Deportation

You may be deported when you are obliged to leave the country under an enforceable decision ("vollziehbar ausreisepflichtig") but do not leave voluntarily within the departure period. This, however, will be the case only if your deportation is actually possible and not prohibited for legal reasons. To learn more about the circumstances in which deportation is forbidden or not possible, read the chapter "Rejected Asylum".

You are obliged to leave the country under an enforceable decision (or "vollziehbar ausreisepflichtig") if you have entered the country without permit, AND do not have a residence permit, your residence permit is expired or your application for a residence permit has been rejected incontestably. Such an obligation applies to you when, for instance, your asylum application has been rejected, and you have exhausted all legal options or have missed the chance as you have not acted within the specified time limit for an appeal. 

In principle, the following groups are obliged to leave Germany and their deportation is enforceable:

• Asylum seekers whose case have been incontestably rejected. It also applies to those whose application is rejected due to the Dublin Regulation.
• Illegalised individuals, i.e. people who are (no longer) registered in Germany.
• Foreign citizens whose residence permit is expired or has been revoked.
• Foreign citizens who are to be expelled for committing serious crimes or alike.
• People with a ("Duldung").  For people with a “Duldung”, deportation is only temporarily suspended, but they remain subject to compulsory departure. You can find more about this topic below in the section "Can I be deported despite having a 'Duldung'?"

With a simple rejection ("einfache Ablehung"), you have 30 days to leave Germany voluntarily. If your application for asylum is rejected as "inadmissible" (unzulässig") or "obviously unfounded" ("offensichtlich unbegründet"), you have only one week to leave Germany. Your asylum application can be rejected as "inadmissible", if for instance, due to the Dublin Regulation, another EU country is responsible for your asylum case. Your application may be rejected as "obviously unfounded" when, for instance, the BAMF sees significant contradictions in your story or your reasons for flight or believes that you have fled to Germany solely for economic reasons. Check the notice you have received from BAMF to learn how much time you have to react– the countdown starts from the day you receive the notification.

If you neither “voluntarily” leave Germany within the designated deadline nor take any further actions, the police may be called to intervene, and you may be forcibly sent back to your home country or to a third country which accepts you and to which you have a specific connection (e.g. a country in which you used to live). This process is called "Abschiebung” or “Rückführung”. 

The deportation is regulated in the article 58 of the Residence Act. A deportation can take place, only when sending the person back is actually possible and not prohibited by law. Therefore, before deportation, all of the possible obstacles (legal or practical) must be examined. The Immigration Office is responsible for the deportations. If your deportation is forbidden by law or simply not possible for practical reasons, the Immigration Office may grant you a tolerated stay ("Duldung") or issue you a residence permit. You can learn more under “Duldung”.

You have the right to appeal against the rejection of your asylum application. Strict deadlines also apply here. You can find out more under “Asylum application rejected”.

The Immigration Office coordinates deportations. In the first step, the staff check whether there is a deportation obstacle, i.e., there are grounds which make deportation impossible.  If nothing impedes the deportation, the Immigration Office sets a date for the deportation. 

The exact date, however, is usually not communicated to the person whose deportation is being planned. Many deportations take place at night hours. The state police will pick you up in your flat. 

Since 1 August 2024, a new provision in the Residence Act has made it possible for other persons to enter rooms in shared accommodation when searching for a person who is to be deported. The police will then take you to the airport, where you will be handed over to the Federal Police. 

The Federal Police will then take you on-board and accompany you during the flight out of Germany. In principle, deportations take place by normal passenger flights. Sometimes, however, aircraft are chartered just for deportation. If the Immigration Office suspects that you want to prevent your deportation, for instance, by going into hiding, you may be taken into custody for a few days before the deportation ("Ausreisegewahrsam") or be placed in a deportation detention centre for months until your deportation is organised ("Abschiebungshaft").

If you have to leave Germany and your deportation is feasible, AND the Immigration Office believes that you want to prevent your deportation, you may be placed in a deportation detention centre. 

