Part 1. Grounds establishing the obligation to leave the federal territory. Chapter 5. Termination of stay – Residence Act (Germany)

Act on the Residence, Economic Activity and Integration of Foreigners in the Federal Territory (Germany)

Chapter 5
Termination of stay

Part 1
Grounds establishing the obligation to leave the federal territory

Section 50
Obligation to leave the federal territory

(1) Foreigners are required to leave the federal territory if they do not or no longer possess the necessary residence title and no right of residence exists or no longer exists under the EEC/Turkey Association Agreement.

(2) Such foreigners must leave the federal territory without delay or, if a period has been allowed for departure, by the end of this period.

(2a) (repealed)

(3) Foreigners meet the requirement to leave the federal territory by entering another member state of the European Union or another Schengen state only if they are permitted to enter and stay there. If this is the case, a foreigner who is required to leave the federal territory is to be ordered to proceed to the territory of that state without delay.

(4) A foreigner who is required to leave the federal territory and who intends to move to another address or to leave the district covered by the foreigners authority for more than three days is required to notify the foreigners authority accordingly beforehand.

(5) As a general rule, the passport or passport substitute of a foreigner who is required to leave the federal territory is to be taken into custody until the foreigner’s departure.

(6) For the purpose of terminating a foreigner’s stay, the police may use their search tools for wanted persons to find and apprehend the foreigner, if his or her whereabouts are unknown. If a foreigner is subject to a ban on entry and residence pursuant to section 11, an alert may be issued for the purpose of refusing entry and, if the foreigner is found in the federal territory, of apprehending him or her. Section 66 of the Asylum Act applies accordingly to foreigners who have been allocated in accordance with section 15a.

Section 51
Termination of lawful residence; continued validity of restrictions

(1) The residence title expires in the following cases:

1. when its period of validity expires,

2. if an invalidating condition occurs,

3. if the residence title is withdrawn,

4. if the residence title is revoked,

5. when the foreigner is expelled,

5a. when a deportation order pursuant to section 58a is announced,

6. if the foreigner leaves the federal territory for a reason which is not temporary in nature,

7. if the foreigner leaves the federal territory and does not re-enter the federal territory within six months or within a longer period set by the foreigners authority,

8. if a foreigner files an application for asylum after a residence title pursuant to sections 22, 23 or 25 (3) to (5) has been granted;

a visa issued for multiple entries or valid for more than 90 days does not expire pursuant to no. 6 or 7.

(1a) The validity of an ICT Card issued in accordance with section 19 does not expire pursuant to subsection (1) nos. 6 and 7, if the foreigner makes use of the possibility provided in Directive 2014/66/EU to carry out part of the intra-corporate transfer in another member state of the European Union. The validity of a temporary residence permit issued in accordance with section 16b or 18d does not expire pursuant to subsection (1) nos. 6 and 7, if the foreigner makes use of the possibility envisaged in Directive 2016/801/EU to carry out part of the studies or research project in another member state of the European Union.

(2) The permanent settlement permit of a foreigner who has lawfully resided in the federal territory for at least 15 years, and the permanent settlement permit of his or her cohabiting spouse do not expire pursuant to subsection (1) nos. 6 and 7 if their subsistence is secure and there is no public interest in expelling the foreigner pursuant to section 54 (1) nos. 2 to 5 or (2) nos. 5 to 7. The permanent settlement permit of a foreigner cohabiting with a German spouse does not expire pursuant to subsection (1) nos. 6 and 7 if there is no public interest in expelling the foreigner pursuant to section 54 (1) nos. 2 to 5 or (2) nos. 5 to 7. On request, the foreigners authority at the place of the foreigner’s last habitual residence issues a certificate confirming the continued validity of the permanent settlement permit.

(3) The residence title does not expire pursuant to subsection (1) no. 7 if the specified period is exceeded solely because of compulsory military service in the foreigner’s native country and the foreigner re-enters the federal territory within three months of discharge from said military service.

(4) As a rule, a longer period is granted in accordance with subsection (1) no. 7 if the foreigner intends to leave the federal territory for reasons of a temporary nature and possesses a permanent settlement permit, or if the stay outside of the federal territory serves the interests of the Federal Republic of Germany. In derogation from subsection (1) nos. 6 and 7, a foreigner’s residence title does not expire if the foreigner meets the requirements of section 37 (1) sentence 1 no. 1, if the foreigner was unlawfully forced into marriage by means of violence or threat of serious harm and was prevented from returning to Germany, and re-enters the federal territory no more than three months after the coercive situation ended and no later than 10 years after leaving the federal territory.

