What is § 54 AufenthG?
Have you ever wondered under what conditions a foreigner can be expelled from Germany? Section 54 of the Residence Act provides a clear answer.
Definition and significance of the interest in expulsion
Section 54 AufenthG regulates the so-called interest in deportation according to the specification of the reason for deportation in Section 53 Para. 1 AufenthG in Germany. This paragraph is of crucial importance in residence law, as it defines the circumstances and criteria under which a foreigner can be expelled from Germany.
The interest in expulsion describes the state reasons and conditions that justify an expulsion, in particular if there is a threat to public safety and order or a significant criminal offense. The provisions of Section 54 of the Residence Act are therefore a key instrument for safeguarding internal security and enforcing German migration law.
Legal basis of § 54 AufenthG
Section 54 of the Residence Act is based on the legal framework set out in the Residence Act. The main aim of this section is to protect public safety and ensure that people who pose a danger to society or have committed serious crimes must leave the country.
The grounds for deportation include serious criminal offenses, membership of terrorist groups and threats to the free and democratic basic order. With these regulations, the legislator has created clear and binding criteria that authorities must use as a basis when deciding whether to expel foreigners.
Requirements for the interest in expulsion
In order to justify an interest in deportation within the meaning of Section 54 AufenthG, certain conditions must be met. These include criminal convictions as well as threats to public safety and order.
Criminal offenses and convictions
Serious criminal offenses are a central criterion for the interest in deportation.
Here is an overview of the relevant convictions that can lead to deportation:
Imprisonment or juvenile sentence of at least two years:
- In the case of convictions for intentional offenses.
Imprisonment or juvenile sentence of at least one year:
- For offenses against life or physical integrity.
- For offenses against sexual self-determination (e.g. §§ 174, 176-178 StGB).
- In the case of serial offenses against property.
- In the event of resistance or assault against law enforcement officers.
Narcotics criminal law:
- Convictions under Section 263 StGB at the expense of a social insurance institution.
- Convictions under the Narcotics Act.
Criminal offense under Section 11 (2) sentences 1 and 2 of the Civil Status Act: Marriage of a minor
Threat to public safety and order
A threat to public safety and order may also justify an interest in deportation. This includes
Threat to the free and democratic basic order:
- Support for or membership of terrorist organizations.
- Preparation of serious acts of violence endangering the state(§ 89a StGB).
Extremist activities:
- Participation in violent political or religious activities.
- Public incitement to violence or hatred.
Other grounds for expulsion
In addition to the categories mentioned above, there are other reasons that may justify an interest in expulsion:
Membership in prohibited associations:
- Membership of an association that has been banned because it violates criminal laws or the constitutional order.
Incitement to violence or hatred:
- Public incitement to arbitrary measures against parts of the population.
- Malicious disparagement of certain groups of the population which is likely to disturb public safety.
- Criminal offense according to § 46 paragraph 2 sentence 2 of the Criminal Code: An anti-Semitic, racist, xenophobic, gender-specific, anti-sexual orientation or other inhuman reason.
Here we have summarized the reasons for expulsion in a table:
Criterion | Description |
|---|---|
Imprisonment or juvenile sentence of at least 2 years | Convictions for intentional offenses. |
Imprisonment or juvenile sentence of at least 1 year | Crimes against life, physical integrity, sexual self-determination, property, resistance against officers. |
Narcotics criminal law | Convictions under § 263 StGB or the Narcotics Act. |
Threat to public safety | Support for terrorism, preparation of acts of violence endangering the state. |
Membership in prohibited associations | Associations that violate criminal laws or the constitutional order. |
Incitement to violence or hatred | Public incitement to arbitrary measures, malicious disparagement of population groups. |
Weighing up the interest in deportation and the interest in remaining in the country
Weighing up the interests of deportation against the interests of remaining in Germany is a central component of German residence law. There are various steps in the procedure and influencing factors.
Difference between interest in expulsion and interest in remaining
While the interest in deportation is defined in Section 54 AufenthG and describes the reasons why a person should be deported, Section 55 AufenthG regulates the so-called interest in remaining. The interest in remaining in Germany takes into account the foreigner's personal, family and social ties in Germany as well as humanitarian and international legal obligations. The aim is to make a fair and balanced decision that takes into account both the public interests and the individual circumstances of the person concerned.
How is the assessment carried out?
The process of weighing up the interests of deportation against the interests of remaining in the country takes place in several stages:
Recording the facts:
- Collection of all relevant information on the criminal offenses or threats that justify the interest in deportation.
- Determination of the personal, family and social ties of the person concerned in Germany.
Assessment of interests:
- The interest in expulsion is weighed against the interest in remaining in the country.
- Consideration of the seriousness of the offenses and the specific threat to public safety.
- Assessment of the integration performance of the person concerned and the impact of expulsion on family life.
Decision:
- The competent authority makes a decision based on an overall assessment of all the circumstances.
- The decision must be comprehensible and well-founded in order to be valid in the event of a legal dispute.
Influencing factors and decision-making processes
The decision to expel a foreigner is influenced by various factors:
Seriousness of the offense:
- A serious criminal offense increases the interest in deportation.
Duration of stay in Germany:
- A long period of residence and good integration can strengthen the interest in staying.
Marital status and family ties:
- Married people or those with underage children in Germany often have a higher interest in staying.
Health and humanitarian reasons:
- Serious health problems or humanitarian obligations may justify a strong interest in remaining.
