Prior to 2013, and our current period of 'migration-turbulence'....it's safe to say that deportation rarely ever came up as a regional or national topic in Germany. A great portion of those who wanted the German visa....applied in their home-country, passing the paperwork drill, and they at least had a statistically high average of staying. Since 2013, and with the new method of just showing up and letting the German authorities know that you are already in the country.....has led onto the problem of deportation.
Who grants visas or deportation paperwork? BAMF, the Federal Office for Migration and Refugees, based out of Nuremberg. Note....this is a federal agency within the German government. They receive the paperwork, note priorities given to them by the Bundestag figures, and assign eventually a pass-fail situation to the paperwork.
Who actually deports you? Curiously, the state authorities (remember, there are 16 German states).
Generally, with a failed visa application....most everyone immediately goes to the German system (regionally) with an appeal. They will receive help to funnel a request to delay the deportation, and attempt to get their case heard. Virtually every single appeal is processed and heard by a regional/state judge. Statistics occasionally come up and somewhere in the 10-to-15 percent range of folks with appeals....win. That means the bulk.....fail on appeal.
The chief argument that comes up next? Even with a deportation order....the pro-asylum folks will then suggest that the country that the deportee is supposed to return to.....is too dangerous (either in civil war or just regular war). This argument typically does work for Syria and Iraq to some degree, but their rate of acceptance is rather high for visa applications (usually over 95-percent). Afghanistan? Well....that's different.
This came up today in the news....our regional public TV folks.....HR....did a report on what was to be a deportation out of Frankfurt, via our local airport.
The deportation authorities had fourteen individuals set for yesterday's deportation effort.....all to be flown back to Afghanistan. A pro-asylum group was opening criticizing the effort....wanting to delay the deportation.
The primary backers of the pro-asylum group? The Green Party of Hessen.
Under the criticism of this effort.....the chief issue.....is it safe in Afghanistan? Most folks would tend to say no. Between bombings, continued thug-behavior, and radical Islam....on the safe scale of one to ten....it probably only gets a 'three'.
But if some guy (it's mostly all guys who end up in this process.....you rarely have women who apply for asylum/immigration).....has failed the process, what exactly do you want to do with him? In this case, the pro-asylum folks can't really answer that question. There in....lies this enormous pit of public discontent.
Nationally, polls will tell you that Germans are fed up with this long line of failed visa applicants....still remaining in Germany.....a year, even two years....after they've failed the visa and the appeal.
Naturally, these Germans would like to hold someone responsible (like some minister in Berlin, or the Chancellor herself). But they aren't in charge of the deportation efforts. So they try to find the state authority in charge.....but that's always a mystery as to who runs the program and why the deportation effort is lagging. State by state, things are hindered in various ways.
Some attempt came up in early 2018....to have a national program of deportation, and a couple of deportation centers where you'd stack up the potential deportees to hold until their flight is arranged. This effort to plan this and get coalition acceptance (by the SPD) ran into various issues. Some parts of this have been implemented....some were pushed back.
Logically speaking, if you failed the visa process and the dangers of your home-country exist....what can be done? This is where people sit and talk for hours without any real end-point. If the guy had applied from his home-country in the first place and been fully reviewed while in the home-country....the odds are that the bulk of applicants would fail the visa application, and still be in their home-country....thus not creating this deportation episode. It's best not to suggest that, because it really irritates the pro-asylum folks.
A mess? Yes. And politically, it drains enthusiasm for various political parties. They can't fix this, or resolve it....to make the average voter happy.
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