Overview of § 60 AufenthG
Section 60 of the Residence Act regulates the ban on deportation and offers protection to foreigners who are at risk in their country of origin for various reasons. In particular, humanitarian, health and political reasons are addressed in order to guarantee the necessary security for those affected.
What is § 60 AufenthG about?
§ Section 60 of the Residence Act stipulates the conditions under which the deportation of foreigners is not permitted. This regulation is crucial for the protection of persons whose life or freedom is threatened in their country of origin. The paragraph covers various aspects such as the prohibition of deportation due to political persecution, humanitarian reasons or imminent health risks. This is linked to the corresponding issue of a residence title or residence permit.
Who is protected by § 60 AufenthG?
In particular, persons who can prove that they face serious danger in their country of origin are protected. In addition to Section 60 of the Residence Act, the legal requirement is the 1951 Convention relating to the Status of Refugees(BGBl 1953 II p. 559) This includes refugees who are persecuted on account of their race, religion, nationality or political convictions.
People with serious health problems who cannot receive suitable medical care in their home country are also covered by this protection. Section 60 of the Residence Act thus provides an important legal framework to ensure the safety and well-being of particularly vulnerable people.
Prohibition of deportation according to § 60 AufenthG
According to Section 60 (1) sentence 1 AufenthG, Section 60 AufenthG ensures that persons who are exposed to considerable danger in their home country may not be deported. This provision includes various reasons that can justify a ban on deportation.
Ban on deportation for humanitarian reasons
The ban on deportation on humanitarian grounds applies if you are in a life-threatening or extremely difficult humanitarian situation in your home country. This can be caused by natural disasters, famine or serious social grievances, for example.
- Example: A foreigner who comes from an area affected by a severe drought and where the food supply has collapsed or is not guaranteed can be protected from deportation.
- Evidence: Documentation of the humanitarian disaster, reports from international organizations (e.g. UNHCR, Red Cross).
Ban on deportation due to political persecution
Political persecution is a common reason for a ban on deportation. If you are persecuted in your home country because of your political beliefs, your participation in political activities or your membership of certain political groups, you are covered by this protection under Section 60 (5) AufenthG.
- Example: An activist who could be arrested or mistreated in his home country because of his opposition activities.
- Proof: reports on political persecution, asylum applications, witness statements, reports from human rights organizations. Membership card of a political party
Prohibition of deportation in case of imminent death penalty
A ban on deportation also applies under Section 60 (3) AufenthG if you are at risk of the imposition or execution of the death penalty in your home country. This applies in particular to countries in which the death penalty is imposed for certain criminal offenses.
- Example: A citizen who is wanted for a criminal offense in a country where the death penalty is practiced and could be executed upon return.
- Evidence: court documents, international reports on the judicial system of the country of origin.
Health reasons
A ban on deportation for health reasons applies if you have serious or life-threatening illnesses that would be significantly worsened by deportation.
It is not necessary that the medical care in the country of destination is equivalent to the care in Germany, but it is sufficient that there is a lack of adequate medical care. The legal requirement is § 60 Para. 7 AufenthG.
The Federal Office for Migration and Refugees (BAMF) describes the requirement on its website as follows:
A considerable concrete danger for health reasons exists if life-threatening or serious illnesses would be significantly aggravated by repatriation. This does not presuppose that the medical care in the country of destination is equivalent to that in the Federal Republic of Germany or the European Union.
As a rule, sufficient medical care is also provided if this is only guaranteed in one part of the destination country.
You must prove that the deportation poses a considerable concrete danger to life and limb or freedom. The authorities must also ensure that your illness can be treated in your country of origin and that the necessary medication is available.
You must prove that the deportation poses a considerable concrete danger to life and limb or freedom.
Criteria for health reasons:
- Life-threatening illnesses: Diseases that can lead to death without appropriate treatment.
- Serious illnesses: Diseases that require intensive medical treatment and can cause serious damage to health without it.
Evidence:
- Medical reports: Documentation of the illness and the necessary treatment.
- Medical reports: Detailed reports on the health situation and the risks of deterioration.
As a foreigner, you must provide a qualified medical certificate to substantiate an illness that may affect your deportation.
