National forms of protection
In Germany, national protection forms are available in addition to constitutional asylum, refugee status, and subsidiary protection. These national protection statuses primarily consist of national deportation bans under Sections 60 (5) and 60 (7) of the Residence Act (Aufenthaltsgesetz). A deportation ban is issued when it is determined that the individual cannot be returned to their country of origin due to specific risks. These risks may involve a violation of the European Convention on Human Rights (ECHR), including the prohibition of inhuman or degrading treatment (Article 3 ECHR), or a concrete danger to life, liberty, or health in the destination country.[1] If these conditions are met, the person is granted a residence permit for at least one year, which may be extended. After five years, provided the individual meets other criteria, such as securing their livelihood and having sufficient German language skills, a permanent settlement permit may be issued. In practice, national deportation bans are closely examined by the Federal Office for Migration and Refugees (BAMF) within the asylum process, although they can also be established by the immigration authorities, particularly in cases of internal obstacles to deportation, in which case they may issue a toleration (Duldung) under Section 60a.[2] In cases where the deportation ban is decided based on human rights or health risks (as opposed to internal obstacles such as the impossibility of the deportation), individuals receive a residence permit, which includes a specific right to work. However, there are also restrictions based on legal exclusion grounds, similar to those under subsidiary protection or refugee status: in case it is established the person comes under one of the legal exclusion grounds, this does not affect the legal determination of the deportation ban itself[3] and the person cannot be deported, but it will affect the “additional rights” (such as the right to work) which may not be granted. In comparison to the other protection statuses (constitutional asylum, refugee status, subsidiary protection), national deportation bans tend to address specific, often urgent humanitarian concerns that are not covered by the broader forms of international protection.[4]
In 2024, a total of 301,350 protection decisions were made, marking a 15.2% increase compared to the previous year’s 261,601 decisions.[5] The overall protection rate, which includes refugee status under the 1951 Refugee Convention, subsidiary protection under Section 4(1) of the Asylum Act, and deportation bans under Section 60(5) or (7) of the Residence Act, stood at 44.4%.[6] This corresponds to 133,710 positive decisions out of the total 301,350. Compared to the previous year, when the overall protection rate was 51.7%, this represents a decrease of 7.3 percentage points. Out of the 301,350 total protection decisions in 2024, 20,823 were deportation bans granted under Section 60(5) or (7) of the Residence Act.[7]
Under Section 60(5) or (7) of the Residence Act, individuals who are granted a deportation ban (Abschiebungsverbot) are protected from being returned to their country of origin, as the BAMF has determined that their return would violate their fundamental rights. In these cases, individuals are issued a residence permit, typically for an initial period of one year, which can be extended if the conditions for the ban continue to apply. However, the deportation ban does not apply if the individual is deemed capable of leaving for another country or if they have failed to fulfill their obligations during the process. Individuals who are granted a deportation ban (Abschiebungsverbot) are allowed to work in general.
The German residence law foresees the possibility for rejected asylum applicants to access national forms of protection under certain circumstances. If an asylum application is rejected, the authorities still assess whether any national protection measures apply, particularly through a review of potential national deportation bans under Sections 60(5) or (7) of the Residence Act. These bans can be issued if the applicant faces a risk of violating human rights or encountering serious harm in the country of return.
For applicants with a return decision that can be implemented, the national authorities will still assess whether a deportation ban is applicable before proceeding with their return. A “Duldung” is issued when a temporary suspension of the deportation is required in cases when the individual is required to leave Germany but their deportation is not possible for factual or legal reasons (see Section 60a of the Residence Act).[8] It is granted to individuals who do not have legal status in Germany, but whose deportation cannot be carried out for specific reasons. A Duldung is not a residence title and does not grant lawful residence in Germany; it only exempts the individual from criminal liability for staying illegally. People with a Duldung remain subject to the obligation to leave the country. The Duldung expires when the individual leaves the country and does not permit re-entry into Germany.[9]
Applicants do not need to apply separately for protection under Section 60(5) or (7) of the Residence Act. These provisions are automatically reviewed by the national authorities when they reject an asylum application or consider a return decision. In the asylum process, the Federal Office for Migration and Refugees (BAMF) assesses whether national deportation bans (Abschiebungsverbote) apply, especially if the applicant is at risk of human rights violations or serious harm in the country of return. This review occurs alongside the assessment of the asylum application, and if a national deportation ban is determined, the applicant is granted a residence permit, typically for one year, which may be extended if the conditions continue to apply.[10]
Rights
The rights attached to a deportation ban are more limited compared to those granted under international protection statuses such as refugee or subsidiary protection. Nevertheless, individuals under a deportation ban still enjoy some important rights.[11] They are protected from deportation to the country in question, and they are granted a residence permit for a year, which can be extended if the ban remains applicable. In rare cases, they may be eligible for a refugee passport, although this is not common.[12] Furthermore, they are subject to a residence requirement (Wohnsitzauflage), meaning they must stay in a specific location, but this condition can be lifted under certain circumstances.[13]
Additionally, individuals with a deportation ban have access to the labour market. Typically, a request for a work permit (based on a specific employment found by the person) is granted, and in this context, they may also apply for the removal of the residence requirement.[14] For asylum applicants, see Reception conditions – Access to the labour market.; for BIPs, see Content of international protection – Access to the labour market.
