Deportation

Abschiebung

When your asylum application is conclusively rejected, or in case you lose your residence permit (or were never issued one), you are obliged to leave Germany. In such cases, the BAMF asks you to depart within a specified time limit and threatens to deport you according to the Asylum Law §34. They will send you a formal notice which is called "Abschiebungsandrohung" (roughly: "deportation order"). In this notice, the destination of deportation must be specified. Sending such a letter is mandatory before deportation, i.e. If you have not received it, you must not be deported. In principle, when your asylum application is rejected, you receive a deportation order along with your rejection notice from the BAMF. The deportation orders are sent as registered letters; which means the BAMF knows when the letter arrives in your mailbox.

With a simple rejection ("einfache Ablehung"), you have 30 days to leave Germany voluntarily. If your application for asylum is rejected as "inadmissible" (unzulässig") or "obviously unfounded" ("offensichtlich unbegründet"), you have only one week to depart Germany. Your asylum application can be rejected as "inadmissible", if, due to the Dublin Regulation, another EU country is responsible for your asylum case. Your application may be rejected as "obviously unfounded" when, for instance, the BAMF sees significant contradictions in your story or your reasons for flight or believes that you have fled to Germany solely for economic reasons. Check the notice you have received from BAMF to learn how much time you have to react-  the countdown starts from the day you receive the notification.

After receiving a deportation order, you must seek advice from a lawyer or a counselling centre. Even if your asylum application has been rejected, there are still some options which can enable you to stay in Germany. Learn more about these options in the chapter "Rejected Asylum".

If you neither voluntarily leave Germany within the designated deadline nor take any further actions, the police may be called to intervene, and you may be forcibly sent back to your home country or to a third country which accepts you and to which you have a specific connection (e.g. a country in which you used to live). This process is called deportation ("Abschiebung") or repatriation ("Rückführung"). The deportation is regulated in the article 58 of the Residence Act. A deportation can take place, only when sending the person back is actually possible and not prohibited by law. Therefore, before deportation, all of the possible obstacles (legal or practical) are examined. To learn more, read the chapter "Rejected Asylum". The Immigration Office is responsible for the deportations. If your deportation is forbidden by law or simply not possible for practical reasons, the Immigration Office may grant you a tolerated stay ("Duldung") or issue you a residence permit. Check our chapter “Rejected Asylum" for more detailed information in this regard.

Was muss ich wissen?

Can I be deported?

What steps does the deportation process entail?

Can I be placed in deportation detention centre?

What rights do I have during deportation detention ("Abschiebungshaft")?

Is there any other way for the police to detain me prior to my deportation?

To which destination can I be deported?

Can I be Deported Despite having a 'Duldung'?

What consequences does a deportation have?

What can I do if I am being deported?

What can I do after I have been deported?

Important

The federal states are responsible for deportations. Each state independently decides who to deport. Some states carry out many deportations, others fewer. You may hear about deportations taking place in other federal states, but that does not mean you too are in danger of deportation.