What is § 53 AufenthG?
Are you wondering exactly what Section 53 of the Residence Act (AufenthG) means and how it can affect your right to stay in Germany? To get you started, we will show you the legal situation under German residence law and which interests are important when deciding on your residence.
Legal background
- § Section 53 of the Residence Act regulates the expulsion of foreigners whose residence endangers public safety and order.
- When Foreigners' office decides on an expulsion, a balance is struck between the interest in expulsion and the interest of the person concerned in remaining in the country.
- Factors that are taken into account:
- Duration of stay in Germany
- Personal and economic ties
- Behavior of the foreigner, in particular with regard to criminal offenses
Objectives of Section 53 AufenthG
The main objective of Section 53 AufenthG is to protect public safety and order in Germany. This includes:
- Protection against threats to the free democratic basic order.
- Consideration of significant interests of the Federal Republic of Germany.
- Ensuring that deportation only takes place in cases of significant danger, whereby the individual circumstances of the person concerned must always be taken into account.
According to Section 53 (1) sentence 1 of the Residence Act, the decisive factor is the interest of the Federal Republic in deportation in the respective case. This indicator is used to determine whether or not the person will be deported. The interest in deportation according to § 54 Residence Act and the interest in remaining according to § 55 Residence Act are weighed against each other.
Quote from the law book § 53 paragraph 1 sentence 1 AufenthG:
"A foreigner whose stay jeopardizes public security and order, the free democratic basic order or other significant interests of the Federal Republic of Germany shall be expelled if, taking into account all circumstances of the individual case, the interests in leaving the country outweigh the interests in the foreigner's continued stay in the federal territory."
Expulsion according to § 53 AufenthG
The threat of deportation can be an enormous burden. It is therefore crucial that you know how the interest in deportation is weighed against your interest in staying and which criteria are decisive. Let's take a look at these important aspects together.
Interest in expulsion vs. interest in remaining
If you are deported, the authorities will carefully examine whether the public interest in your departure outweighs your personal interest in remaining in Germany. This balancing act is often a tightrope walk:
- Interest in deportation: The authorities want to maintain public safety and order and prevent criminal offenses.
- Interest in staying: Your family, economic and social ties in Germany as well as your integration achievements and the duration of your stay play a major role.
Criteria for expulsion within the meaning of Section 53 AufenthG
To help you better understand how this decision is made, let's take a look at the various criteria:
Public safety and order:
- Does your behavior pose a threat to public safety? Convictions for criminal offenses or security-related aspects are important here.
- Is your presence a threat to the free democratic basic order?
Personal and economic ties:
- How long have you been in Germany?
- Are you economically integrated and in a permanent employment relationship?
Family members and life partners:
- Do you have family members who are dependent on you?
- Special attention is paid to children and spouses.
Role of the offense in deportation:
- What kind of offenses have you committed and how serious are they?
- Is there a risk that you will reoffend, or have you been law-abiding since then?
When is there an interest in expulsion?
It is very easy for you to be subject to an expulsion review and to be at risk. Under the following conditions, there is an interest in deportation pursuant to Section 54 AufenthG A distinction is made between particularly serious cases pursuant to Section 54 (1) AufenthG and serious cases pursuant to Section 54 (2) AufenthG:
- A legally binding custodial sentence or juvenile sentence of one year or one or more intentional penalties against life, physical integrity (bodily harm), against sexual self-determination, against property if the law provides for a criminal offense with a custodial sentence .
- If you resist or physically assault law enforcement officers.
- Drug trafficking or drug use that was punished.
- Spreading hatred against parts of the population or spreading anti-Semitic agitation.
- Coercion of minors into marriage.
- Multiple legally binding convictions for fines far in excess of 90 daily rates.
In principle, you can remember that there is always an interest in deporting you if there is a legally binding criminal offense and this is well above the sentence of 90 daily rates.
Illegality of an expulsion
You can only be deported if the public interest in your departure outweighs the interest in staying. However, there are many situations in which your interest in staying is greater and deportation would therefore be unlawful. Let's find out together when this is the case.
When is there more interest in staying?
In various situations, your interest in staying may be greater than the authorities' interest in deporting you.
German children and family ties:
- Do you have German children or family members who are dependent on your presence? This is weighted particularly heavily.
- Your family ties in Germany can be a decisive factor in preventing deportation.
Long-term stays and integration:
- How long have you been living in Germany? A long period of residence often indicates a strong interest in staying.
- Have you integrated well? Your economic and social integration plays a major role. A permanent job and a stable social environment are positive aspects.
Cases in which the expulsion is unlawful
In certain cases, expulsion is unlawful.
