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.
The decision on the length of the period of the entry and residence ban is at the discretion of the competent authority, in this case the Federal Office, pursuant to section 11 (3) sentence 1 of the Residence Act. When determining the period of validity of the entry and residence ban, the Federal Office must, on the one hand, appropriately balance its weight aimed at enforcing the priority of voluntary departure over deportation and, on the other hand, the interest of the person concerned in a perspective of return to the federal territory that is worthy of protection. If the foreigner does not present any circumstances that are favourable to him or her and that are suitable to increase the weight of his or her interest in return worthy of protection, and if such circumstances are not otherwise recognisable for the competent authority, then in a situation in which no special features are apparent that increase the public interest in keeping away that is shaped by the law of averting danger, there is no objection to regularly limiting the entry and residence ban for deportation purposes to a period of 30 months.