This medical certificate should contain the following:
- The actual circumstances on the basis of which a professional assessment has been made.
- The method of fact-finding and the professional medical assessment of the clinical picture (diagnosis).
- The severity of the disease.
- The Latin name or classification of the illness according to ICD 10 as well as the consequences which, according to medical assessment, are likely to result from the illness-related situation.
Medications required for the treatment of the disease must be listed with their active ingredients and their internationally used names.
As a foreigner, you are obliged to submit the medical certificate to the competent authority when applying for a ban on deportation.
If you do not comply with the obligation to submit such a medical certificate without delay, the competent authority may not consider your application unless you were prevented from doing so through no fault of your own or there are other indications of the existence of a life-threatening or serious illness that would be significantly worsened by the deportation.
If you present a certificate as a foreigner and the authority then orders a medical examination. The authority is entitled to disregard the illness presented if you, as a foreigner, do not submit a certificate of your illness and cannot justify why you have not submitted a certificate.
The authority is obliged to inform you of the obligations and the legal consequences of a breach of these obligations.
According to the intention of the legislator, the instruction on the foreigner's duty to cooperate pursuant to Section 60a (2d) sentence 4 AufenthG should in future usually be given as part of the threat of deportation.
Enclosed you will find a table showing the evidence for health reasons:
Verification type | Description |
|---|---|
Medical certificate | Confirmation of the illness and the required treatment |
Hospital reports | Detailed medical reports and treatment plans |
Specialist opinions | Assessments by specialists on the necessity of treatment |
Difference between prohibition of deportation and Tolerance permit
While a ban on deportation is a permanent measure that prevents a person from being deported to their country of origin (at least 1 year and Naturalization possible after 5 years), Tolerance permit is a temporary suspension of deportation for a maximum of 3 months. Residence permit in accordance with Section 60 AufenthG
§ Section 60a AufenthG (Temporary suspension of deportation): Tolerance permit is granted under Section 60a (1) AufenthG if deportation is temporarily not possible for factual or legal reasons.
- Example: If deportation is not possible for reasons of international law or humanitarian reasons, the highest state authority can issue a Tolerance permit .
§ Section 60b Residence Act (Tolerance permit for persons with an unclear identity): Tolerance permit is granted if a person's identity is unclear and they are not actively involved in clarifying it.
§ Section 60c AufenthG (Ausbildungsduldung): Tolerance permit for persons who are completing qualified vocational training in a state-recognized or comparably regulated training occupation.
This Tolerance permit is granted until the end of training. If the training is completed without a subsequent job, it will be extended for a further 6 months for job search purposes. Even if training is discontinued, it is possible to extend the Tolerance permit by 6 months to look for training.
- Example: A person starts training as an electronics technician and receives a Tolerance permit during the training period.
§Section 60d AufenthG (tolerated employment permit): You must be granted tolerated employment if your identity has been clarified and you entered the Federal Republic of Germany before December 31, 2022 and you have been working at least 20 hours for at least 12 months in a job subject to social insurance contributions.
Medical reasons for the ban on deportation
A ban on deportation can also be issued on medical grounds in accordance with Section 60 (7) of the Residence Act if a person suffers from a serious or life-threatening illness. This regulation protects those affected from a significant deterioration in their health that could be caused by deportation.
Definition and criteria of serious illnesses
A serious illness is an illness which, without appropriate treatment, can lead to serious damage to health or death.
Here are the main criteria that are taken into account:
Life-threatening illnesses: Diseases that directly endanger the life of the person concerned.
- Examples: Advanced cancer, severe heart failure, end-stage chronic kidney disease.
Serious chronic illnesses: Diseases that require continuous medical treatment and can lead to significant health impairments without it.
- Examples: Severe asthma, diabetes with complications, multiple sclerosis.
Proof of the health risk
In order to obtain a ban on deportation on medical grounds, those affected must prove that their health is at risk. This proof requires comprehensive documentation by medical professionals.
Medical reports: These must contain detailed information about the diagnosis, the course of the illness and the necessary treatment.
- Contents: Diagnosis, recommended therapy, prognosis in the absence of treatment.
Hospital reports: Reports from hospitals that document the treatments to date and their results.