Legal inadmissibility:
- If the interest in remaining in Germany is outweighed by strong family ties or an exceptionally long period of residence in Germany.
- If the expulsion violates fundamental rights, such as the right to family life or the best interests of the child.
Procedural error:
- If the authorities have made procedural errors, for example by failing to hold hearings or giving inadequate reasons.
- If your individual circumstances have not been sufficiently taken into account.
Other aspects that can strengthen your rights:
Unsuccessful prosecution:
- If you have rehabilitated yourself after a criminal offense and there is no risk of recidivism.
- If the offense committed is not serious enough to justify deportation.
Special cases of hardship:
- If deportation would mean exceptional hardship for you and your family.
- Cases of serious illness or special personal circumstances.
Legal support in the event of deportation under § 53 AufenthG
Deportation is a serious matter that can have a profound impact on your life and that of your family. In such cases, it is essential to seek professional legal support. A lawyer can help you protect your rights and find the best possible solution. Let's see together how a lawyer can help you in concrete terms.
How a lawyer can help with Section 53 AufenthG
A lawyer can provide valuable support in various areas to increase your chances of remaining in Germany.
Legal advice and representation:
- A lawyer can explain to you exactly what Section 53 AufenthG means and how it applies to your situation.
- They can represent you before authorities and courts and ensure that your voice is heard.
- Your lawyer will help you to make the right applications and meet deadlines in order to be on the safe side legally.
Support in the preservation of evidence for legal proceedings:
- A lawyer will help you to collect all the necessary documents and evidence to support your interest in staying.
- This includes, for example, proof of your family ties, your job and your integration in Germany.
- Your lawyer can also call witnesses and obtain expert opinions to strengthen your position.
Successful examples in cases of § 53 AufenthG
An experienced lawyer has already helped many people in similar situations. Here are some examples of how legal support can be successful:
- Preventing the deportation of a mother: A mother with two German children was able to stay in Germany thanks to the support of her lawyer. The strong family ties in Germany and the children's welfare were successfully argued in court.
- Integration as a strong argument: A man who had lived in Germany for many years, who was excellently integrated and had a permanent job, was able to prevent deportation thanks to the evidence presented by his lawyer. The behavior of the person concerned was decisive.
- Success with procedural errors: In some cases, deportation could be averted due to procedural errors by the authorities. Lawyers have recognized these errors and taken legal action against them.
Why you should consult a lawyer for § 53 AufenthG
The German legal situation is complex, and a lawyer knows the intricacies and peculiarities of residence law. A lawyer can help you:
- Present your individual circumstances in the best possible way.
- recognize and exploit procedural errors.
- Maximize your chances in court.
Do you have any questions?
Conclusion on Section 53 AufenthG
Finally, we would like to summarize the most important points regarding Section 53 AufenthG. This paragraph is of great importance for many foreigners in Germany, and it is essential to know your rights and obligations.
Important findings on Section 53 AufenthG
- Weighing up interests: Your deportation will always be examined in the context of the interests of deportation and residence. Your family, economic and social ties can be a strong argument against deportation.
- Unlawfulness: There are many cases in which an expulsion is unlawful, especially if there are procedural errors or if your interest in staying prevails.
- Legal support: A lawyer can be crucial in protecting your rights and making the best case for you to remain in Germany.
Summary of rights and obligations
Your rights:
- You have the right to a fair consideration of your personal circumstances.
- You can take legal action against an expulsion and have yourself represented.
- You have the right to be heard and must be informed of all steps.
Your duties:
- Make sure that all your documents are complete and up-to-date.
- Find out about your legal situation and comply with the statutory provisions.
- Work closely with your lawyer and provide all the necessary information.
FAQ - The most important questions about § 53 AufenthG
§ Section 53 of the Residence Act regulates the expulsion of foreigners whose stay in Germany endangers public safety and order. The interest in deportation and the interest of the person concerned in remaining in Germany are weighed against each other.
§ Section 53 (1) of the Residence Act states that a foreigner can be deported if their presence jeopardizes public safety and order or significant interests of the Federal Republic of Germany. The decision is based on a comprehensive consideration of all circumstances of the individual case.
The interest in remaining in Germany according to Section 55 AufenthG includes the personal, family and economic ties of a foreigner in Germany. Factors such as family ties, long-term residence and integration play an important role and can speak against deportation.
An expulsion is unlawful if the interest of the person concerned in remaining is greater than the interest in expulsion. This is often the case with strong family ties, long-term residence or procedural errors on the part of the authorities.
A lawyer can provide you with legal advice, present your individual circumstances in the best possible way and represent you before the authorities and courts. They will help you gather relevant evidence and ensure that your rights are protected. A lawyer can also uncover procedural errors and take legal action against them.
