Title:
Deportation and Rejection of Asylum Applications
Introduction
Deportation and the rejection of an asylum application are among the most sensitive and complex issues many people face in Germany. When an asylum claim is rejected or a residence permit is withdrawn or not renewed, leaving the country often becomes the only remaining option. In this context, it is important to understand the reasons for, and procedures related to, deportation.
1. Deportation order and notification
After an asylum application has been rejected, the Federal Office for Migration and Refugees (Bundesamt für Migration und Flüchtlinge – BAMF) issues a “deportation order” or “deportation notice” to the person concerned. This document must specify the country of destination. The notice must be delivered before the deportation is carried out.
2. Deadline for departure
If the application is rejected in the normal procedure, the person usually receives 30 days to leave Germany voluntarily.
In the case of a “manifestly unfounded” or particularly strict rejection, the deadline may be shortened to one week.
3. Seeking legal advice
After receiving a deportation order, it is strongly recommended to contact a lawyer or a counselling centre. Even after an asylum application has been rejected, there may still be legal options that allow the person to remain in Germany.
4. Enforcement of deportation
If the person does not leave the country voluntarily within the allotted time, the police may be involved to enforce the deportation. Deportation may only be carried out if it is legally permissible and not prohibited for legal or humanitarian reasons.
People can be deported from Germany in several situations, including:
1. Final rejection of an asylum application
When BAMF finally rejects an asylum application, this is a key reason for deportation.
If the application is classified as “inadmissible” under the Dublin Regulation because another EU Member State is responsible, the person may be required to leave Germany and be transferred to that state.
This can also occur if contradictions are found in the applicant’s statements or if the application is deemed to have been submitted mainly for economic reasons.
2. Lack of a valid residence permit
If a person does not have a valid residence permit – for example, after an asylum rejection or after a permit has expired or been revoked – they are generally obliged to leave the country.
This also applies to individuals who entered Germany irregularly (without the necessary documents or permission).
3. Persons who have committed crimes
People who have committed serious criminal offences may be expelled and subsequently deported.
This includes serious crimes such as drug trafficking, violent crimes or other serious offences.
The German authorities give particular weight to public safety in such cases.
4. Persons whose tolerated stay can no longer continue
People who hold a temporary tolerated status (Duldung), but whose grounds for toleration no longer exist, may become subject to deportation.
This may be the case if the situation in the country of origin has changed or if the person has obtained a passport or travel document from their home state.
Although there are many situations in which deportation is legally possible, there are also important exceptions that provide protection against removal:
1. Persons facing serious humanitarian risks
If a person would face a real risk of human rights violations in their country of origin – such as torture or inhuman or degrading treatment – they may be granted a form of protection that prevents deportation.
Credible and verifiable evidence of these risks is typically required.
2. Families
Parents are, as a rule, not deported without their minor children.
Maintaining family unity is a key principle in German and European law.
If a minor child cannot be found at the time of deportation, the removal of the other family members must generally be suspended.
3. Persons holding documents that prohibit deportation
Individuals for whom a national ban on deportation has been established – for example due to serious illness or special humanitarian circumstances (war, armed conflict, extreme danger) – are usually granted residence in Germany.
As long as such deportation bans are in place, they may not be returned to their country of origin.
4. Persons with special needs
People with special vulnerabilities, such as victims of violence, torture survivors or severely traumatised individuals, enjoy additional protection.
This also applies to unaccompanied minors, who require particularly sensitive treatment and support.
5. Acute humanitarian emergencies
In the event of extraordinary humanitarian situations, such as severe humanitarian crises, wars or natural disasters in the country of origin, deportation may be temporarily suspended or postponed.
In such cases, the authorities can order deportation stops or temporary moratoria on removals.
Deportation and the rejection of asylum applications are legally and emotionally complex issues in Germany. Persons affected should know their rights and the options available to them. It is always important to seek legal assistance as early as possible in order to understand the procedures and to respond appropriately to difficult situations in the asylum and residence process.
The editorial team of our website strives to provide accurate information based on careful research and various sources. Nevertheless, errors may occur or some details may be incomplete. Please regard this article as an initial guide and always consult the competent authorities or specialised counselling centres for binding and up-to-date information.
