This is a collection of information which can be of advantage for people with “Duldung” (suspension) and/or who are in danger of deportation. We want to show you what your rights are, what is possible if the laws don’t protect you anymore and what helped other people to improve their situation. Seek for support and build a network!
This booklet is by no means replacing a proper consultation by a social worker or a lawyer! It is meant to give you an overview to seek the proper support in your area! As immigration laws change a lot, please check the release date of this booklet and see if it is still up to date.
United and in solidarity against deportations! STOP DEPORTATION! Everyone stays!
1.1 If your asylum gets denied
If your official request for asylum gets denied (“negativer Bescheid“/ negative decision), try to go to an independent information centre or to a lawyer you trust. Often the deadline to react to a refused asylum is only 1 week! Your residence admittance (“Aufenthaltsgestattung“) will get invalid if you don’t respond to the refused asylum letter and you will get a “Duldung” (suspension) instead from the “Ausländerbehörde“ (immigration centre). This means that the legal status of your residency is insecure. The handing out of a “Duldung” is one of the first things that happen before a deportation. But don’t panic, there are people who have lived lots of years in Germany with a “Duldung”.
Example for a denied request for asylum
1.2 What is a “Duldung”?
A “Duldung” (suspension) is not a residency permit. The word “Duldung” means that the deportation has been postponed until the obstacles for the deportation (e.g. a severe disease, a lack of papers, pregnancy, etc.) are out of the way. If you have a “Duldung” and there are no obstacles, you can be deported. There is no time limit to living with a “Duldung” instead of a real residency permit. The “Ausländerbehörde“ can extend your “Duldung” for 6 months maximum each time you go there. If there are special circumstances like an apprenticeship it can be up to 3 years.
Example for a “Duldung”
2. Deportation and its consequences
Different kinds of deportations have different consequences for you. These depend on if you leave “voluntarily” (“freiwillige Ausreise”), if you are deported by force to your home country or if you are told to go or deported to another European country because of the Dublin III regulations. The “voluntary” return and the deportation to your home country are initially blocking the way for you to get a right to stay in Germany and the EU. But if you’re getting transferred to another European country because of the Dublin-III regulations, you are entitled to get a chance of applying for asylum in that country, unless you already had a denied asylum request in said country.
2.1 Voluntary Leave Option / “freiwillige Ausreise“
If you receive a negative decision on your asylum request (“negativer Asylbescheid“), you are often asked to leave the country voluntarily (“freiwillige Ausreise“).
If you follow the request to leave voluntarily, you give up your request for asylum in Germany. You will only have chances for asylum after a long time and with new reasons! Do get qualified consultation about this! If you decide to leave ‘voluntarily’, you should notify the “Ausländerbehörde“ about this as soon as possible. The “Ausländerbehörde“ decides on a date until you have to leave. Usually people receive a time limit of 30 days. Either you accept this offer, or they will try to deport you. However, the request to leave is not a deportation notice!
If your application is declared as ‚illegitimate‘ (“unzulässlich“) or as ‚obviously unfounded‘ (“offensichtlich unbegründet“), often you have only one week to leave. If you leave voluntarily, the “Ausländerbehörde” can suspend your re-entry up to three years under given circumstances. This makes it difficult to re-enter Germany legally!
If you decide to leave voluntarily, you can decide the means of your travel by yourself and you will not be forced by direct police contact. You should however take care, that the “Ausländerbehörde” issues a certificate of border crossing (“Grenzüberschrittsbescheinigung“, short: GÜB) for your travel. This document proves to the authorities that you have actually left the country. You will need to be in possession of a valid passport or passport replacement for the ‘voluntarily’ leave. You maybe have the possibility to request financial support for the travel costs, transport costs and an ‘initial support’ after arriving in the other country. You might want to go for consultancy at the refugee centre (Flüchtlingszentrum, http://www.fz-hh.de ).
Often the “Ausländerbehörde” tries to convince people with “Duldung” to accept the voluntary leave option with a lot of pressure and by threatening with deportation. It is important to consider the option of voluntary leave thoroughly and calmly. Therefore, do not sign anything in the “Ausländerbehörde” on principle, if you are not completely sure about it. You have the right to take the documents with you and consult a lawyer before singing them!
2.2 Deportation to country of origin
In case of a deportation the police can force you physically to leave Germany. The deportation will be registered with your identity by saving your finger prints and these data can be accessed across Europe. Even additional data about you can be saved!