- Contents: Treatment history, previous interventions, drug therapy.
Specialist opinions: Assessments by specialists confirming the severity of the illness and the need for continued treatment.
- Content: Specific medical requirements, potential risks of interrupting treatment.
Role of medical opinions
Medical opinions play a decisive role in the assessment and recognition of a ban on deportation for health reasons. These opinions must be professionally sound and comprehensive in order to emphasize the urgency and necessity of treatment in Germany.
- Detailed medical reports: Medical specialists should prepare detailed reports that clearly state the current state of health, the necessary treatment and the possible consequences of deportation.
- Independent expert opinions: In some cases, it may be helpful to obtain independent opinions from recognized medical experts to increase the credibility of the health risk.
- Regular updates: It is important that the medical reports and statements are updated regularly to document the current state of health and the course of treatment.
Procedure for recognition of the prohibition of deportation
In order to obtain a ban on deportation in accordance with Section 60 AufenthG, those affected must go through a formal procedure. This procedure includes the application, the examination by the Federal Office for Migration and Refugees (BAMF) and possible appeal and legal proceedings. The individual steps and required documents are described in detail here.
Application and required documents
The first step towards recognition of a ban on deportation is the formal application. Various documents must be submitted to substantiate the reasons given.
Application for recognition: A formal application to the BAMF in which the reasons for the ban on deportation are explained. This is an application for asylum. You are therefore applying for asylum with a ban on deportation.
Required documents:
- Medical certificates and medical reports: To substantiate health reasons.
- Evidence on political persecution: Witness statements, reports from human rights organizations.
- Evidence of humanitarian reasons: Documentation of humanitarian disasters or social grievances.
- Certified translations: All foreign-language documents must be translated and certified.
Decision-making process of the BAMF
Once the application has been submitted, the BAMF examines the documents and makes a decision. The decision-making process comprises several steps:
- Preliminary check: The BAMF first checks whether all the necessary documents are complete and whether the formal requirements have been met.
- Substantive examination: This is followed by a substantive examination of the evidence and proof submitted.
- Health reasons: Assessment by medical experts.
- Political persecution: Review through reports and analysis of political situation.
- Humanitarian reasons: Consideration of international reports and humanitarian organizations.
- Decision: The BAMF makes a decision on the basis of the evidence presented and informs the applicant in writing.
Appeal and legal proceedings
An appeal is generally not possible. Reason: In the case of rejections by the BAMF, the information on legal remedies does not allow an appeal. Either a temporary legal protection according to § 80 para. 5 VwGO (Administrative Court Code) or a lawsuit follows.
Lawsuit:
- Administrative court: If the application for recognition of the ban on deportation is rejected, those affected can apply for interim legal protection in accordance with Section 80 (5) VwGO or file a lawsuit.
- Decision: The court re-examines the case without taking comments into account and then upholds the BAMF or requests the BAMF to amend the outgoing decision.
- Legal assistance: It is advisable to consult a lawyer who specializes in migration law in order to increase the chances of success.
Effects of a ban on deportation on the Residence permit
A ban on deportation pursuant to Section 60 AufenthG has a direct impact on the legal status and residence rights of the person concerned in Germany. This includes the granting of a residence permit and the associated rights and obligations.
Issuing a residence permit
If a ban on deportation is recognized, the person concerned will generally receive a residence permit in accordance with Section 25 (3) AufenthG.
- Prerequisites: Recognized ban on deportation by the BAMF or a court.
- Duration: The residence permit is usually issued for at least one year in accordance with § 26 AufenthG.
- Extension: After the initial residence permit expires, it can be extended for up to 3 years, provided that the reasons for the ban on deportation still apply.
- Documentation: Issue of a residence permit in the form of an electronic residence card.
Rights and obligations with a Residence permit
When a residence permit is issued, the person concerned receives certain rights, but is also bound by certain obligations.
Rights:
- Work permit: Access to the labor market and the opportunity to take up employment.
- Health insurance: Access to statutory health insurance and medical care.
- Education: Access to educational institutions and opportunities for further vocational training.
