National ban on deportation
Should none of the three forms of protection – entitlement to asylum, refugee protection and subsidiary protection – be applicable, a ban on deportation can be issued if specific grounds apply.
A person who is seeking protection may not be returned if
- return to the destination country constitutes a breach of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), or
- a considerable concrete danger to life, limb or liberty exists in that country.
A considerable concrete danger can be considered to exist for health reasons if a return would cause life-threatening or serious diseases to become much worse. This is not contingent on the healthcare provided in the destination state being equivalent to that available in the Federal Republic of Germany. Adequate medical treatment is also deemed to be provided as a rule if this is only guaranteed in a part of the destination country.
If a national ban on deportation is issued, a person may not be returned to the country to which this ban on deportation applies. Those concerned are issued with a residence permit by the immigration authority.
A ban on deportation can however not be considered if the person concerned could depart for another country, and it is reasonable for them to be called on to do so, or if they have not complied with their obligations to cooperate.