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Dear wefugees team. It’s been very confusing on all over internet especially that online lawyers like Migrando etc they are keep saying in their video that 25 abs 3 Abschiebungsverbot Mann kann in Heimatland reisen. I asked multiple times Auslanderbehorde but never ever they email back or answer. I don’t know how else someone can be so sure? Please help if you can. Thanks.
asked Sep 25 in Legal advice by Kevinreed00131 | 275 views

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Dear @Kevinreed00131

I have seen some of that online information and advise you to be careful as regards which information you trust, especially when you come across such sweepings claims like ‘it is no problem to travel to your home country with 25,3’. From the information I have seen, there is no legal basis or reliable sources provided for such claims.

A person with 25,3 can choose to travel to their home country but this may have negative consequences for their residency status in Germany. The law on asylum in Germany is called the Asylgesetz. In paragraph 8, section 1c it states that the police and border security are obliged to inform BAMF if they become aware of someone with 25,3 who has travelled to their home country.

Here via online translation:

(1c) the authorities responsible for the police control of cross-border traffic, the immigration authorities and the German diplomatic missions abroad shall inform the authorities responsible for the implementation of this Act if they become aware of the following circumstances that a foreigner who has applied for asylum, a person entitled to asylum or a foreigner who has been granted international protection within the meaning of Section 1 (1) No. 2 or for whom a prohibition of deportation pursuant to Section 60 (5) or (7) of the Residence Act has been established, has traveled to his/her country of origin (Section 3 (1) No. 2). The personal data transmitted in accordance with sentence 1 may only be processed for the purpose of examining whether the conditions for discontinuing the asylum procedure or rejecting an asylum application in accordance with Section 33 (1) and (3) or for revoking or withdrawing the entitlement to asylum, international protection or the determination of a prohibition of deportation in accordance with Section 60 (5) or (7) of the Residence Act are met.

What happens after the information is given to BAMF depends on various circumstances. Neither I nor others providing information about this online can you such a clear yes/no answer as is provided elsewhere. However, I can give you a couple of general examples:

  • If a person travels home briefly to visit a seriously ill family member or attend their funeral, then this is not generally seen as a reason to revoke their status.
  • If a person regularly travels back and forth to their home country for an extended period of time, is engaged in doing business there, getting medical treatment there, then the authorities can judge the person to no longer require a status in Germany.

Your Ausländerbehörde cannot confirm that there will be no problem if you travel or provide you with some sort of permission in advance. If you travel and BAMF are informed, then the situation as a whole will be examined. A person’s status is not revoked immediately by travelling; there is a lengthy process where the circumstances are examined.

Best,

Éanna

answered Sep 26 by mbeon-Éanna
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