DEPORTATION:

What to do?

With the new "Ausländergesetz" being into force since January 1, 1991, imigrants without a secure resistance permit are increasingly exposed to the danger of deportation.
So far, de-facto-refugees of certain states have not been deported because of an existing decree of protection ("Schutzerlaß") in North-Rhine-Westfalia. This decree has been restricted to the following 5 ethnic groups and, at the same time, limited in time (until June 30, 1991 for the time being):

    Citizens of Afghanistan, the Iran and Libanon, as weIl as Tamiles of Sri Lanka and East Europeans (under certain conditions).
All those whose application for asylum has been refused and who do not belong to the above 5 groups should assert impediments of deportation according to § 53 of the "Ausländergesetz". Such impediments ("Abschiebungshindernisse") are: If one of these reasons is recognized, the claimant will be granted a toleration ("Duldung"), issued for 6 months in general, with the possibility of prolongation.

All persons having a toleration can apply for a residence 1icence ("Aufenthaltsbefugnis"). As a rule, this licence is issued for 2 years, it represents a legal status in the Federal Republic of Germany and is the basis tor all further residents permits.
§ 30, sections 2 and 3 provide for the "Aufenthaltsbefugnis" in case of urgent humanitarian reasons and in case the deportation implies an extraordinary hardship for the person involved. It is therefore recommended to make use of this paragraph.

Both the "Duldung" as well as the "Aufenthaltsbefugnis"must be applied at the competent authority ("Ausländerbehörde") and be substantiated individually in each case. Since both licences are regulations that are subject to the interpretation of the "Ausländerbehörde" in question, legal advice should be sought for, either at the following organization providing advice in this matter, or with a lawyer:

    Allerweltshaus
    Körnerstr. 77-79
    50823 Köln
    Tel. 0221 / 5 10 30 44