You may be deported when you are obliged to leave the country under an enforceable decision ("vollziehbar ausreisepflichtig") but do not leave voluntarily within the departure period. This, however, will be the case only if your deportation is actually possible and not prohibited for legal reasons. To learn more about the circumstances in which deportation is forbidden or not possible, read the chapter "Rejected Asylum". When you do not have a residence permit, your application for a residence permit has been rejected incontestably, and you have entered Germany illegally, you are obliged to leave the country under an enforceable decision (or "vollziehbar ausreisepflichtig"). Such an obligation applies to you when, for instance, your asylum application has been rejected, and you have exhausted all legal options or have missed the chance as you have not acted within the specified time limit for an appeal. As long as your asylum application is not decided, your deportation is not enforceable and therefore, you may not be deported.
In principle, the following groups are obliged to leave Germany and their deportation is enforceable:
- Asylum seekers whose case have been incontestably rejected. It also applies to those whose application is rejected due to the Dublin Regulation.
- Illegalised individuals, i.e. people who are (no longer) registered in Germany.
- Foreign citizens whose residence permit is expired or has been revoked.
- Foreign citizens who are to be expelled for committing serious crimes or alike.
- Individuals with a tolerated residence ("Duldung"). In this case, however, the execution of the obligation to leave is suspended, and the individual's stay is allowed until further notice. You can find more about this topic below in the section "Can I be deported despite having a 'Duldung'?"
Please note: Parents may only be deported together with their children. For instance, if a minor child is missing at the time of deportation, the rest of the family must not be deported.