In the case of a deportation the costs of it are regularly charged on the deported person. This does not apply for deportations according to the Dublin decree. To cover the cost any amounts of cash and valuable items you carry on your person can be taken in as guarantees. If you cannot pay the costs, they are noted as debts. In some cases, the charging of deportation costs can be avoided, therefore you should seek a lawyer for consultancy. The costs of deportation remain, if you come back to Germany at a later point. The issuing of a later residence permit can be made dependent on the payment of these debts or your engagement to pay them in the future.
Regularly a re-entry suspension (“Wiedereinreisesperre”) of 30 to 36 months is issued, but it can be longer or shorter. It is illegal to issue unlimited re-entry suspension. A re-entry suspension means, that on principle during this period you cannot enter any country of the European Union, Switzerland, Norway, Island or Liechtenstein, the so-called Schengen area. You can receive a permit for short visits. It is also possible to apply for a reduction of the prohibition period (“Antrag auf Verkürzung der Sperrfrist”). The duration of the re-entry prohibition depends on your connections to Germany. If for example you have close relatives living in Germany, it should be shorter.
2.3 Dublin-III Special Regulations
If you have been registered or applied for asylum in another EU state, in Switzerland, Norway, Island or Liechtenstein before you entered Germany, or if this country issued you a visa, according to the Dublin decree this country is on principle responsible for your asylum case. Germany verifies, if a deportation (“Überstellung”) to this country is possible. If a deportation is possible, Germany regularly has a six months time limit to deport you. If they do not deport you in this period, Germany becomes responsible to take your asylum case. However, the six months can be extended to 18 months if there is a criminal procedure against you or if you are considered as hiding from the authorities. This is all a bit complicated, therefore: if you receive a Dublin notice, IMMEDIATELY seek the help of an independent support group or a lawyer.
Third Country Regulation (“Drittstaatenregelung“)
If you already applied for asylum in another European country, the so called “Drittstaatenregelung” comes into play. Asylum requests get frequently rejected because of this regulation. There is a chance that you can fight a rejection in court so you should get a law consultation.
You are allowed to stay in other countries of the European Union up to 90 days, if you already have been awarded asylum or refugee status in another European country. After that you have to return to the country where your asylum admission or refugee status was issued for at least 180 days.
2.4 Signs for a deportation
-A very short extension of your “Duldung” (e.g. only a few days or a few weeks) CAN be a sign of an upcoming deportation. BUT that does not have to mean that you will be immediately deported after the extension of your “Duldung” is over.
Other clues are:
– You have been demanded to leave the country voluntarily (“Freiwillige Ausreise”) and you have been asked to agree to leave the country voluntarily by signing the respective paper work.
– You are demanded to undergo a health check on your ability to travel. There is a medical examination in the “Ausländerbehörde”. In this examination a doctor measures your pulse and your blood pressure. If that happens to you, there is a very high risk that you will be deported. Sometimes even one or two nights after.
– You received an invitation to an appointment at the “Ausländerbehörde”, that tells you to bring all passports of your family members. You can take a friend for support to meetings like that (if you decide to go). That can be useful if you get pressured or you don’t know what to say anymore. Think about what to say before you go, so your friend does not say things that you don’t want.
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What happens during a deportation?
A deportation is usually unannounced. The “Ausländerbehörde” and the police will execute the deportation together. On principle, in order to deport a person the authorities need a passport. But Germany has made agreements with some countries, which accept deportations with substitute papers issued by the German government for passports (“Passersatzpapier”). Therefore: Inform yourself if the country that you could be deported to accepts such substitute papers for passports.
There are places where a deportation is more likely to happen than in others:
a)In your apartment/ accommodation/ camp
The police can pick you up from your apartment/ accommodation/ camp. Usually that happens very late in the night or very early in the morning (basically when people normally sleep). You will get a bit of time to pack some things. Even though the situation is very stressful, it is important to pack your documents. So remember to take identification papers, passports, letters from the doctor, medicine, etc.
If your doorbell rings in the morning and the deportation officers and the police are standing in front of the door – stay calm. You are not obligated to open the door for them. Of course you can still choose to open the door. If not, the officers will probably try to enter forcefully. But there is no law that tells you to open the door, unless they have a judicial order (“richterlichen Beschluss”).
b) “Ausländerbehörde”
It is possible that you will be arrested for deportation at the “Ausländerbehörde” when you go there for an appointment. Be careful and seek consultation before you go to unexpected or exceptional appointments at the “Ausländerbehörde”! An appointment is exceptional, if the time span between your appointments has changed significantly. For example, if you usually have an appointment to extend your “Duldung” every 3 months, but now without reason your “Duldung” is only extended by 4 weeks, this is exceptional. Seek advice! Also seek advice if your life circumstances have changed and the reason for your “Duldung” might not apply anymore. For example, if your sick note has expired or your family circumstances have changed.
