Deportation Order Overturned: How Family Ties Prevent Removal from Germany
The Administrative Court of Chemnitz overturned the deportation order and the entry and residence ban against our client. The decisive factor was Section 34(1) of the German Asylum Act (AsylG): the family ties to his partner and their six-month-old son preclude deportation.
1. The Case
Our client, a Venezuelan national, applied for asylum in Germany in 2023. The Federal Office for Migration and Refugees (BAMF) rejected the application in full: no refugee status, no subsidiary protection, no deportation ban. It ordered his deportation to Venezuela and imposed an entry and residence ban.
What the BAMF failed to consider: our client lives in a committed partnership with a Cuban national who holds a residence permit under Section 28(1)(1)(1) of the Residence Act (AufenthG). Their son was born in September 2025. His partner has another child from a previous relationship who holds German citizenship.
2. The Legal Issue
Section 34(1) of the Asylum Act provides that a deportation order may only be issued if the foreigner is not recognised as entitled to asylum and has no right to remain. However, the provision also requires that the order be issued "taking into account" all circumstances. The court must examine whether family ties constitute an obstacle to deportation.
The critical difficulty: this examination does not happen automatically. The administrative court only reviews family ties in the context of a deportation order when the lawyer raises them substantively. Without legal counsel invoking Section 34(1) AsylG, the deportation order stands – even when the family situation is obvious.
3. The Court's Decision
The Administrative Court of Chemnitz followed our arguments. Separating a father from his six-month-old son for more than ten months – the minimum period until the earliest possible re-entry – is incompatible with the child's welfare. An infant is in a critical bonding phase. The father's absence over such a period can cause irreversible attachment damage.
Additionally, the sibling bond matters: the couple's son and the partner's older child – a German citizen – are growing up together as siblings. Deporting the father would also destroy this family structure.
4. What This Means for Those Affected
This case illustrates a pattern we have observed for years: the BAMF issues deportation orders without adequately examining family ties. The courts correct this – but only when the family situation is presented substantively by counsel. Those without a lawyer who knows and pursues this line of argument lose their case despite having family in Germany.
At KAP Kanzlei Leipzig, we have handled these cases for years. We have actively contributed to developing the case law on Section 34(1) AsylG in Saxony. If you or someone you know is in a similar situation: seek legal advice. Early. Before the deadlines expire.
5. Contact
KAP Kanzlei Leipzig – Immigration Law. Phone: +49 163 6666171. E-Mail: info@kap-kanzlei.de. Web: kap-kanzlei.de
