Connect with us

News

Deportation laws in Germany — what you need to know

Homecoming agony

By Carla Bleiker 

German Interior Minister Horst Seehofer is calling for harsher deportation laws after asylum-seekers attacked pedestrians in Bavaria. So far, who gets deported — and who makes that call — is a complex matter.

Interior Minister Horst Seehofer has said he would send proposals to the government aimed at changing German deportation laws in an effort to make it easier to send criminal foreigners back to their home countries.

Leader of the conservative CSU, the Bavarian sister-party of Angela Merkel’s CDU, has suggested such changes before. The trigger for this most recent call was an attack in the Bavarian town of Amberg in which four suspects aged 17 to 19 —  asylum-seekers from Syria, Afghanistan and Iran — harassed and beat passers-by on December 29, 2018, while under the influence of alcohol. Twelve people were injured, though the injuries were mostly minor.

There are no data on how many people were deported after committing criminal offenses, but in general, the number of deportations fell last year. During the first half of 2018, roughly 12,300 people were deported from Germany. Compared to the same time period in 2017, that number is down by around 2 percent.

Who can be deported from Germany?

Because non-Germans must have some kind of residency permit to be allowed to stay in Germany, refugees and asylum-seekers are issued with temporary permits while their applications are being considered. If they have had their asylum applications turned down, they no longer have the right to stay in Germany, and are obliged to leave the country by a certain deadline (no longer than six months). If that deadline has passed, they may be forcibly deported to their country of origin.

READ  13 stranded Nigerians return from Germany, Canada, France

What about foreigners who have committed a crime?

A person applying for asylum who is sentenced to at least three years in prison must be deported. But in the case of people who have been convicted of less severe crimes, or are simply deemed a threat to public order and safety, the question of whether to deport is up to the authority in question.

The decision is based on two factors: how severe the crime was and how high the perpetrator’s need for protection is. A man who committed a misdemeanor and who’s facing torture or even death in his home country will not get deported. A foreigner with a German family or a steady job is also less likely to face deportation, if the crime he committed was minor.

A general rule says that a foreigner sentenced to at least two years in prison can be deported. One year is enough if the crime in question was part of a catalogue established after the 2015/16 New Year’s Eve attacks in Cologne, where a large group of mostly North African and Arab men groped, assaulted and robbed women. The catalogue includes sexual offenses and criminal assault.

Who decides who gets deported?

The responsibility for ordering deportations from Germany is shared by two different authorities – the Foreigners’ Registration Office (“Ausländerbehörde”), which is run by the regional state governments, and the Federal Office for Migration and Refugees (BAMF).

READ  Stranded Nigerians celebrate as government lifts suspension on evacuation

In most cases, the registration office is responsible for issuing and enforcing deportation orders, but in asylum procedures, the BAMF also has the right to issue a deportation order once the application has been rejected. Even in those cases, the registration office is responsible for enforcing the deportation.

Since most deportations are not voluntary, the registration office can call in the police to help – and since deportations are the remit of border control, deportations are usually carried out by federal, not state police.

Authorities can also apply for a court order for a “deportation detention,” which can last up to 18 months, if they have evidence that a deportee intends to disappear to avoid deportation.

Do deportees have a right to appeal government decisions?

Yes. For instance, people whose asylum applications are rejected are entitled to file appeals with an administrative court. But they need to do so quickly. Those whose applications are rejected as “obviously unfounded” have only one week to file an appeal, while others get two weeks. People can also appeal against the decisions made by the foreigners’ registration authorities.

In recent years overworked BAMF offices have made flawed decisions on asylum applications, leaving asylum-seekers with legal opportunities to challenge rejections. This has resulted in many asylum-seekers spending a long time in Germany even after their initial applications were turned down.

What other reasons are there that hold up deportations?

Among those who are legally required to leave Germany, many escape deportation because they are too mentally or physically ill to travel or they lack identity documents such as passports needed for repatriation.

READ  Again, Nigeria denies deportation of nationals from Germany

German law also prohibits deportation if the deportee is threatened in his or her country of origin with capital punishment or torture, or if their life or freedom is threatened because of their race, religion, nationality, political opinion, or membership of a certain social group. These people are then “tolerated” in Germany until the conditions precluding deportation change.

People initially allowed to stay may be told to leave later, which happened to some of the refugees Germany took in during the Balkan Wars of the 1990s. They were ordered to go back home when the situation stabilized.

Ben Knight and Jefferson Chase contributed to this report.

Source: DW

Support Voice for African Migrants


Support VOICE FOR AFRICAN MIGRANTS journalism of integrity and credibility.

