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Custody awaiting deportation |
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Written by Anti-Diskriminierungsbüro Berlin e.V.
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Freitag, 22 Juni 2007 |
All people who would like to remain in Germany, but do not possess a German or European Passport, need a ‘Residence Permit’ (‘Aufenthaltsgenehmigung’). Those who do not possess this document are in Germany illegally, and are obliged by law to leave the country. Those who are ‘obliged to leave’ but could not or will not leave, will be compelled by the threat or use of force.
Every year, over 20,000 people are deported from German territory by the Federal Border Guard. To implement the ‘departure obligation’ the German Residence Act (2004) contain special means, which are used in Berlin especially restrictively: Custody awaiting deportation.
Section 62 Residence Act (2004): Custody awaiting deportation
"[…] (2) A foreigner shall be placed in custody by judicial order for the purpose of safeguarding deportation (detention pending deportation) if - the foreigner is unappealably obliged to leave the Federal territory on account of his or her having entered the territory unlawfully,
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- a well-founded suspicion exists that he or she intends to evade deportation.
[…] Detention pending deportation shall not be permissible if it is established that it will not be possible to carry out deportation within the next three months for reasons for which the foreigner is not responsible. (3) Detention pending deportation may be ordered for up to six months. In cases in which the foreigner frustrates his or her deportation, it may be extended by a maximum of twelve months. […] Source: Federal Ministry of the Interior, official English translation, pp.62-63 |
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Last Updated ( Mittwoch, 27 Juni 2007 )
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