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The yardstick for the assessment of national protection against deportation pursuant to Section 60 (5) of the Residence Act in conjunction with Article 3 of the European Convention on Human Rights (ECHR) is basically whether the foreigner Article 3 of the European Convention on Human Rights is whether the foreigner who is subject to an enforceable obligation to leave the country will be able to meet his or her most basic needs for a foreseeable period of time after his or her return, if necessary by means of return assistance granted to him or her. On the other hand, it is not decisive whether a foreigner's subsistence level is ensured in his country of origin on a sustainable or even permanent basis. This was decided by the Federal Administrative Court in Leipzig on April 21, 2022. Read more ...

In its ruling of 7 September 2021, the Federal Administrative Court has established important principles on the limitation of the entry and residence ban issued under the condition precedent of his deportation (Ref.: 1 C 46.20). The decision deals in particular with the question of which integration achievements are to be taken into account within the framework of the discretionary decision and, if applicable, lead to the illegality of the entry and residence ban imposed by the Federal Office for a period of 30 months. Read more ...

According to a recent press release, the 1st Senate of the Federal Administrative Court ruled on 7 September 2021 (BVerwG 1 C 46.20) that, when assessing the duration of a deportation-related entry and residence ban, only the successful completion of qualified vocational training in Germany by the foreigner during the asylum proceedings is to be taken into account in order to shorten the time limit, not the commencement of such training. At the same time, the Federal Administrative Court has clarified that the practice of imposing a 30-month entry and residence ban by the Federal Office is not subject to any legal objections, provided that the foreigner does not present any special circumstances that are to be taken into account in the discretionary determination of the time limit. Read more ...