Immigration Detention (“Abschiebehaft”)
You can be kept in detention for up to 8 days until the day of your deportation. This happens sometimes if you have said you would leave the country voluntarily (“Freiwillige Ausreise”), but you did not leave until the deadline that the authorities gave you. Sometimes it is enough that the police suspects that you might go into hiding to put you in detention.
Transfer and Deportation
A deportation usually happens with an airplane rented by the government for the deportation of a group of people (Charter Flight) or with a regular flight of an airline where a seat is booked. In a lot of cases you will get transferred to another city in Germany, from where the deportation flight starts.
4. Get Support and be prepared!
– If you have a “Duldung“ and you are afraid, that you will get deported, tell your friends, teachers, neighbours, etc. of your difficult situation.
– Organize support together and be ready to start a loud demonstration, if you hear of a deportation. Be creative. There have been cases where deportation attempts have been successfully blocked like that. But be aware that it only buys you time and there will be other attempts for the deportation.
– You can also send a person with an authorization (“Vollmacht“) to an appointment to extend your “Duldung“. You should get a doctor’s attestation, that says that you are too sick to go to the appointment yourself. You can also send the attestation after the appointment.
– Only because you have a “Duldung” it does not mean that you have no options anymore. Often there are a lot of things that you could still try! Therefore: Go to a consultation place or to a lawyer. If you are looking for a lawyer, be sure that he or her is specialized in immigration law (“Ausländerrecht” or “Asylrecht” or “Aufenthaltsrecht”).
– If the “Ausländerbehörde“ tells you to leave the country voluntarily (“Freiwillige Ausreise“) you can still say this sentence: ‘I will leave the country when all my remidies are exhausted.’ („Ich reise aus wenn alle rechtlichen Mittel ausgeschöpft sind.“) This way you sometimes manage to gain more time and it is more difficult to put you in detention.
– Get informed about what other people did in a similar situation. Try to ask around in your communities, social circle, friends, religious groups, fellow countrymen, etc.
– If your “Duldung“ expires or you have to get your “Duldung“ extended or you have to go to the “Ausländerbehörde“ for another reason, you can always take a friend or some other person as a support to sit with you in the appointment. This person is then called a “Beistand“ (supporter). Everyone has the right to be accompanied by a person of your choice to any authority („Behörde“). This is written in the law: § 14 (4) Verwaltungsverfahrensgesetz (VwVfG).
– You can ask in Café Exil Hamburg (you will find the address at the end of this text) for a “Beistand“ for an appointment in the “Ausländerbehörde“ as an example.
– A sanctuary or religious asylum (“Kirchenasyl“) could be a way for you and your family to be safe for a while and to plan further steps. Be aware that churches tend to support people who have a high chance of getting a legal status but are in danger of being deported before that happens. A religious asylum can be a good way to hold out, if you’re threatened by the Dublin Regulation. Make sure to seek for a consultation!
Can I Hide?
– People who hide from the police and the “Ausländerbehörde” are being searched and a search warrant will be issued for them. There are a lot of problems that can come along with such an illegalised life:
– You will not receive any money from the government.
– You will have no medical or other insurance. That means that medical treatments are only possible in emergencies in a lot of times.
– If you get controlled by the police on the street you will probably get arrested and deported.
– You can’t legally sign contracts, so it will be difficult to find work or a flat.
– There are people who bought a new identity card. The difficulties with that are that it is probably expensive, it is hard to find someone who sells it and there is no 100% chance that it will work.
– Some people have networks of friends and supporters who are helping them to live in hiding. (https://www.diakonie- hamburg.de/export/sites/default/.content/downloads/Fachbereiche/ME/Handreichu ng_Papierlose_3_2013.pdf) https://www.rote-hilfe.de/downloads/category/3-rechtshilfe-a-was-tun-wenns- brennt
https://nevermindthepapers.noblogs.org/files/2017/01/F4YR_C_final.pdf )
Things that can help you with staying in Germany:
– If you are threatened by a Dublin III process, there are special rules. If you have been in hiding for at least 18 months, you have the right to stay in Germany until your asylum process is finished.
