Skip to navigation

Skip to main content

 

Foreigners Act - O. Reermann

Foreigners Act

Section 8
5. he constitutes a threat to the free and democratic basic order or the security of the Federal Republic of Germany, participates in acts of violence while pursuing political aims, publicly calls for the use of violence, threatens the use of violence, or when there is evidence that he is a member or supporter of an association which supports international terrorism.

Section 41
(3) Even if the conditions specified in paragraphs 1 and 2 are not present, the measures necessary to ascertain his identity may be taken
1. if the foreigner attempts to enter or has entered the country using a forged or falsified passport or passport substitute,
2. if there is other reason to suspect that the foreigner is again seeking to enter federal territory without permission after being refused entry or after his residence has been terminated,
3. if the foreigner is being refused entry in or returned to a safe third country referred to in Section 26a para 2 of the Asylum Procedure Act,
4. if grounds for refusal pursuant to Section 8 para 1 (5) have been established,
5. when citizens of countries to which returns are problematic apply for a visa for a stay of longer than three months, and in cases as specified in Section 64a para 4.

Section 46
1. in proceedings according to this Act or in order to acquire a uniform Schengen visa according to the Convention Implementing the Schengen Agreement provides false information in order to acquire a residence permit or temporary suspension of deportation, or despite legal obligation does not co-operate with measures carried out by the authorities responsible for enforcing this law at home and abroad; expulsion on this basis shall be permitted only if the foreigner was explicitly informed of the legal consequences of providing false or misleading information prior to questioning.

Section 47
4. may not be issued a residence permit due to the existence of grounds for refusal according to Section 8 para 1 (5) or
5. in questioning intended to address concerns regarding entry or further residence, withholds information from German missions abroad or foreigners authorities about previous stays in Germany or other countries or provides them with false or incomplete information about connections to persons or organizations suspected of supporting international terrorism. Expulsion on this basis shall be permitted only if the foreigner was explicitly informed prior to questioning of the security-related purpose of such questioning and the legal consequences of providing false or misleading information.

Section 51
(3) 1Paragraph 1 shall not apply if there are serious reasons for considering the foreigner a threat to the security of the Federal Republic of Germany or when he constitutes a public danger, because he has been sentenced to imprisonment for at least three years for committing a crime or serious offence. 2The same is true when there are serious reasons for considering that the foreigner has committed a serious crime against peace, a war crime, or a crime against humanity as defined in the international instruments drawn up to make provision in respect of such crimes, or that he has committed a serious non-political crime outside the Federal Republic of Germany prior to his admission to that country as a refugee, or has been guilty of acts contrary to the purposes and principles of the United Nations.

Section 64a Additional obligations to consult in the process of issuing visas and residence permits
(1) 1Data collected by German missions abroad concerning persons applying for a visa and persons listed as having extended an invitation to them may be transmitted to the Federal Intelligence Service, the Federal Office for the Protection of the Constitution, the Military Counterintelligence Service, the Federal Office of Criminal Police and the Customs Criminological Office for the purpose of determining possible grounds for refusal pursuant to Section 8 para 1 (5). 2The procedure pursuant to Section 21 of the Act on the Central Aliens Register shall remain unaffected.

(2) Prior to issuing or renewing other residence permits, foreigners authorities may transmit personal data from their records concerning affected persons to the Federal Intelligence Service, the Military Counterintelligence Service and the Customs Criminological Office, as well as the Land Office for the Protection of the Constitution and the Land Office of Criminal Police, for the purpose of determining possible grounds for refusal pursuant to Section 8 para 1 (5).

(3) 1The security authorities and intelligence services named in paragraphs 1 and 2 shall immediately inform the agency submitting the request for information if any grounds for refusal pursuant to Section 8 para 1 (5) exist. 2They may retain and utilize the data submitted with the request if doing so is necessary to carry out their legally assigned tasks. 3Regulations governing data transmission under other laws shall remain unaffected.

(4) The Federal Ministry of the Interior, in agreement with the Federal Foreign Office and taking into account the current security environment, shall determine, by means of a general administrative regulation, in which cases the authority granted in paragraph 1 shall be used with regard to citizens of particular countries and members of otherwise defined groups.

Act on the Central Aliens Register
Section 29 Contents
(1) The following data shall be kept on file:
1. the reference code of the registration authority (visa file number),
2. the German mission abroad; in case of application for an exceptional visa, the authority entrusted with policing cross-border traffic,
3. basic and additional personal information,
4. a photograph,
5. the date of data transmission,
6. whether the application was approved or rejected,
7. the date of approval/rejection and the date the applicant was notified of the decision,
8. visa type, number and expiration date,
9. in case of visa issuance, the date of the declaration of commitment pursuant to Section 84 para 1, Section 82 para 2 of the Foreigners Act and the office where it is on file,
10. if the visa applicant has presented forged or falsified documents, a description of the forged or falsified documents presented (type and number of document, information contained in the document regarding issuer, date issued, expiration date).
(2) For reasons of internal security, in addition to the data listed in paragraph 1, passport type, number and issuing country shall be kept on file in the case of visa applications from citizens of certain countries which may be determined by the Federal Ministry of the Interior in agreement with the Federal Foreign Ministry.
(3) (repealed)

Section 30 Transmitting agencies
(1) German missions abroad, authorities entrusted with policing cross-border traffic and foreigners authorities shall be obligated to transmit data pursuant to Section 29 para 1 (2 to 10) and para 2 to the registration authorities.