Access to employment for tolerated individuals (Geduldete), whose asylum applications have been rejected but who cannot be deported due to legal or practical obstacles, such as the lack of travel documents or ongoing armed conflict in their country of origin, varies. If they are required to live in a reception centre, they should be allowed to work after six months, unless deportation measures are imminent. Outside of reception centres, tolerated individuals should generally be granted access to employment after three months under the same condition. Nevertheless, work bans apply to those who are deemed to fail to meet their obligations to cooperate with departure (particularly by not presenting identification documents), to those from safe countries of origin, to individuals whose asylum claims were rejected as manifestly unfounded or inadmissible, and to those considered to have misrepresented their identity. Tolerated persons generally require a work permit, which must be granted by the local Foreigners’ Office (Ausländerbehörde). The Federal Employment Agency (Bundesagentur für Arbeit, BA) typically also has to approve the employment and checks whether the working conditions are comparable to those offered to German nationals, including in the case of temporary agency work. After 48 months of stay, BA approval is no longer necessary, although the work permit from the Foreigners’ Office is still required. In certain cases — such as employment in skilled professions or during vocational training — access to the labor market has been simplified and no longer requires BA approval. Furthermore, tolerated persons may obtain a legal pathway to stay through work or vocational training. Under certain conditions, they can receive a “Beschäftigungsduldung” (30-month tolerated stay for employment), an “Ausbildungsduldung” (tolerated stay for vocational training), or a residence permit specifically for vocational education and training.[15]
It is important to note that tolerated individuals (§ 1 of the Asylum Seekers Benefits Act, AsylbLG) are generally not subject to the Social Code (SGB) until they are granted a residence permit but instead fall under the provisions of the Asylum Seekers Benefits Act. However, after 36 months of uninterrupted residence, they are entitled to social welfare benefits, provided they have not extended their stay in bad faith, such as by concealing their identity. Although these individuals remain formally eligible for benefits under the Asylum Seekers Benefits Act until their recognition, their standard needs increase, and they may receive a health insurance card if they did not have one previously.[16]
If a tolerated person fails to comply with their obligation to clarify their identity and obtain a passport, they are granted a “toleration for persons with unclear identity” under Section 60b of the Residence Act (referred to as “Duldung-light”). This form of toleration can only be granted if deportation cannot take place due to deception regarding identity or nationality, false statements, or failure to obtain a passport, meaning it is based on the individual’s behavior. If deportation is impossible for other reasons, toleration under Section 60b of the Residence Act cannot be granted. The consequences of this type of toleration include the denial of a work permit (any existing work permit does not automatically expire but must be revoked through a separate administrative action), reduced benefits, and the toleration periods are not counted toward acquiring a residence permit under Sections 25a or 25b of the Residence Act.[17]
Lastly, individuals with a deportation ban do not have the right to family reunification.[18]
Return procedure
In Germany, the return procedure is closely linked to the asylum process. When an asylum application is rejected, the individual is generally required to leave the country, resulting in a return decision. If the asylum application is rejected, the person typically faces a deadline for voluntary departure — 30 days in case of a regular rejection and only one week if the rejection is due to the application being deemed “manifestly unfounded”.[19] In cases where voluntary departure does not occur within the designated time frame, the relevant foreign authorities are responsible for enforcing the return through forced deportation.[20] However, the authorities can temporarily suspend the return decision if obstacles to deportation are identified.[21] This can include granting a “Duldung” (toleration), a temporary suspension of deportation when legal or factual barriers prevent the return. There are also provisions for voluntary return, with both federal and state governments offering various programs to support returnees.[22]
The return decision and asylum rejection are two separate decisions, often issued simultaneously, which has a significant impact on the possibility of appealing the asylum rejection. If the asylum decision is not challenged within the designated time (e.g., through the submission of an appeal or an urgent request for a judicial review), and if the voluntary return period expires, the individual faces the risk of deportation. If the asylum application is rejected as “inadmissible” or “manifestly unfounded”, there is no automatic right to extend the departure deadline, and the person may be immediately subject to deportation measures.[23]
In terms of the appeal process, once a person receives a return decision, the opportunity to appeal the asylum rejection may still exist, depending on the circumstances. If the person has not filed an appeal within the required time frame or if no suspensive effect is granted for their appeal (see Regular procedure – Appeal), the return decision becomes enforceable, and deportation may proceed.[24] Legal challenges against the return decision can also be pursued, but these are separate from those against the asylum decisions and need to be made in a timely manner to halt deportation actions.[25]
Statistics
Between January and November 2024, a total of 18,384 individuals (this concerns all persons, not only former asylum applicants) were deported from Germany. This represents an increase of approximately 21% compared to the same period in the previous year. Among these deportations, 5,827 individuals were transferred to other European Union countries under the provisions of the Dublin III Regulation. The five most frequent third-country destinations for deported individuals during this period were: Georgia, with 1,650 persons deported, North Macedonia, with 1,274 persons, Albania, with 1,034 persons, Türkiye, with 993 persons, and Serbia, with 957 persons.[26]
