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Termination of the obligation to leave the country following a negative asylum decision ,
Source: © BAMF
The BAMF Brief Analysis 1|2023 explores patterns in how the obligation to leave the country is terminated after a negative asylum decision. The empirical analyses are based on longitudinal data from the Central Register of Foreigners (2013 – 2022) and investigate departures, deportations, residence permits, and follow-up asylum procedures as possible ways to end the obligation to leave the country.
Key findings at a glance
Departure and residence permits are the most common pathways
The two primary ways of ending the obligation to leave the country after a negative asylum decision are voluntary departure and obtaining a residence permit. However, these pathways differ in their timelines: while departures typically occur within the first two years after the obligation to leave becomes enforceable, obtaining a residence permit often takes several years, with individuals remaining obliged to leave during that time.
Divergent patterns based on country of origin and toleration status
The analyses reveal significant variations depending on individuals' country of origin and their type of tolerated stay. Nationals from the Western Balkan countries predominantly fulfil their obligation to leave the country through early voluntary departure. In contrast, individuals from other common countries of origin are more likely to remain obliged to leave for longer periods and most frequently end their obligation to leave by obtaining a residence permit.
Furthermore, people with a tolerated stay for training or employment purposes usually transition to a residence permit within a few years. In contrast, those with a restricted tolerated stay based on unclear identity (so-called "Duldung light") tend to remain in the obligation to leave for extended periods without fulfilling or resolving it.
The Brief Analysis was authored by Dr. Laura Peitz and is only available in German.