Obligations under international law:
- Germany is bound by international agreements and human rights, which must be taken into account in the decision
The influencing factors are summarized for you in the table below:
Influencing factor | Description |
|---|---|
Seriousness of the offense | Greater severity of the offense increases the interest in deportation. |
Duration of stay | Longer stays and good integration strengthen the interest in staying. |
Marital status and family ties | Married people or those with underage children are often more interested in staying. |
Health and humanitarian reasons | Serious health problems or humanitarian obligations strengthen the interest in staying. |
Obligations under international law | International agreements and human rights must be taken into account in the decision. |
Rights of those affected in the event of imminent deportation
Right to be heard and defense
If there is a threat of deportation, those affected have various rights to defend themselves and to be heard. These rights are essential to ensure that any decision is made fairly and justly.
Right to be heard:
- Before an expulsion order is issued, the competent authority must hear the person concerned.
- The person concerned is given the opportunity to present their point of view and provide all relevant information.
Right of defense:
- The person concerned has the right to present all available evidence that proves his innocence or mitigating circumstances.
- This includes documents, witness statements and other relevant evidence.
Possibilities of legal objection
Various legal steps can be taken against the threat of deportation. These options help those affected to protect their rights and ensure a thorough examination of the deportation order.
Contradiction:
- A formal objection can be submitted to the competent authority within a certain period of time (usually one month).
- The objection must be made in writing and state the reasons why the expulsion is unjustified.
Action before the administrative court:
- If the objection is rejected, the person concerned can take legal action before the administrative court.
- The court examines the legality of the deportation order and can revoke it if it violates legal regulations.
Interim injunction:
- In urgent cases, a temporary injunction can be applied for to temporarily suspend the expulsion until a final decision has been made.
Support through legal advice and lawyers
The support of legal advice and lawyers is crucial in deportation proceedings. Expert lawyers can help you as the person concerned to defend your rights and achieve the best possible results.
Advice from specialist lawyers:
- Lawyers who specialize in migration law offer sound advice and support.
- They help with the collection of evidence, the formulation of objections and complaints and represent those affected in court.
Legal aid:
- In many cases, those affected are entitled to legal aid if they cannot afford the costs of a lawyer.
- This ensures that financially disadvantaged people also have access to qualified legal support.
Enclosed are the rights and options in the event of imminent expulsion in table form:
Right/possibility | Description |
|---|---|
Right to be heard | Opportunity to present your own point of view and provide relevant information. |
Right of defense | Right to present evidence proving innocence or mitigating circumstances. |
Contradiction | Formal written objection within the deadline to contest the expulsion. |
Action before the administrative court | right to file a lawsuit to have the legality of the deportation order reviewed. |
Interim injunction | Possibility of temporarily suspending the expulsion until a final decision has been made. |
Legal advice from lawyers | Support from specialist lawyers for migration law. |
Legal aid | Financing of legal fees for financially disadvantaged persons. |
Naturalization planned?
Conclusion on Section 54 AufenthG
§ Section 54 of the Residence Act plays a central role in German residence law by defining the criteria and conditions for the expulsion of foreigners.
Summary of the most important points of the article
The most important aspects of the interest in designation and its application can be summarized as follows:
Interest in expulsion:
- The interest in deportation is justified by serious criminal offenses or a threat to public safety and order. The legal basis for the reason for deportation can be found in Section 53 (1) AufenthG
- The relevant offenses include convictions to prison sentences of one year or more, offenses against life and physical integrity and terrorist activities.
Weighing up the interest in deportation and the interest in remaining:
- The balance is struck between the state's interest in deportation and the individual's interest in remaining in the country in accordance with Section 55 AufenthG.
- Factors such as the length of stay, family ties, integration performance and health or humanitarian reasons play a decisive role in the decision.
Rights of data subjects:
- Affected parties have the right to a hearing and defense in order to present their point of view and submit relevant evidence.
- There are various legal options for taking action against an expulsion, including appealing and taking legal action before the administrative court.
Legal support:
- The importance of legal advice from specialist lawyers for migration law cannot be emphasized enough. They offer essential support in defending the rights of those affected and in legal proceedings.
- Section 54 of the Residence Act is a complex but essential part of German residence law. It ensures that public safety is protected while at the same time taking into account the individual rights and interests of the person concerned.
Careful consideration and compliance with legal requirements are essential to ensure fair and equitable decisions.
If you are affected, you should find out about your rights in good time and, if necessary, seek legal advice to protect your chances of remaining in Germany.
FAQ - Frequently asked questions about § 54 AufenthG
The interest in deportation according to Section 54 AufenthG describes the state reasons and conditions under which a foreigner can be deported from Germany. In particular, it includes serious criminal offenses and threats to public safety and order.
Offenses that can lead to an interest in deportation include
- Convictions to imprisonment or juvenile sentences of at least two years.
- Convictions to imprisonment or juvenile sentences of at least one year for offenses against life, physical integrity, sexual self-determination, property or law enforcement officers.
- Offenses under the Narcotics Act and other serious offenses.
The competent authority weighs up the interests of deportation against the interests of remaining in Germany. The severity of the offense and the threat to public safety are weighed against the personal, family and social ties of the person concerned in Germany as well as health and humanitarian reasons.
Those affected have several rights, including
- The right to be heard in order to present their point of view.
- The right of defense, including the presentation of evidence.
- The possibility of lodging an appeal against the deportation order and, if necessary, taking legal action before the administrative court.
Those affected can take the following steps against an expulsion:
- A formal objection can be submitted to the competent authority within a specified period.
- If the objection is rejected, an action can be brought before the administrative court.
- In urgent cases, a temporary injunction can be applied for to temporarily suspend the expulsion.
- Support from specialist lawyers for migration law is essential to ensure the best possible defense.
