Forced returns

When people who are required to leave Germany do not do so voluntarily within the specified time limit, they are returned forcibly to their country of origin. Forced returns are a last resort; people who return to their home country voluntarily can receive various kinds of assistance.

The Federal Government’s coalition agreement calls for stricter enforcement of the obligation to leave the country. In particular, more criminals and people considered a potential terrorist or extremist threat are to be deported. Furthermore, the federal authorities will provide more support to the federal states for carrying out returns.

If foreigners fail to comply with their obligation to leave Germany voluntarily, this obligation will be enforced by means of coercive force, that is, by deportation. The obligation to leave Germany may be based on various grounds such as an expulsion order, the expiry of a residence permit or illegal entry without a valid residence permit.

To ensure deportation, a judge may issue an order imposing custody awaiting deportation. Custody awaiting deportation is always a last resort; a judge may only order it if deportation would otherwise be significantly more difficult or impossible.

Framework conditions and return policy stakeholders

The legal provisions on return issues are mainly found in the Residence Act (Aufenthaltsgesetz) and the Asylum Act (Asylgesetz). Many of these provisions are based on European Union law.

While responsibility for ending residence lies with the federal states, many authorities at federal and state level are involved, including above all

• the foreigners authorities (Ausländerbehörden) of the federal states,
• the Federal Office for Migration and Refugees and
• the police authorities at state level as well as the Federal Police.

The authorities at federal and state level cooperate closely, relying on well-established institutions such as the Joint Counter-Terrorism Centre (GTAZ) and the Joint Centre for Return Assistance (ZUR), especially when it comes to enforcing the return of criminal offenders and persons considered a potential terrorist or extremist threat.

The GTAZ logo displayed on a computer screen (click on the magnifying glass to open a larger image in a new window) (Larger version opens in new window) Source: Henning Schacht

In the case of voluntary returns, government agencies as well as a number of non-governmental and volunteer organisations are involved. Their engagement is an important part of a comprehensive policy on returns.

Cooperation with the countries of origin

In many cases, returns have to be suspended because deportation is impossible for practical or legal reasons. For example, many people who are required to leave the country do not have any identity documents. For this reason, the authorities must first establish their nationality and obtain passport substitutes. To do so, they are dependent on the cooperation of the countries of origin. Good cooperation with the countries of origin is therefore essential for identifying persons required to leave and for issuing travel documents faster.

The Federal Government is also seeking to improve return cooperation with countries of origin. Within the Federal Government, negotiations on return issues are prepared primarily by the Federal Ministry of the Interior and Community, the Federal Foreign Office and the Federal Ministry for Economic Cooperation and Development.

Readmission agreements

To improve cooperation with the countries of origin and optimise the readmission of people who are required to leave Germany, readmission agreements between the EU and key countries of origin as well as bilateral agreements with priority countries of origin have proved to be helpful and practicable. Furthermore, Germany’s bilateral readmission agreements concluded in recent years usually specify that the partner country must allow returnees who are not their nationals (third-country nationals and stateless persons) to enter and transit through that country, subject to certain conditions. In this way, these agreements meet current EU standards. 

Migration agreements

The Federal Government’s migration agreements are a more complex instrument: on the one hand, they are intended to help counter the causes of flight in the countries of origin, while on the other hand, they take into account the fact that Germany needs labour migration. The agreements are aimed at significantly reducing irregular migration while facilitating regular migration.

Migration agreements are practical and cooperative agreements with the main countries of origin; the agreements also comply with human rights standards. These agreements are part of an overall strategy which includes more economic cooperation, technology transfer, visa facilitation, training compatible with the German labour market, job listings, and cooperation on returns of people who are required to leave Germany. Concluding such agreements is not a condition for financial support in the framework of development cooperation.

Dr Joachim Stamp has been appointed the Federal Government Special Commissioner for Migration Agreements with the task of bringing about such agreements with the relevant countries of origin.