{"id":5233,"date":"2025-11-29T14:11:46","date_gmt":"2025-11-29T14:11:46","guid":{"rendered":"https:\/\/www.mth-partner.de\/?p=5233"},"modified":"2025-11-30T10:36:59","modified_gmt":"2025-11-30T10:36:59","slug":"auslaenderrecht-ermessen-beim-einreise-und-aufenthaltsverbot-nach-11-abs-1-abs-2-und-abs-7-aufenthg-bei-nachtraeglich-geaenderten-umstaenden","status":"publish","type":"post","link":"https:\/\/www.mth-partner.de\/en\/immigration-law-discretion-in-entry-and-residence-bans-under-11-abs-1-abs-2-and-abs-7-aufenthg-in-cases-of-subsequent-changes-in-circumstances\/","title":{"rendered":"Immigration Law: Discretion in Entry and Residence Bans under \u00a7 11 Abs. 1, Abs. 2, and Abs. 7 AufenthG in Cases of Subsequent Changes in Circumstances"},"content":{"rendered":"

<\/span>Legal basis and significance of the entry and residence ban<\/span><\/h2>\n

After \u00a7 Section 11 (1) Residence Act (AufenthG)<\/strong> a foreigner who has been expelled, returned or deported from Germany, neither re-enter the federal territory nor stay here<\/strong>. He may also - even if he would actually have a legal claim - be entitled to no new residence permit issued<\/strong> can be used. This is referred to as a Entry and Residence Ban<\/strong>. This ban is intended to prevent people whose residence has been terminated from returning immediately or obtaining a new residence permit. It is effective across the border<\/strong>, by also preventing the issuing of visas by embassies for as long as the ban is in force.<\/p>\n

It is important to know that such a ban always limited in time<\/strong> must be granted. The length of the period is stated in the notification and usually begins on the day of departure. Maximum periods are specified by law: In standard cases, the ban is usually maximum five years<\/strong>. In the case of serious criminal offences or particular threats to public safety, it can be up to ten years<\/strong> last. Only in extremely exceptional cases - for example in the event of an acute threat to internal security (e.g. suspected terrorism) - can a ban be imposed. unlimited<\/strong> be issued. In principle, however, the entry and residence ban is not intended to lifelong banishment<\/strong> be, but serve the purpose of Enforce legal obligation to leave the country<\/strong> and the persons concerned voluntary departure<\/strong> to move.<\/p>\n

<\/span>Entry bans after a rejected asylum application - BAMF's discretionary powers<\/span><\/h2>\n

In certain constellations, it is already possible while<\/em> an entry and residence ban may be ordered in the course of an asylum procedure. \u00a7 Section 11 (7) sentence 1 AufenthG<\/strong> grants the Federal Office for Migration and Refugees (BAMF)<\/em> the authority to impose an entry and residence ban on a foreign national, if his or her asylum application was rejected as \u201emanifestly unfounded<\/strong>. Further requirements are that none<\/strong> subsidiary protection was granted, No prohibition of deportation<\/strong> were determined in accordance with Section 60 (5) or (7) AufenthG, and that No residence status<\/strong> (e.g. through another procedure). In short: This regulation is aimed in particular at asylum seekers from so-called safe countries of origin<\/strong> or to cases of obvious abuse of the asylum system. Here, the BAMF should - in addition to rejecting the asylum application - have the option of issuing a Return and re-entry ban<\/strong> to pronounce.<\/p>\n

The important thing is: The BAMF has discretionary powers here.<\/strong> This means that it is not obliged<\/em>, to impose an entry ban in every such case, but it can<\/strong> depending on the circumstances of the individual case. This Discretionary scope<\/strong> is granted by law in order to give the authorities the opportunity to react appropriately on an individual basis. For example, the BAMF can take into account whether the person concerned has special reasons or circumstances that speak against a long ban - or, conversely, whether there are reasons that require a strict approach.<\/p>\n

Note for the practice:<\/strong> If an asylum application is rejected as manifestly unfounded (often the case for asylum seekers from safe countries of origin), the BAMF often simultaneously issues the Threat of deportation<\/strong> with a short departure period and<\/strong> orders a temporary ban on entry and residence. The period of this ban begins when the person concerned leaves the country. The BAMF often differentiates between the two: If the person leaves voluntarily within the set period<\/strong>, a shorter period is set (e.g. 6 or 12 months). Must she be forcibly deported<\/strong>, the authorities usually set a significantly longer deadline (often 30 or 36 months). This is intended to create an incentive to leave the country voluntarily.<\/p>\n

<\/span>Judicial control: Appeals and legal action against entry bans<\/span><\/h2>\n

Those affected can appeal against the order of an entry and residence ban by Proceed legally<\/strong> - initially with Contradiction<\/strong> (if provided for in the federal state) and then with Action before the administrative court<\/strong>. The legality of the block is reviewed in court proceedings. However, it is important to understand that the court will review the Discretionary decision<\/strong> the authority Check only to a limited extent<\/strong> may. The administrative judges do not replace the authority's discretion with their own (\u201ecourt has no own discretion<\/strong>\u201c); they merely control, whether the authority has exercised its discretion correctly<\/strong>.<\/p>\n

The legal jargon here recognises various Errors of judgement<\/strong>:<\/p>\n