Good journalism costs a lot of money. Yet only good journalism can ensure the possibility of a good society, an accountable democracy, and a transparent government.

For continued free access to the best and latest migration, trafficking, displacement and humanitarian reports including thorough investigative reports in these areas, we ask you to consider making a modest support to this noble endeavour.

By contributing to VOICE FOR AFRICAN MIGRANTS, you are helping to sustain a journalism of relevance and ensuring it remains free and available to all.
* are compulsory
cardlogos
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Solve : *
23 − 16 =


News

Over 140 migrants perish in deadliest shipwreck of the year

A group of suspected migrants are brought to shore by Border Force officers at the Port of Dover in Kent after a number of small boat incidents in the Channel in September. Photograph: Gareth Fuller/PA

At least 140 people have drowned after a vessel carrying around 200 migrants sank off the Senegalese coast, the deadliest shipwreck recorded in 2020.

According to media sources, the Senegalese and Spanish navies, and fishermen who were nearby, rescued 59 people and retrieved the remains of 20 others.

The International Organization for Migration (IOM) is deeply saddened by this recent tragedy, which follows four shipwrecks recorded in the Central Mediterranean last week and another in the English Channel.

“We call for unity between governments, partners and the international community to dismantle trafficking and smuggling networks that take advantage of desperate youth,” said Bakary Doumbia, IOM Senegal Chief of Mission.

“It is also important that we advocate for enhanced legal channels to undermine the traffickers’ business model and prevent loss of life.”

READ  Again, Nigeria denies deportation of nationals from Germany

Local community members told IOM the vessel left Mbour, a coastal town in western Senegal on Saturday (24/10) bound for the Canary Islands. The boat caught fire a few hours after departure and capsized near Saint-Louis, on Senegal’s northwest coast.

The Government of Senegal and IOM have arranged a mission to travel to Saint-Louis to assess the needs of survivors and provide immediate psychosocial assistance.

The number of departures from West Africa to the Canary Islands has significantly increased in recent weeks.

IOM Senegal has been monitoring departures from the coast with the assistance of members of the community since the beginning of September. In September alone, 14 boats carrying 663 migrants left Senegal for the Canary Islands. Of these departures, 26 per cent were reported to have experienced an incident or shipwreck.

IOM estimates there have been roughly 11,000 arrivals to the Canary Islands this year compared to 2,557 arrivals during the same period last year. This is still far below peaks seen in 2006 when over 32,000 people arrived.

READ  COVID-19: Thousands of irregular migrants face severe humanitarian challenge - Group

With this tragic shipwreck, at least 414 people are known to have died along this route in 2020 according to IOM’s Missing Migrants Project, which recorded 210 fatalities there in all of 2019.

Support Voice for African Migrants


Support VOICE FOR AFRICAN MIGRANTS journalism of integrity and credibility.

Good journalism costs a lot of money. Yet only good journalism can ensure the possibility of a good society, an accountable democracy, and a transparent government.

For continued free access to the best and latest migration, trafficking, displacement and humanitarian reports including thorough investigative reports in these areas, we ask you to consider making a modest support to this noble endeavour.

By contributing to VOICE FOR AFRICAN MIGRANTS, you are helping to sustain a journalism of relevance and ensuring it remains free and available to all.
* are compulsory
cardlogos
Continue Reading

News

Displaced Yemen children at risk of the deadly impacts of severe food insecurity  

Migrants near Budapest

The latest Integrated Food Security Phase Classification (IPC) Acute Malnutrition analysis released today by the Food and Agriculture Organization of the United Nations (FAO), the United Nations Children’s Fund (UNICEF), the World Food Programme (WFP) and other partners is extremely concerning. With limited access to food, humanitarian services and health care, displaced children in Yemen are at risk of the deadly impacts of severe food insecurity.

Around 26 per cent of the more than 156,000 people newly displaced this year, in the areas where the International Organization for Migration (IOM) has access, cited food as their main need. This is the second most cited need after shelter and housing, which 65 per cent of people reported as their main need. In areas where there are higher levels of displacement, like Al Hudaydah, Taizz, Al Dhale’e and Marib, higher levels of food needs have also been reported.

“Displaced Yemenis leave their homes with nothing and often find themselves seeking safety in locations where there are no job opportunities and barely enough services, including health care,” said Christa Rottensteiner, IOM Chief of Mission for Yemen.

READ  13 stranded Nigerians return from Germany, Canada, France

“This can leave vulnerable people without enough food to feed their families. Given that UN partners are reporting that acute malnutrition rates among children under five are the highest ever recorded in parts of Yemen, we are extremely worried about children in displaced families.”

