Deportation is the governmental enforcement of an obligation to leave the country. A person can be deported, if he or she is obliged to leave the country, the granted period for departure has expired and voluntary fulfilment is not assured.
However, a deportation is not legal into a country where the life or freedom is threatened because of race, religion, gender or political conviction nor in states where he is threatened by torture or death penalty. Even if the formal expulsion is ordered, suspense of deportation (Duldung) can or has to be granted in these cases.
If the deportation is de facto possible and legal, the Foreigners Authority has the right to apply for a warrant and detain the person to ensure the deportation.
Our licensed specialist (Fachanwalt) in Immigration Law is Sven Hasse.