(5) The exemption from the requirement to have a residence title does not apply if the foreigner is expelled, removed or deported; section 11 (2) to (5) applies accordingly.

(6) Geographic and other restrictions and conditions under this Act and other acts remain in force after the residence title expires or deportation is suspended until they are lifted or the foreigner meets the obligation to leave the federal territory.

(7) If a person entitled to asylum or a foreigner whom the Federal Office for Migration and Refugees has incontestably granted refugee status leaves the federal territory, the residence title does not expire as long as the person concerned possesses a valid travel document for refugees issued by a German authority. The foreigner is not entitled to the renewed issuance of a residence title on the basis of recognition as a person entitled to asylum or by virtue of having been incontestably granted refugee status by the Federal Office for Migration and Refugees if he or she has left the federal territory and the authority to issue a travel document for refugees has passed to another state.

(8) Before a temporary residence permit pursuant to section 38a (1) is suspended, before a foreigner who holds such a temporary residence permit is expelled and before a deportation order is issued pursuant to section 58a, the competent authority in the proceedings pursuant to section 91c (2) gives, through the Federal Office for Migration and Refugees, the member state of the European Union in which the foreigner has the legal status of a long-term resident an opportunity to submit an opinion, if deportation to an area in which this legal status cannot be acquired is under consideration. If the opinion of the other member state is received in sufficient time, it will be taken into consideration by the competent authority.

(8a) Insofar as the authorities of other Schengen states must be notified of decisions in accordance with Article 34 of Regulation (EC) No 810/2009 taken by the foreigners authorities, notification will be via the Federal Office for Migration and Refugees. The authorities charged with policing cross-border traffic will notify the authorities of other Schengen states immediately of their decisions in accordance with Article 34 of Regulation (EC) No 810/2009.

(9) The EU long-term residence permit expires only if

1. revoked on account of fraudulent misrepresentation, threats or bribery,

2. the foreigner is expelled or is issued with a deportation order under section 58a,

3. the foreigner resides for 12 consecutive months outside of the area in which the legal status of a long-term resident can be acquired; this period is 24 consecutive months for a foreigner who previously possessed an EU Blue Card and for his or her dependants who previously possessed a temporary residence permit pursuant to sections 30, 32, 33 or 36.

4. the foreigner remains outside of the federal territory for six years or

5. the foreigner acquires the legal status of a long-term resident in another member state of the European Union.

Subsections (2) to (4) apply accordingly to the cases referred to in sentence 1 nos. 3 and 4.

(10) In derogation from subsection (1) no. 7, the period for the EU Blue Card and the temporary residence permits pursuant to sections 30, 32, 33 or 36 issued to dependants of EU Blue Card holders is 12 months. The same applies to the permanent settlement permit of a foreigner who has resided lawfully in the federal territory for at least 15 years and to the permanent settlement permit of a spouse cohabiting with the foreigner if they are 60 years of age or older.

Section 52
Revocation

(1) Except in the cases covered by subsections (2) to (6), a foreigner’s residence title pursuant to section 4 (1) sentence 2 no. 1 second alternative nos. 2, 2a, 2b, 2c, 3 and 4 may only be revoked if

1. the foreigner no longer possesses a valid passport or passport substitute,

2. the foreigner changes or loses his or her nationality,

3. the foreigner has not yet entered the federal territory,

4. the foreigner’s recognition as a person entitled to asylum or his or her status as a refugee or as a person entitled to subsidiary protection lapses or becomes null and void, or

5. the foreigners authority establishes, after granting a temporary residence permit pursuant to section 25 (3) sentence 1, that

a) the conditions of section 60 (5) or (7) are not or no longer met,

b) the foreigner fulfils one of the grounds for exclusion given in section 25 (3) sentence 2 nos. 1 to 4, or,

c) in the cases covered by section 42 sentence 1 of the Asylum Act, the decision is revoked or becomes null and void.

In the cases covered by sentence 1 nos. 4 and 5, the residence title of dependants living together with the foreigner as a family unit may also be revoked if these dependants have no independent entitlement to the residence title.

(2) A national visa, a temporary residence permit or an EU Blue Card granted for the purpose of employment are to be revoked if the Federal Employment Agency revokes its approval of employment pursuant to section 41. In the case of sentence 1, a national visa or a temporary residence permit not granted for the purpose of employment is to be revoked to the extent to which they permit employment.