Before you can be placed in a detention centre, there must be a court hearing where the judge gives you the chance to defend yourself and then decides whether or not the immigration authorities' application for placing you in a detention centre is legitimate. You have the right to appeal against the court's decision.

Certain conditions must be met before the Immigration Office can place an individual in a deportation detention centre:

You must be legally obliged to leave Germany, and your deportation must be enforceable ("Vollziehbar ausreisepflichtig"). This enforceable obligation applies to you when you have entered Germany illegally, do not have a residence permit or your residence permit is expired or your application for a residence permit has been incontestably rejected. You can find more about this topic in the section "Can I be deported?".

Your deadline for voluntary departure has expired.

There are specific indications that you want to prevent your deportation.

New rules apply with the so-called ‘Repatriation Improvement Act’ (“Rückführungsverbesserungsgesetz”), which came into force on 27 February 2024. Detention pending deportation can now last up to 6 months (previously 3 months). There are also more reasons why one can be detained. For example:

• Asylum proceedings do not necessarily protect you from deportation in every case, and you may be detained pending deportation under certain circumstances.
• If you return to Germany despite an entry or residence ban. This is the case if, for example, you have been issued with an entry ban following a negative asylum decision and you re-enter the country after your departure or deportation. In this case, under the new regulations, you can be detained in deportation custody.
• If, for example, you are classified as a security risk.

Important: Detention pending deportation may only be ordered if your deportation can actually be carried out within 6 months.

You can find support and advice at law firms, Pro Asyl and other counselling centres. You can find more information in the section ‘What can I do if I am deported?’.

In principle, you may be detained for up to six months before deportation. If you try to prevent your deportation, this detention period can be extended for another 12 months. Minors and families with minor children, however, may only be detained in exceptional cases and for a short time prior to deportation. As a family, you also have the right to stay together and cannot be separated during the detention period.

During such a detention, individuals are usually placed in special deportation detention centres rather than an ordinary prison. If you are held in a regular prison, you must be separated from the inmates.

You are entitled to have visitors and use the telephone. You also have the right to contact your lawyer and the prison chaplain at any time. You can talk about your concerns and problems with the prison chaplain. Prison chaplains are often Protestant or Catholic priests, but you do not have to be a Christian yourself to seek help from them.

Please note: The police may detain you provisionally even without a court order if the conditions for detention ("Abschiebungshaft") are met and the Immigration Office suspects that you plan to prevent your deportation. In such cases, the court will be informed within 48 hours and then decide whether you must stay in the deportation detention or not.

Detention pending deportation:

If the date of your deportation is already fixed and the Immigration Office has successfully concluded the necessary preparations (your documents, the flight, etc.), the police may take you into custody ("Ausreisegewahrsam"). 

"Ausreisegewahrsam" or Detention pending deportation means that you are held in the transit area of ​​an airport or a special accommodation centre (deportation detention centre, repatriation centre) until the day of your deportation. The objective here is to make sure that you cannot prevent your deportation by, for instance, going into hiding. In such cases, the authorities are permitted to keep you in custody for up to 28 days with no need to a court order. 

No court order is required for provisional arrest. However, after arrest, you must be brought before a judge without delay. 

For Detention pending deportation, the following prerequisites must be met:

• Your deadline for voluntary departure must have expired
• There must be concrete evidence that you want to prevent your deportation. This could be the case, for instance, if you have provided false information about your identity.
• AND: Your deportation can be carried out within 28 days.

Contributory liability:

If you do not show up for the appointment which the Immigration Office makes for you at your embassy or the Public Health Office ("Amtsarzt"), you may be taken into custody for up to 14 days to make sure you cooperate with the authorities ("Mitwirkungshaft"). That means you will be detained in a particular location so the authorities can make you show up at the next appointment.

