although you can Replacement papers be requested, however, this takes much time in claim. In addition, often neither the persons required to leave the country nor theirs cooperate Country of origin. In certain cases, the latter simply refuses to return people who have been deported to record.

A very large part of the refugees who did not come from Syria or Iraq come, travel without valid identification documents.

The inability to travel

They are often deported by plane, this harbors certain health risks. A doctor confirms that a person is obliged to leave the country not able to travel is, must enforce the deportation pause.

Authorities suspect a high Abuse number medical certificates, as these are often only presented when a specific date of deportation is certain or even the police are at the door. However, such abuse has to be done first proven - until then the deportation is suspended.

Often times are mental illness - For example, a post-traumatic stress disorder is the reason for the inability to travel. This is surprising because of the bad adventures many refugees on their flight do not.

Urgent personal reasons

If an asylum seeker can present “urgent personal reasons” (Section 60a of the Residence Act), they can be deported postponed become. Valid reasons include, for example, one Medical operationwhich cannot be carried out in the country of origin.

Also taking care of one seriously ill family member or hiring a qualified training (regardless of age) can postpone the deportation.

However, no deportation can be achieved in this way prevent. Deportation can be delayed by a child who is ill. However, the rights of the tolerated family may be affected severely trimmed.

Preventing deportation: Get help from a counseling center

Refugees can lodge a complaint against deportation with the administrative court.

When an asylum application declined asylum seekers can get one legal action submit to the administrative court. The court then re-examines whether the person concerned is granted asylum or whether the decision of the Federal Office for Migration and Refugees (BAMF) is justified.

Depending on which one Reason If the application was rejected, other deadlines for filing the complaint apply.

Basically: As soon as If the negative decision arrives, a counseling center or a lawyer should be consulted. The deadlines are relative tightly setbefore deportation can be ordered:

  • Was the application as a "Obviously unfounded" rejected, the deadline is only one week.
  • On the other hand, if the application was sent as a (simple) "unfounded" rejected, are available to the asylum seeker two weeks available to file a lawsuit.

In the first case, the lawyer must also submit an application Order the suspensive effect of the action against the execution of the deportation Submit. Simply put, he is applying for the deportation to take place only after the expiry of the Litigation can be carried out.

About this Supplementary proposal the court usually decides in advance in a Urgent procedure.

In the second case, deportation is per se after the court ruling possible: An additional application does not have to be made.

Both the Asylum seekers as well as auditioning his lawyer. After a thorough examination of the situation, the court will intervene judgment. It can either confirm the decision of the BAMF: Then the plaintiff must comply with his obligation to leave the country. However, the court can also determine that the person does no residence permit gets, but is still not allowed to be deported: The person concerned can be called Tolerated stay in the country.

The administrative court can also make the initial decision of the BAMF reverse completely and determine a right of residence for the refugee.

So it is worthwhile for asylum seekers Help in the event of an imminent deportation. Advice centers offer one first point of contact and can refer you to a suitable lawyer.

This is where it takes effect Section 58a of the Residence Act to the deportation order:

(4) After notification of the deportation order, the foreigner must be given the opportunity to contact a legal advisor of his choice, unless he has previously secured legal assistance; he is to be made aware of the legal consequences of the deportation order and the legal remedies given. An application for the granting of interim legal protection according to the administrative court rules must be submitted within seven days of the notification of the deportation order. The deportation may not be carried out until the expiry of the period according to sentence 2 and, if the application is submitted in time, until the court has decided on the application for interim legal protection. "

Usually that is what the lawsuit represents last resort against a deportation as a result of a rejected application - although an application can vocation This will only be submitted in very specific cases yielded.

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Deportation and deportation in Germany
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