During the same period, 9,180 individuals voluntarily left Germany under the REAG/GARP federal-state return assistance program. In total, approximately 25,100 individuals who were required to leave Germany departed voluntarily with a Grenzübertrittsbescheinigung (Border Crossing Certificate). This marks an increase of around 10% compared to the same period in the previous year.[27]
In February 2025, a new (non-government affiliated) website was launched with the goal of regularly publishing data and additional information on migration-related topics. Currently, the platform provides data on deportations from German federal states in 2024, with further datasets on other topics expected to become available soon.[28] According to its own statements, the website is a project by students of the master’s program Migration and Development at Sapienza University in Rome. The database aims to serve as a research resource for journalists, think tanks, and NGOs. The data on various topics is collected through Freedom of Information Act (IFG) requests submitted to the relevant authorities. In addition to visually processed information, the platform also provides access to the original requests and responses from the authorities. Furthermore, basic information on each topic is available in the form of FAQs. Regarding deportations, the website offers figures for all federal states except Bavaria and Lower Saxony.
The methods and circumstances of deportations from Germany in the first half of 2024 varied, with some individuals removed without escorts and others under the supervision of law enforcement authorities or security personnel from destination countries. In the first half of 2024, a total of 4,664 individuals were deported without any escort. In addition to these, several deportations took place under the supervision of law enforcement authorities, categorised as follows: 3,641 individuals were deported under escort by officers from the Federal Police, involving a total of 6,408 federal police officers. 94 individuals were deported under escort by officers from state police forces or other national authorities, with the involvement of 188 officers from these agencies. 896 individuals were deported under escort by security personnel from the destination countries. In the same period, a total of 1,725 minors were deported from Germany.[29]
In 2024, a total of 111,095 decisions issued by the Federal Office for Migration and Refugees were challenged in court, making for a litigation rate of 36.86 %.[30] (This represents an increase from 2023 (80,245 decisions contested in 2023, litigation rate of 30.7%) and 2022 (67,267 BAMF decisions were contested, with a litigation rate of 32.2%). When considering only rejected asylum applications, the litigation rate was consistently higher, although it has also declined in recent years. In 2023, 58.8% of rejected asylum decisions were appealed, compared to 64.1% in 2022, 57.2% in 2021, and 73.3% in 2020.[31] In 2024, the average duration of an appeal process was 16.7 months.[32]. As of 30 November 2024, 130,909 appeals against BAMF decisions were pending.[33]
Returns made impossible due to practical or political obstacles (see also above, National forms of protection)
Even when third-country nationals without a residence permit fail to comply with an order to leave Germany, their deportation may be postponed or suspended due to various practical or political obstacles. Such obstacles include deportation bans, moratoriums on returns, lack of cooperation from countries of origin or transit, or other humanitarian and legal barriers. The following are the most recent available figures on such cases, with no data yet published for 2024.
A deportation may be postponed, and a Duldung (temporary suspension of deportation) granted if state authorities issue a suspension order of the deportation measure for up to three months on humanitarian or international law grounds, if the individual is participating in a vocational training program, has a minor child with a valid residence permit, has close family ties to another individual with a Duldung, suffers from a severe medical condition certified by a doctor, or faces legal obstacles such as the absence of travel documents.[34]
As of December 31, 2023, rejected asylum seekers in Germany were granted Duldung for various reasons. The most common cause was the lack of travel documents, affecting 45,566 individuals, while unresolved identity issues accounted for 25,408 cases. Additionally, 20,740 individuals received Duldung due to family ties to other holders of Duldung. Humanitarian or personal reasons, such as completing education or caring for ill family members, led to 7,208 suspensions. A further 3,208 individuals were granted Duldung due to their participation in vocational training, while 1,230 had it on employment-based grounds. Deportation moratoriums applied to 3,480 individuals, and 2,537 cases involved medical reasons. Imminent deportation procedures accounted for 5,603 Duldungen, and 6,031 individuals were awaiting decisions on follow-up asylum applications. Additionally, 4,114 unaccompanied minors and 65,087 individuals for various other reasons received Duldung.[35]
In 2023, approximately 30,300 deportations failed before the individuals could be transferred to the Federal Police, with most failures resulting from last-minute cancellations of flights. Around 1,000 deportations failed after individuals had been handed over to the police. Resistance from individuals facing deportation caused 295 failures, representing about one percent of unsuccessful attempts, while medical reasons accounted for 77 cases. Additionally, airlines or pilots refused to transport individuals in 230 cases.[36]
To address obstacles to deportation, the German government has signed several readmission agreements, including with Balkan countries, Algeria, and Morocco. The European Union has reached a cooperation agreement with Afghanistan to facilitate returns. However, no such agreements currently exist with countries such as Pakistan, Iran, or Nigeria, which remains a significant barrier to returns.[37]
[1] See details at Informationsverbund Asyl und Migration, ‚Nationale Abschiebungsverbote‘, updated as of January 2023, available in German here.
