Return - IOM Publications - International Organization for Migration

Return Migration: Policies and Practices
Expulsion
According to the Aliens Act, expulsion must be ordered and carried out, where aliens do not
undertake to leave the federal territory voluntarily, despite enforceability of this requirement.
This occurs when the Aliens office deems that the alien will not obey the order and leave within
the mandated period, or his/her departure has to be supervised. Reasons for expulsion are deportation,
the lack of a passport, the attempt to deceive an Aliens Office or an obvious reluctance to
leave. Aliens might also be expelled if they are unable to cover their subsistence costs and those
of their dependants without drawing on social welfare (unless only temporary).
Detention
Detention may be ordered as a preparatory measure (Vorbereitungshaft) when the deportation
order has not yet been issued, but where it is deemed that deportation can be enforced more
easily if the aliens are detained. According to the law, preparatory detention requires a court
decision and must not exceed six weeks.
Detention is also ordered to enforce an existing deportation order (Sicherungshaft). This applies
to rejected asylum seekers:
Who, without informing the Aliens Office, have changed their address after the time set for
departing the country voluntarily has expired;
Who have not responded to a summons by the Aliens Office regarding their deportation;
Who have tried to avoid deportation;
Who are suspected of possibly avoiding deportation.
The mere refusal to cooperate in obtaining travel documents is not a valid and legal reason for
imposing a detention period. In the past, there had been attempts to introduce coercive detention
for migrants, but this was defeated.
Detention must be ordered by a court and must be reviewed every three months. The migrant is
to be released if deportation is not feasible within three months for reasons beyond the alien’s
control. In case of detention pending deportation, German law provides for a preliminary duration
of six months, which may be extended to a maximum of 18 months to enforce the obligation
TABLE 2
THE NEW IMMIGRATION ACT – KEY POINTS
The new Act on Residence, gainful Employment and Integration of Aliens summons for
the first time all relevant rules and regulations on the rights of residence and the rights
of work for aliens in one law.
Labour Migration
• Permanent residence permission from date of admission for highly qualified persons
and new business entrepreneurs based on an individual evaluation and without a set
quota on the number of aliens to be admitted under this category.
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