Higher Administrative Court of Lower Saxony, September 25, 2014, Case No. 8 LC 163/13
According to § 66 Abs. 1 of the Residence Act (AufenthG), a foreign national is required to cover the costs associated with enforcement of a spatial restriction, refusal, deportation, or removal.
This regulation is particularly applied when a foreign national attempts to re-enter Germany after deportation. Generally, authorities will try to ensure that deportation costs are settled before allowing the foreign national to re-enter.
The question arises whether foreign nationals who were minors at the time of their initial entry and/or deportation can be held liable for their deportation costs.
This could be opposed in particular by § 1629a BGB, the limitation of the liability of minors.
In this context, § 1629a of the Civil Code (BGB), which limits the liability of minors, might be relevant. This provision, introduced by the Act to Limit the Liability of Minors on August 25, 1998 (BGBl I 1998, 2847), restricts liability for debts incurred by parents in their legal representative capacity to the assets of the child available upon reaching adulthood.
The purpose of this law is to enable minors to start their adulthood without debts.
In the case mentioned above, the Higher Administrative Court of Lower Saxony had to decide whether a Serbian national, who was nine years old when she first entered Germany and sixteen years old when she was deported, could be required to pay the costs of deportation.
Introduction and Background
The plaintiff, a Serbian national, entered Germany in 1995 at the age of nine with her family and applied for asylum. After her asylum procedure was unsuccessful, she was deported to Serbia in 2002 at the age of sixteen. In 2012, she returned to Germany, married a German citizen, and obtained a residence permit for family reasons. In June 2012, the Lower Saxony State Reception Authority demanded payment of the deportation costs amounting to approximately 600 euros.
Lawsuit before the Administrative Court of Oldenburg
The plaintiff filed a lawsuit against the cost notice with the Administrative Court of Oldenburg. She argued that she was a minor at the time of entry and had no control over the entry or subsequent deportation. The Administrative Court of Oldenburg dismissed the lawsuit, stating that § 66 Abs. 1 AufenthG requires a foreign national to bear the costs of their deportation, and this obligation does not depend on the individual’s age at the time of deportation. The court also found that the minor’s liability under § 1629a BGB was not applicable.
Appeal before the Higher Administrative Court of Lower Saxony
On appeal, the Higher Administrative Court of Lower Saxony also rejected the plaintiff’s appeal. It based its decision on §§ 66 Abs. 1, 67 Abs. 1 and 3 AufenthG. According to § 66 Abs. 1 AufenthG, the foreign national is responsible for deportation costs. The plaintiff was deported on December 11, 2002, which established her liability for the costs.
Application of § 1629a BGB and Minor’s Liability
The court found that § 1629a Abs. 1 BGB, which aims to protect minors from liabilities they did not incur themselves, does not apply in this case. Although § 1629a BGB limits the liability of an adult for debts incurred during minority to the assets available at adulthood, this regulation does not apply directly to public law obligations but rather in an analogous manner.
Plaintiff’s Legal Capacity and Responsibility
The court acknowledged that non-compliance with the obligation to leave the country constitutes an „other action“ under § 1629a BGB. However, this action was not undertaken by the plaintiff’s parents but by the plaintiff herself. At the time of deportation, she was sixteen and thus fully capable of acting according to § 80 Abs. 1 AufenthG. Consequently, the responsibility for deportation costs fell on the plaintiff rather than her parents. The protection under § 1629a BGB does not extend to consequences resulting from the minor’s own actions.
Special Circumstances and Court Decision
The court noted that the limitation of liability under § 1629a BGB might apply if the parents had prevented the minor’s voluntary departure through their authority. However, such circumstances were not present in this case. Thus, the plaintiff remains responsible for the deportation costs.
Conclusion: Minor Liable for Deportation Costs
The Higher Administrative Court of Lower Saxony confirmed the Administrative Court of Oldenburg’s decision and rejected the plaintiff’s appeal. The plaintiff is therefore required to pay the deportation costs, as the minor’s liability under § 1629a BGB does not apply in this case. The ruling clarifies that the obligation to cover deportation costs remains even if the individual was a minor at the time of deportation and is directly responsible for their own actions.
Source: Higher Administrative Court of Lower Saxony
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