National subsidiary protection
A foreigner may not be deported if he/she is threatened in the destination country with torture or inhuman or degrading punishment. This also applies to considerable, individual danger to life, limb or liberty.
National subsidiary protection covers two cases.
Torture, inhuman or degrading treatment or punishment
A foreigner may not be deported if he/she is threatened in the destination country with torture, inhuman or degrading punishment or treatment. This provision repeats an obligation incumbent on Germany by virtue of international law. Accordingly, Germany must adhere to impediments to deportation emerging from the “European Convention for the Protection of Human Rights and Fundamental Freedoms”. The deportation ban is already taken into account with subsidiary protection under European law.
Danger to life, limb or freedom
Deportation is not to be carried out if the foreigner is threatened with considerable, individual danger to life, limb or liberty. This is not contingent on who gives rise to the danger and what it is caused by. It must however go beyond dangers to which the population as a whole is subjected. Rather, a special case constellation must apply where a grievous detriment oversteps the threshold of the general danger.
A considerable concrete danger may also apply if the foreigner suffers from a disease and would have to anticipate that the disease would soon worsen considerably or even become life-threatening on returning to his/her home country.
Dangers to which the entire population or a population group to which the applicant belongs are generally exposed may not be considered as a matter of principle. Such dangers may be taken into consideration by the Land authorities when they examine whether deportations are to be suspended.