Moving on:
Other people with rejected asylum requests in Germany went to other countries and requested asylum there. ATTENTION: A Dublin III procedure is possible and in countries that are part of the EU it is very likely (see point 1.2). So be sure to seek consultation before you make that step!
-It can help, if a lot of people know about your situation and support you. As an example, other people organised demonstrations, collected signatures with online petitions or talked to politicians and used facebook, twitter or other social networks to raise awareness and support for their situation.
– Some people married to get a “Bleiberecht” (right of residence). It is important that your partner already has a safe “Aufenthaltsstatus” (residence status), a “Niederlassungserlaubnis” (settlement permit) or a German passport. If you are the parent of an underage child with a German passport, it is also very likely that you will get a “Aufenthaltserlaubnis” (residence permit). As in the examples before, we suggest to go to a consultation place or to a lawyer.
Further information:
https://marryme.blackblogs.org/sample-page/
http://www.verband-binationaler.de/
– If you start an “Ausbildung” (apprenticeship), you have the right to an “Ausbildungsduldung“. This could later on help you to get a permanent residence. Seek consultation for the so called 3+2 regulation. (Tip: To increase your chances for apprenticeship applications, get a document from the “Ausländerbehörde” or your lawyer confirming that your “Duldung” will be extended to 3 years as soon as you have signed the contract.)
Further information: http://www.hamburg.de/yourchance/
– If you would like your neighbours or friends to inform your lawyer in case of your deportation – be prepared. Give the contact information of your lawyer to reliable and trusted persons so they can contact the lawyer if needed. You should also print a so called “Anwaltsvollmacht” (power of attorney) and give it to your lawyer. With that document the lawyer can help you quickly, even when you cannot contact him/her. This can be particularly useful when you are in “Abschiebehaft” (immigration detention).
– You can file an application for an “Asylfolgeantrag” (a new request for asylum) to buy time. This option works particularly if the application for your last “Asylantrag” (asylum request) has been a long time ago. Furthermore, it can make sense to file an application for an “Asylfolgeantrag”, if the situation in your home country has changed drastically. As an example if there is war in your home country now. Seek consultation from a lawyer for this matter!
5. (How) can you defend yourself and support others?
a) What can I do, if I am about to get deported:
– If you have strong indications, that you are about to get deported, do not stay at your home address. Maybe you can sleep at a friend’s place for a few nights?
– Sometimes the “Ausländerbehörde” tells people that they have to be in their room at the camp, between 20:00 in the evening and 06:00 in the morning and that they are not allowed to leave during that time. There are many lawyers who think that this regulation is illegal. You can take legal steps against that and try to get support with that at a consultation place or get a lawyer.
– If you live here with your family, you should know that underage children cannot be deported without their parents. If the children stay back in Germany, there must be at least one parent with them. Usually families are only separated in exceptions, e.g. deporting only the father while his children and the mother are staying back.
– You have the right to a lawyer during a deportation. You have the right to call your lawyer. Insist on that right. This right guarantees you a successful call, meaning that you actually speak with a person and not just with their answering machine. You can call until you have reached your lawyer.
– If there are obstacles to the deportation, say it! Some medical conditions can mean that you are not able to travel, thus you cannot be deported.
– If you get unconscious the police have to stop the deportation and to call an ambulance.
– Pregnant women can also not be deported after the 36. week of pregnancy. The week of the pregnancy is written in the “Mutterpass” (maternity card).
– The deportation also has to be stopped in case of a severe injury. Wounds have to be treated to avoid risks for the injured person.
– Try to inform other people about what is happening to you. Those people can be friends, neighbours, lawyers and so on. Everyone can file a “Petition” (petition) at the “Eingabenausschuss” (institute for petitions). This petition has to be processed, before the deportation can happen. https://www.hamburgische-buergerschaft.de/online-eingabe/
What happens if…
… I defend myself physically?
If you defend yourself physically, the police will try to take you (violently) by using force.
What can I do if I notice the deportation of someone else?
– Contact the family, friends, relatives and most importantly the lawyer for the person who is being deported. Chances are high that they don‘t have the chance to make a phone call at the moment or that they are to stressed to think about it.
– Write a “Petition” at the “Eingabenausschuss” (institute for petitions).
https://www.hamburgische-buergerschaft.de/online-eingabe/
Geschäftsstelle des Eingabenausschusses der Hamburgischen Bürgerschaft
Schmiedestraße 2
20095 Hamburg
Telefon: (040) 42831-1324 Telefax: (040) 42731-2274
If you need help with the “petition”, contact an independent consultation place. (addresses found below)
– Try to film what is happening with your phone or any other device. That is the only way to have evidence, if the rights of the person who is being deported are not respected.
d) What if I am already in the airplane?
