Termination of Residential Privileges - Revocation of Living Rights

In recent years, the German legislature has taken steps to tighten the possibilities for enforcing deportations, while ensuring that the basic and human rights of those affected are not compromised, particularly their right to a fair trial.

Deportation, a coercive measure to end residence, is regulated in sections 58 et seq. of the German Residence Act. It is usually initiated when an individual does not leave voluntarily after the period for voluntary departure has passed. Deportations can occur to the affected person's citizen country, but they can also take place to another willing state.

Before deportation, the affected person receives a written decision from the responsible immigration authority. This decision outlines the reasons for the deportation and the individual's rights to appeal. Deportations can be appealed against within a certain period to an administrative court.

Detention is a special form of deprivation of liberty used to enforce departure obligations. There are several types of detention, each with its own purpose and duration. Detention for the purpose of departure, as per § 62b of the Residence Act, is a milder form of deprivation of liberty and serves to prepare for a short-term deportation, lasting up to 28 days. Detention for the purpose of securing, as per § 62 subsection 3 of the Residence Act, ensures that a person already subject to deportation does not abscond or evade deportation and may last up to 18 months for adults. Detention for the purpose of preparation can be ordered under § 62 subsection 2 of the Residence Act when a person is not yet subject to deportation but the authority plans to expel them and is limited to a maximum of six weeks.

Deportations can affect individuals or a group of people and often take place by charter flight to states with which there are bilateral readmission agreements. One such special form of deportation is the Dublin transfer, where a person is sent to another European state that is responsible for their asylum procedure.

"Refusal of entry" is a measure that prevents foreign nationals from entering at the border due to lack of necessary entry requirements. "Surrender," an international law procedure involving one state asking another to hand over a person for criminal prosecution or sentence enforcement, is not directly related to deportations but is an important aspect of international cooperation.

Expulsion is an administrative decision that states a foreign person may no longer remain in Germany. It occurs when a person poses a threat to public safety and order, often resulting in an obligation to leave and a temporary ban on entry and residence. Removal occurs when a person enters a state illegally and is apprehended near the border, and if there are indications that another state is responsible for the Asylum Procedure, the person is sent there in accordance with § 57 of the German Residence Act.

Germany has established bilateral agreements on the return of persons related to deportations with various countries, but the specific countries involved in recent years are not detailed in the provided search results. Additional, authoritative legal or government sources would be required to list the exact countries.

It is crucial to remember that all forms of detention pending deportation must be proportional, and the affected person can appeal against this. A deportation ban can exist for various reasons, such as violations of international law or humanitarian reasons. The focus should always be on ensuring that the basic and human rights of those affected are protected, especially their right to a fair trial.