To deport or not deport?
Federal Office is often asked for its opinion by local immigration offices
The Federal Office is consulted with regard to large number of decisions to be taken by the local immigration offices. Opinions are sought on the question of whether a foreign national may be deported to his/her homeland – i.e. whether there is a deportation ban affecting the country in question.
The question is therefore whether the Federal Republic has to grant 'subsidiary protection'. This is because, even if a foreign national's asylum application has no chance of being accepted, there may be reasons that prevent him/her from being deported. These include the threat of the death penalty, torture, inhuman or degrading treatment or other existential threats – meaning that the foreign national is to be regarded as vulnerable.
If a foreign national has made an application for asylum, the Federal Office automatically checks whether there is a deportation ban relating to the home country. If the foreign national has not applied for asylum, but has applied for a deportation ban relating to the home state, the local immigration office makes the decision. In accordance with sec. 72, subs. 2 of the Residence Act, it must however consult the Federal Office in advance. This also applies to the question of whether there are grounds for barring the applicant from re
The Federal Office is consulted with regard to large number of decisions to be taken by the local immigration offices. Opinions are sought on the question of whether a foreign national may be deported to his/her homeland – i.e. whether there is a deportation ban affecting the country in question.
The question is therefore whether the Federal Republic has to grant 'subsidiary protection'. This is because, even if a foreign national's asylum application has no chance of being accepted, there may be reasons that prevent him/her from being deported. These include the threat of the death penalty, torture, inhuman or degrading treatment or other existential threats – meaning that the foreign national is to be regarded as vulnerable.
If a foreign national has made an application for asylum, the Federal Office automatically checks whether there is a deportation ban relating to the home country. If the foreign national has not applied for asylum, but has applied for a deportation ban relating to the home state, the local immigration office makes the decision. In accordance with sec. 72, subs. 2 of the Residence Act, it must however consult the Federal Office in advance. This also applies to the question of whether there are grounds for barring the applicant from receiving a residence permit. In this event, the local immigration office must also consult the Federal Office before making its decision. The local immigration office therefore makes its request in writing to the BAMF, presenting the circumstances of the case.
The Federal Office's opinion is limited in both cases to an assessment: re there de facto grounds for a deportation ban in relation to the home country? Are there reasons against issuing a residence permit? When making its decision, the local immigration office is however not bound to take the Federal Office's stance on these issues into account.
In practice to date, as a rule, enquiries to the Federal Office have revolved around all types of illness, and enquiries about the situation in the homeland, e.g. for minority groups, children or the elderly. In view of the many different homelands involved, a very large amount of research is required. In addition, it takes a long time to evaluate certificates and doctors' letters that are submitted as proof of illness.
ceiving a residence permit. In this event, the local immigration office must also consult the Federal Office before making its decision. The local immigration office therefore makes its request in writing to the BAMF, presenting the circumstances of the case.
The Federal Office's opinion is limited in both cases to an assessment: Are there de facto grounds for a deportation ban in relation to the home country? Are there reasons against issuing a residence permit? The local immigration office is however not obliged to take the Federal Office's stance on these issues into account when making its decision.
In practice to date, as a rule, enquiries to the Federal Office have revolved around all types of illness, and enquiries about the situation in the homeland, e.g. for minority groups, children or the elderly. Given the large amount of different homelands involved, a very large amount of research is required. In addition, it takes a long time to evaluate certificates and doctors' letters that are submitted as proof of illness.