– Be loud and make sure that other people notice your situation.
– Ask other passengers to support you.
– Do not sit down, do not fasten your seat belt and ask other passengers to do the same. The plane will not be able to start until all people have fasten their seat belt.
– If you are in a bad condition, for example if you become unconscious or you get injured, the airplane cannot start. Make sure to ask for a doctor if you can.
– Insist on speaking the pilot. Tell the pilot that you are not voluntarily on this plane.
– Ask to speak to a “Sozialberatung” (social counseling service) or a “Seelsorge” (pastoral care) if you want to. If the airport has such services, you are allowed to speak to them.
e) What if you have been deported?
– It is important to stay in touch with people in Germany. If some of the actions of the “Ausländerbehörde” and the police were illegal there is a chance that you can prove that. It is also possible to take judicial steps against an “Einreiseverbot” (re-entry prohibition) or to organize support.
Your rights during the deportation
A deportation consists of many steps and in a lot of them the person that is being deported, loses most of his or her former rights. Some of the rights you still have are:
– You will be stripped of your money and your mobile phone. You will receive them back in the airplane that will deport you.
– You can only make use of the right to a lawyer and a translation when in “Abschiebehaft” (immigration detention) and in front of court.
– If there is a “Sozialberatung” (social counseling service) or a “Seelsorge” (pastoral care) at the airport, you are allowed to speak them. They can also transfer information – ask for it.
– You are allowed to take the average amount of luggage with you that a passenger of an airplane carries. That is roughly a big bag or suitcase and a hand baggage per person.
– You have the right to “Körperliche Unversehrtheit” (physical integrity). That means that the deportation has to be stopped, if it can lead to you being heavily injured or killed. This can be the case if you are already injured or very sick.
6. Links/ Consultation centres in Hamburg region
General consultation
Café Exil: http://cafe-exil.antira.info/
Flüchtlingszentrum Hamburg: http://www.fz-hh.de/
Fluchtpunkt: http://www.fluchtpunkt-hh.de/scroll/aktuelles_neuigkeiten.php
Legal consultation
Refugee Law Clinic: https://www.jura.uni-hamburg.de/studium/studiengang-rechtswissenschaft/lehrveranstaltungen/law-clinics/refugee-law-clinic.html Öffentliche Rechtsauskunft: http://www.hamburg.de/oera/kontakt/
”Voluntary Return”: http://www.fz-hh.de/de/projekte/Rückkehrberatung.php
Café Exil (only Tuesdays!): http://cafe-exil.antira.info/
Support for people without papers (general)
Flyer “STOP DEPORTATION”: http://oplatz.net/stop-deportation/
Flyer against racist police controls/racial profiling:
https://nevermindthepapers.noblogs.org/files/2017/01/F4YR_A_final.pdf https://nevermindthepapers.noblogs.org/files/2017/01/F4YR_B_final.pdf https://nevermindthepapers.noblogs.org/files/2017/01/F4YR_C_final.pdf
Flyer “THESE ARE YOUR RIGHTS! Informationen and support places for people without valid residence papers in Hamburg”: https://www.diakonie-hamburg.de/export/sites/default/.content/downloads/Fachbereiche/ME/Handreichung_Papierlose_3_2013.pdf
Illegal in Germany – Support and answers: https://www.igfm.de/menschenrechte/hilfe-fuer-den-notfall/illegal-in-deutschland/
Medical consultancy
AnDOCKen – Medical and social practise for people without papers: https://www.diakonie-hamburg.de/de/visitenkarte/andocken/AnDOCken-Aerztliche-und-Soziale-Praxis-fuer-Menschen-ohne-Papiere-858160
Medibüro Hamburg: http://www.medibuero-hamburg.org/wiki/doku.php
Migrantenmedizin – Support for people without health insurance (in cooperation with doctors of the world): http://stadtmission-hamburg.de/westend-Treffpunkt- Migrantenmedizin.41.0.html
Poliklinik: http://poliklinik1.org
surgery without borders: http://praxisohnegrenzen-hh.de/?page_id=39
Church asylum / accommodation
Brot&Rosen: http://www.brot-und-rosen.de/ (Guest appartments for people in critical situations with their residence permit)
http://www.hamburgasyl.de/Gaeste.html
Refugee delegate of Nordkirche, church asylum: https://www.oemf-nordkirche.de/menschenrechte-flucht.html