Good to know: 

If you have been taken into custody before deportation (“Ausreisegewahrsam”) or detained to make sure you cooperate with the authorities ("Mitwirkungshaft"), you have the right to contact your lawyer, a relief organisation, a deportation observer ("Abschiebungsbeobachter"), and your family. Check the section "What can I do if I am being deported?" for relevant addresses and contact information.

In principle, you are deported to your home country. However, it is also permitted to deport you to another country if you have connections there (for example, if you have lived there for a long time or have family members there) and that country is ready to resettle you. 

If you are being transferred under the Dublin Regulation, you may not be deported to your country of origin, but only transferred to the EU country (or Norway, Liechtenstein, Iceland or Switzerland) responsible for your asylum application. You can learn more under “Dublin Procedure”.

A “Duldung” is not a residence permit, but rather a temporary suspension of deportation. However, you are still required to leave the country and can be deported at any time. Further information is available under ‘Duldung’.

If you are deported, you will be issued an official ban of entry and residence according to the article 11 of the Residence Act. Such a ban is also called a re-entry ban ("Wiedereinreisesperre"). The ban comes to effect with your deportation and is usually valid for 5 years. However, the period may be extended to up to 10 years.

The period is 20 years if someone has committed very serious crimes, such as war crimes or crimes against humanity. It also applies if there is a terrorist threat or if there is a threat to Germany's security. 

 If you have been convicted of a crime or are believed to pose a serious threat to the public order and security in Germany. The re-entry ban applies not only to Germany but to all the Schengen states. For the list of current Schengen member states, check auswaertiges-amt.de.  If you try to go to one of the Schengen states despite the ban, you will be refused entry.

In addition, the word "deported" ("Abgeschoben") is stamped in your passport.

Please note: You may be issued an unlimited ban on entry and stay although it is against the law. If this is the case, you need counselling from a lawyer. You can find a lawyer, for instance, through Pro Asyl or other counselling centres. 

You can also find out how to search for a lawyer at Life Initiative. 

If you are being deported, it is necessary to call a law firm and inform a counselling centre or initiative. You can find out how to search for lawyers at Life Initiative. You can find counselling centres in your area on the Pro Asyl website. Pro Asyl also offers individual counselling by email in English and German. You can also contact the Refugee Council in your federal state.

You have the right to file an urgent application or “Eilantrag” with the administrative court for a temporary halt to your deportation. For that,you can also seek assistance from a neighbour or the staff at your accommodation centre. In order for a neighbour or staff at the accommodation centre to help you, you must give him or her power of attorney. The person with power of attorney can then hire a lawyer or file an urgent appeal ("Eilantrag") on your behalf. You can also inform deportation observers ("Abschiebungsbeobachter") and ask them for help. Deportation observes are available at the airports in Frankfurt, Dusseldorf, Berlin, Hamburg and Halle/Leipzig. They can connect you to lawyers. They can also assist you in case you have been taken into custody shortly before deportation ("Ausreisegewahrsam") or have been placed in a deportation detention centre ("Abschiebungshaft"). You can find the contact information of deportation observers in this PDF document. 

If your deportation has not been carried out, it is then necessary to contact a law firm and a counselling centre. After a deportation has been stopped, you may be taken into custody (again) pending deportation. In addition, another deportation is being planned.

Please note: If you are being deported and you do not have any cash with you, the police are legally obliged to give you a small amount of cash.

Your lawyer’s office offers support and advice. They can check if your deportation is legally justified. Otherwise it may be possible for you to return to Germany. 

Friends or a counselling centre can help you find a lawyer if you do not have one. 

If you do not yet have a lawyer, you can find out how to search for one on Life Initiative. You can find counselling centres on the Pro Asyl website. Pro Asyl also offers individual advice by email in English and German. You can also contact the Refugee Council in your former federal state.

Please note: If you have been transferred to another EU country, Norway, Iceland, Liechtenstein or Switzerland under the Dublin Regulation, it is advisable to contact local counselling centres. Ecre.org provides addresses of counselling centres in many countries.