Duties:
- Obligation to register: Obligation to register with the competent registration authority and to notify changes of address. If you have a residence restriction, you must apply to the relevant Foreigners' office to have the residence restriction removed
- Integration course: Participation in an integration course that includes language lessons and information about life in Germany. This is an obligation for you according to § 44a AufenthG.
- Obligation to cooperate: Obligation to cooperate in the clarification of identity and the presentation of necessary documents. According to § 82 AufenthG there is an obligation to do so.
Extension and Settlement permit
The extension of the residence permit and the transition to a Settlement permit are important steps towards securing long-term residence in Germany.
Extension of the residence permit:
- Application: Apply for the extension in good time at the responsible Foreigners' office.
- Required proof: If the BAMF has not revoked your deportation order, no documents are required except for a good integration according to § 8 AufenthG.
Settlement permit:
- Prerequisites: Longer stay in Germany (usually five years), secure livelihood, sufficient knowledge of German.
- Permanence: Settlement permit is open-ended and offers comprehensive rights similar to those of a German citizen.
- Documentation: Proof of fulfillment of all requirements, e.g. participation in integration courses and sufficient financial means (proof: 60 months of payment into pension insurance).
Legal support and advice
Legal support is of great importance when applying for a ban on deportation in accordance with Section 60 AufenthG. Legal advice can help you to obtain the necessary documents, take the right steps and organize the entire process efficiently.
Importance of legal support
The support of a specialist lawyer can make the difference between success and failure when applying for a ban on deportation. Here are some reasons why legal support is important:
- Competent advice: Lawyers who specialize in migration law know the legal provisions and current developments in asylum and residence law inside out.
- Documentation and evidence: A lawyer can help you to compile and submit the necessary evidence and documents correctly.
- Procedural assistance: Lawyers support you in filing applications and represent the interests of those affected vis-à-vis the authorities.
- Complaint: If the application is rejected, a lawyer can file a complaint on your behalf. An objection is not possible. An action must be brought against the decision or interim legal protection must be granted in accordance with § 80 VwGO
- Individual case analysis: Every case is unique and requires an individual strategy. Lawyers can work with you to analyze the specific circumstances of the case and advise accordingly.
Settlement permit with a ban on deportation?
Conclusion on Section 60 AufenthG
As you can see, the issue of a ban on deportation under Section 60 AufenthG is very complex. We have summarized the key points for you here and provided advice for the future.
Summary of the most important points
§ Section 60 AufenthG offers comprehensive protection against deportation for various reasons, such as humanitarian, political or health risks. Recognition of a ban on deportation makes it possible to obtain a residence permit and ensures access to important rights and social benefits.
Outlook on legal developments
The legal framework in migration law is subject to constant change. It is important to stay informed about current developments:
- Changes to the law: Follow new legislative changes and their impact on Section 60 AufenthG.
- Court rulings: Pay attention to relevant judgments that could influence the application of Section 60 AufenthG.
- Political developments: Stay informed about political discussions and possible reforms in the area of migration law.
FAQ - The most important questions about § 60 AufenthG
§ Section 60 of the Residence Act regulates the ban on deportation and protects foreigners from deportation if they are threatened with serious dangers in their country of origin, such as political persecution, life-threatening illnesses or other serious reasons.
There must be considerable dangers in the country of origin, such as political persecution, the threat of the death penalty, torture or serious health problems that would worsen as a result of deportation.
A medical statement documents the severity of the illness and the need for medical treatment in Germany. It serves as important evidence to demonstrate the health risk in the event of deportation.
With a Residence permit you have the right to a work permit, access to social benefits, health insurance and education. You can also attend integration courses and stay in Germany long-term.
Yes, a ban on deportation can be lifted if the reasons for it no longer exist, e.g. if the situation in the country of origin has improved or the health problems have been resolved.
§ Section 60a AufenthG regulates the temporary suspension of deportation (Tolerance permit) if there are urgent humanitarian or personal reasons that make deportation temporarily inadmissible.
Persons who are at risk of political persecution, torture, the death penalty, inhumane treatment or serious health risks in their country of origin may not be deported.
Yes, a Settlement permit can be issued if certain requirements are met, such as a long-term residence, secure livelihood and sufficient knowledge of German.
