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» Economics » Foreigner right » Topics begins with D » Deportation (right)

Page modified: Tuesday, July 12, 2011 23:34:26

The coercive measure of the deportation (Switzerland: Ausschaffung) is the official execution of a departure obligation determined in a right-national procedure.

German legal situation

In the colloquial language and in the media the terms classification and deportation are often synonymously used. These have however different meanings.

The "classification" is a foreigner-legal punishment. A foreigner knows "proven" will and must then Germany leave, because he committed substantial criminal offences, a danger for public security explains, or something similar. Also an already existing, possibly even an unlimited unlimited right to residence can be terminated by a "classification". In case of missing unlimited right to residence a "classification" can make the later reentry more difficult additionally. There are legally compelling classification reasons ("§ 53 residence law - AufenthG), rule classification reasons ("§ 54 AufenthG) as well as estimation classification reasons ("§ 55 AufenthG). To consider is the special classification protection ("§ 56 AufenthG).

European Union member can be proven after the iurisdiction of the EuGH only in completely few exceptional cases, only with heaviest endangerment of public security and order with negative prognosis (repetition danger) ("§ 6

The "deportation" is in contrast to this the means of coercion, with which the stay is terminated. A deportation is the technical procedure, with which the stay is terminated: the police arrests the foreigner, the deportation effected then mostly by airplane. A deportation can take place due to a "classification", in addition, without previous classification for other reasons (rejected application for asylum, illegal stay, residence permit run off etc.).

If the conditions for a residence termination are present, and here no legal protection (complaint and/or express request with the Administrative Court) is more possible, introduces the foreigner authority after the residence law (AufenthG) or the asylum proceeding law (AsylVfG) the deportation. With the deportation and/or classification in usually develops on request temporally limited - entry prohibition ("§ 11 AufenthG). The costs of a deportation must be usually paid before a possible reentry by the concerning. In certain cases (illegal occupation, illegal entry) also the employer or the airline can be obligated to bear the cost of the deportation. A request for departure with a "departure period" usually precedes the deportation.

In the context of the pushing away procedure it comes for the safety device of the deportation frequently to the deportation detention, see in addition the clamping coats specified in "§ 62 AufenthG. During the detention the necessary technical facilities for the execution of the deportation are to be created (procurement necessary travel documents and if necessary agreement of the origin state to the cancelling, reservation of a flight, etc.). The reasons of the detention must be examined immediately by a judge.

Criticism by human right organizations at practice

In some cases a departure obligation can be enforceable immediately, even if against the appropriate decision in the main thing main still another redress is given. If necessary then additionally express requests are to be placed to the delay of a deportation. Strengthened it is criticized that the execution by force of the departure led in individual cases to deaths. Also suicides of foreigners in pushing away detention occurred already more frequently. Although the German legal situation plans a set of exceptions of the deportation with cases of hardness, this can be arranged in certain cases also if death threatens the concerning in the respective homeland.

Those was e.g. in March 2005 the case with Sarai Kameli, a Iranerin, which would have been threatened with Steinigung because of the divorce of their Muslim man and the crossing to the Christianity with effected deportation in Iran. Only rolled up by substantial protests of groups of human rights and church representatives, e.g. the Margot the case against the attitude of the Minister of the Interior of Lower Saxony (CDU), who on the deportation insisted, of the federal state parliament of Lower Saxony again and decided as case of hardness to favour of the concerning. Also Prime Minister Christian Wulff (CDU) had before pleaded for the deportation.

The pushing away practice of the Federal Republic is socially disputed. The deportation by force is in opinion some however allegedly a range to a large extent unconsidered of the public, within which it to serious injuries come again and again. Human right organizations can document this like "pro asylum" at numerous individual cases. They use themselves therefore not only for an improvement of the procedures, but also for a fundamental re-orientation in the immigration policy and a fundamental lodging right for refugees.

Change of the German pushing away right

Now in "§"§ 5 exp. 4, 54 No. 5 and residence law (before since 1.1.2002 "§ 8 exp. 1 No. 5 aliens act) contained the malfunctioning and classification reasons are jokeful a reorganization from the anti-terror measures designated after former Federal Minister of the Interior Otto Schily "petrol catalog". Afterwards the justified suspicion on membership or support hands the terrorism supporting abroad in or active grouping, in order to arrange a fast deportation in the country of origin. To these groupings in principle also such can belong, which see themselves as "liberations movement", and against out to their view regime to fight.

To this law novella large expectations, Islamics addressed themselves in the future more easily "to loose-will". These hopes did not fulfill themselves first: If the concerning inserted in time redresses, there was umter standing around legal means for many years by the court instances. "§ 8 exp. 1 No. 5 aliens act Nizar became as on 15 December 2003 in one of some as "surprising action" rated procedure against the Yemeni student. used (mirror No. 31/2004). If he had requested in time asylum, so the director/conductor of the responsible Wetterauer foreigner authority, did not have to be accomplished the deportation. Besides "fortunately" the four-week period for inserting a contradiction of its lawyer "strolled", so that a return to Germany is likewise impossible for legal proceedings.

The Zuwanderungsgesetz plans now that in cases of a "special danger for the security of the Federal Republic of Germany" the legal protection is substantially limited. It will issue an immediately enforceable deportation menace, the foreigner comes if necessary into pushing away detention, it can only within 7 days complaint at the Federal Administrative Court submit, that in first and only instance on the deportation decide is (deportation arrangement, "§ 58a AufenthG).


Swiss term reads Ausschaffung.

In Germany by the foreigner authorities and other one is taken regularly execution assistance of the police in requirement. The organizational unit of the German police is called "thrust natures ". With deportation primarily the federal police is concerned. Furthermore the land police e.g. procures measure also preparing like the transfer from departure-requiring to the departure centers.

For the deportation airliners are normally used. The foreigners accompanied by at least two armed police enforcement officer of the federal police. Some foreigners try again and again to bring by extremely aggressive behavior the pilots to reject transport. In exceptional cases also airplanes are chartered.

See also

  • Asylum
  • Right of asylum (Germany)
  • Right of asylum (Switzerland)
  • Asylum abuse
  • Foreigner right
  • Residence status
  • Hardness with system - as Germany pushes away (WDR documentation)

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Articles in category "Deportation (right)"

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» Departure center
» Deportation (right)
» Descending principle
» Diplomat passport

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