The situation in Marib is particularly concerning given that an escalation in hostilities has displaced over 90,000 people to the city and caused a drastic shortage of services. Displaced people in Marib report food to be one of their most urgent needs. Of the displacement sites assessed by IOM in October, some reported that food shortages were a major concern for approximately 50 per cent of their residents.

In response to food insecurity, the emergency aid kits distributed under the Rapid Response Mechanism by IOM to newly displaced families include emergency food rations. IOM also carries out livelihood support activities for displaced communities to help them generate income. Most recently the Organization supported displaced women in making face masks which help their community combat the spread of COVID-19.

READ  GFMD Summit begins, focuses on reality of migrants' lives

IOM also operates a health centre in Al Jufainah Camp, Yemen’s largest displacement site, and multiple mobile health clinics. In addition to providing primary health care services to over 55 per cent of displaced people in Marib, IOM’s mobile health clinics provide community level access to malnutrition screening for children under the age of five and referral for treatment, in coordination with UNICEF. Given the high demand for such nutritional support, early intervention is vital to reducing avoidable morbidity and mortality among displaced children.

Support Voice for African Migrants


Support VOICE FOR AFRICAN MIGRANTS journalism of integrity and credibility.

Good journalism costs a lot of money. Yet only good journalism can ensure the possibility of a good society, an accountable democracy, and a transparent government.

For continued free access to the best and latest migration, trafficking, displacement and humanitarian reports including thorough investigative reports in these areas, we ask you to consider making a modest support to this noble endeavour.

By contributing to VOICE FOR AFRICAN MIGRANTS, you are helping to sustain a journalism of relevance and ensuring it remains free and available to all.
* are compulsory
cardlogos
Continue Reading

News

Nigerians in Spain say no to genocide

Nigerians resident in Spain have kicked against bad governance and brutalitalisation of innocent citizens by security operatives in Nigeria.

They are in solidarity with the #Endsars protesters.

The #Endsars protest  started by young Nigerians to say no to brutality, impunity and gruesome killings in the hands of the Special Anti-Robbery Squad (SARS) of the government in the country saw security operatives using live bullets on the protesters last week, October 21, 2020.

In a statement signed by Afolabi Oloko, the Nigerians in Spain said: “In every part  of the world, including Nigeria, we believe protesting is a fundamental right of all citizenry that we can exercise whenever we deem it fit as long as it is civil and devoid of violence but such is not the case in Nigeria where the young future of the country are murdered by their very own government just because they made demands that there must be a reform to the notorious Police department and that the country be reformed in general. Have they asked for too much from a responsible and responsive government?

READ  Europeans sought sanctuary in Africa during World War 2

“It is so disheartening that after Ten days that the youth refused to back down they resorted to killing, maiming of their own future generations just because they asked and begged for good governance and good policing. It’s a shame that young people are being killed all around the cities of Nigeria from Lagos, Abeokuta, Ibadan, Abuja, Ondo , Benin, Porthacort just to mention a few. It was horrendous seeing over seventy people being murdered at night while still protesting unarmed peacefully in Lekki area of Lagos state. They organised by switching off the street light while they carried out their evil deed against defenceless young people of the country and also took away the CCTV. The commander-in-chief of the Armed forces in person of President Muhamodu Buhari must be tried at the International court for genocide against it’s own people.

“We the compatriots far away in Spain are with our young brothers and sister on the streets saying no to bad governance as you’re in our hearts and prayers. We support you in the just cause you’re are fighting. Fighting for one’s future should not be seen as an affront to the authorities, rather they should look inward and realise that the system is rotten and should be cleansed but not killing innocent young men on the streets with Army being deployed to take lives of vibrant and resourceful, frustrated and change hungry citizens.
“Today, we came out in multitude in solidarity with our compatriots back home to say #ENDSARS! #ENDBADGOVERNANCE #ENDPOLICEBRUTALITY #ENDCORUPTION #ENDTHEGENOCIDE”

READ  Refugees to the rescue? Germany taps migrant medics to battle virus

 

Support Voice for African Migrants


Support VOICE FOR AFRICAN MIGRANTS journalism of integrity and credibility.

Good journalism costs a lot of money. Yet only good journalism can ensure the possibility of a good society, an accountable democracy, and a transparent government.

For continued free access to the best and latest migration, trafficking, displacement and humanitarian reports including thorough investigative reports in these areas, we ask you to consider making a modest support to this noble endeavour.

By contributing to VOICE FOR AFRICAN MIGRANTS, you are helping to sustain a journalism of relevance and ensuring it remains free and available to all.
* are compulsory
cardlogos
Continue Reading

Trending

Copyright © 2019 Voice for African Migrants. Site Design: Semasir Connect