Translation of "Abschiebungsverbot" in English

Should none of the three forms of protection be applicable, a ban on deportation can be issued if specific grounds apply.

1.8% of the applications led to a recognition of refugee status according to Article 16a GG; another 24.1% were recognised as refugees from Section 3 (1) AsylG; 4% received subsidiary protection of Section 4 (1); and 1.6% were granted a prohibition of deportation.

Should none of the three forms of protection – entitlement to asylum, refugee protection and subsidiary protection – be applicable, a ban on deportation can be issued if specific grounds apply.

People who have received a deportation prohibition have limited access to the labour market and a limited right to have their family joint them.

If the foreigner cites an obstacle to deportation pursuant to this sub-section, the Federal Office for Migration and Refugees shall establish whether the necessary conditions apply in an asylum procedure according to the provisions of the Asylum Procedure Act, except in cases covered by sentence 2.

A ban on deportation can however not be considered if the person concerned could depart for another country, and it is reasonable for them to be called on to do so, or if they have not complied with their obligations to cooperate.

The Federal Office examines each asylum application on the basis of the German Asylum Act (Asylgesetz) as to whether one of the forms of protection – entitlement to asylum, refugee protection, subsidiary protection or a ban on deportation – applies.

Persons eligible for subsidiary protection and persons who are subject to a national deportation ban require special reasons in order to receive a "travel document for foreigners" (Section 5 AufenthVO).

Applicants only receive a negative notice together with a notice of intention to deport if the conditions for none of the forms of protection – entitlement to asylum, refugee protection, subsidiary protection, or a ban on deportation – apply.

In accordance with the existing case-law of the Federal Administrative Court, a ban on deportation must be granted in case of illness, if the person’s illness will worsen due to circumstances prevailing in the country of destination resulting in substantial and concrete danger to health or life. In other words, the ban on deportation must be granted if the illness can be expected to worsen substantially immediately after the return of the person.

If an individual has arrived in Germany as part of a humanitarian acceptance program, they receive a residence permit because the Federal Agency of Migration and Refugees has determined a ban on deportation in his/her case or if an individual has the residence permit after many years' residence due to his/her excellent integration, whose relatives may only enter Germany 'because of humanitarian conditions or to protect the political interests of the Federal Republic of Germany'.

The Federal Office for Migration and Refugees (BAMF) decides in the asylum proceedings on four different types of protection, namely the right of asylum, refugee protection, subsidiary protection and prohibition of deportation.

The Federal Office examines each asylum application on the basis of the German Asylum Act as to whether one of the four forms of protection – entitlement to asylum, refugee protection, subsidiary protection, or a ban on deportation – applies.

This exclusion does not apply to beneficiaries of subsidiary protection or persons for whom a national deportation ban applies on humanitarian grounds (Section 60 (5) and (7) AufenthG).

Otherwise, the Federal Office will find in its decision that the asylum proceedings are discontinued. It will also determine whether there is a ban on deportation pursuant to Section 60 paragraph 5 or 7 AufenthG.

Where the foreigner cites the ban on deportation pursuant to this sub-section, the Federal Office for Migration and Refugees shall establish in an asylum procedure whether the conditions stated in sentence 1 apply and the foreigner is to be granted refugee status, except in cases covered by sentence 2.

If a national ban on deportation was established in the asylum procedure, family reunification is only possible on humanitarian grounds or for other important public reasons.