[2] BAMF, ‘National ban on deportation’ 28 November 2018, available here.
[3] Informationsverbund Asyl und Migration, ‚Nationale Abschiebungsverbote‘, updated as of January 2023, available in German here.
[4] Ibid.
[5] BAMF, Akutelle Zahlen, December 2024, available in German here.
[6] BAMF, Akutelle Zahlen, December 2024, available in German here, 11.
[7] BAMF, Akutelle Zahlen, December 2024, available in German here, 11.
[8] Informationsverbund Migration und Asyl, ‘Duldung’, available in German here.
[9] Informationsverbund Migration und Asyl, ‘Duldung’, available in German here.
[10] BAMF, ‚Nationales Abschiebungsverbot‘, available in German here
[11] Refugees Welcome Duesseldorf, ‚Welche Formen der Anerkennung gibt es für Flüchtlinge?‘, available in German here.
[12] Ibid.
[13] Fluechtlingsrat Thueringen, Wohnsitzauflage, 5/2020, available in German here.
[14] Fluechtlingsrat Thueringen, Wohnsitzauflage, 5/2020, available in German here.
[15] All the information from this paragraph comes from: Ministry for Labour and Social Affairs, ‘Arbeitsmarktzugang für Geflüchtete’, available in German here.
[16] Informationsverbund Asyl und Migration, ‘Asylsuchende, geduldete und ausreisepflichtige Personen’, available in German here.
[17] Informationsverbund Migration und Asyl, ‘Duldung’, available in German here.
[18] Refugees Welcome Duesseldorf, ‚Welche Formen der Anerkennung gibt es für Flüchtlinge?‘, available in German here.
[19] The legal basis is § 34 Asylum Law and § 34a Asylum Law.
[20] Informationsverbund Migration und Asyl, ‘Abschiebung’, available in German here.
[21] Ibid.
[22] BAMF, ‘Aufenthaltsbeendigung’, 14 November 2019, available in German here.
[23] Informationsverbund Migration und Asyl, ‚Abschiebung‘, available in German here.
[24] BAMF, ‘Aufenthaltsbeendigung’, 14 November 2019, available in German here.
[25] Informationsverbund Migration und Asyl, ‚Abschiebung‘, available in German here.
[26] Mediendienst Integration, ‚Abschiebungen und “freiwillige Ausreisen”‘, available in German here.
[27] Mediendienst Integration, ‚Abschiebungen und “freiwillige Ausreisen”‘, available in German here.
[28] Migration in Zahlen, available in German here.
[29] Federal Government Reply by the Federal Government to the small request by Clara Bünger, Dr. André Hahn, Gökay Akbulut, other MPs and the Die Linke group, 20/12385, 22 August 2024, available in German here, 2..
[30] Federal Government, Response to parliamentary question by The Left, 20/14923, 21 March 2025, available in German here, 37.
[31] Bundeszentrale für Politische Bildung, ‚Asylentscheidungen und Klagen‘, 10 January 2025, available in German here.
[32] Federal Government, Response to parliamentary question by The Left, 20/15083, 3 March 2025, available in German here, 17.
[33] Ibid, 18.
[34] Mediendienst Integration, ‚Warum werden ausreisepflichtige Personen nicht abgeschoben?‘, available in German here.
[35] Federal Government, Response of the Federal Government to the minor interpellation by Clara Bünger, Anke Domscheit-Berg, Nicole Gohlke, other MPs and the Left Party group, 20/10576, April 18, 2024, available in German here, 44.
[36] Federal Government, Reply by the Federal Government to the minor interpellation by Clara Bünger, Anke Domscheit-Berg, Nicole Gohlke, other MPs and the Die Linke group, 20/11087, Deportations and departures in 2023 and the first quarter of 2024, 16 May 2024, available in German here, 22.
[37] Mediendienst Integration, ‚Warum werden ausreisepflichtige Personen nicht abgeschoben?‘, available in German here.