(2a) An ICT Card issued pursuant to section 19, a Mobile ICT Card issued pursuant to section 19b or a residence title allowing the subsequent immigration of dependants joining holders of an ICT Card or a Mobile ICT Card may be revoked if the foreigner

1. no longer meets the conditions for being granted such a card or title, or

2. has violated the provisions of another member state of the European Union on the mobility of intra-corporate transferees in the scope of Directive 2014/66/EU.

If the ICT Card or the Mobile ICT card is revoked, the residence title granted to the dependant is to be revoked at the same time, unless the dependant has an independent entitlement to a residence title.

(3) A temporary residence permit issued for study purposes under section 16b (1), (5) or (7) may be revoked if

1. the foreigner pursues an economic activity without the necessary permit,

2. the foreigner fails to make adequate progress with his or her studies, taking into account the average length of the course of study at the higher education institution concerned and the foreigner’s individual situation, or

3. the foreigner no longer meets the conditions for being granted a temporary residence permit under section 16b (1), (5) or (7).

The educational institution may be consulted to verify the conditions stipulated in sentence 1 no. 2.

(4) A temporary residence permit issued under section 18d or 18f may be revoked if

1. the research organisation with which the foreigner has concluded a hosting agreement loses its recognised status, where the foreigner has been involved in an action which has led to the loss of such status,

2. the foreigner no longer conducts research or is no longer permitted to conduct research at the research organisation, or

3. the foreigner no longer meets the conditions for being granted a temporary residence permit under section 18d or 18f or allowing a hosting agreement to be concluded with him or her.

(4a) A temporary residence permit issued under section 16e or 19e may be revoked if the foreigner no longer meets the conditions for being granted a temporary residence permit.

(5) As a general rule, a temporary residence permit pursuant to section 25 (4a) sentence 1 or (4b) sentence 1 is to be revoked if

1. the foreigner was not or is no longer prepared to testify in the criminal proceedings,

2. the public prosecutor’s office or the criminal court considers the information provided by the foreigner referred to in section 25 (4a) sentence 2 no. 1 or (4b) sentence 2 no.1 to be in all reasonable probability false or

3. the foreigner no longer meets the conditions for being granted a residence title under section 25 (4a) or (4b) on account of other circumstances.

As a general rule, a temporary residence permit pursuant to section 25 (4a) sentence 1 is to be revoked also if the foreigner has voluntarily re-established contact with the persons referred to in section 25 (4a) sentence 2 no. 2.

(6) As a general rule, a temporary residence permit pursuant to section 38a is to be revoked if the foreigner loses his or her legal status as a long-term resident in another member state of the European Union.

(7) (repealed)

Section 53
Expulsion

(1) Foreigners whose stay endangers public safety and order, the free democratic basic order or other significant interests of the Federal Republic of Germany will be expelled if, after weighing the interest in their departure against their individual interest in remaining in the federal territory, taking into account all the circumstances of the particular case, there is an overriding public interest in the foreigners’ departure.

(2) When weighing the interests referred to in subsection (1) and taking into account the circumstances of the individual case, consideration is to be given in particular to the length of the foreigner’s stay, his or her personal, economic and other ties in the federal territory and in the country of origin or in another state prepared to receive the foreigner, the consequences of expulsion for the foreigner’s dependants and civil partner, and whether the foreigner has abided by the law.

(3) Foreigners who possess a right of residence under the EEC/Turkey Association Agreement or an EU long-term residence permit may be expelled only if the personal conduct of the person concerned currently represents a serious threat to public safety and order which affects a fundamental interest of society, and expulsion is essential to protect that interest.

(3a) A foreigner who is recognised as a person entitled to asylum, who has the legal status of a refugee in the federal territory or possesses a travel document issued by an authority of the Federal Republic of Germany under the Convention of 28 July 1951 relating to the Status of Refugees (Federal Law Gazette 1953 II, p. 559), may be expelled only if there are serious grounds for regarding the foreigner as a threat to the security of the Federal Republic of Germany, as a terrorist threat or as a threat to the general public because he or she has been incontestably sentenced to a prison term for a serious crime.

(3b) A foreigner who has the legal status of a person entitled to subsidiary protection as defined in section 4 (1) of the Asylum Act may be expelled only if he or she has committed a serious crime or represents a threat to the general public or to the security of the Federal Republic of Germany.

(4) A foreigner who has filed an application for asylum may be expelled only on the condition that the asylum procedure has been concluded by incontestable decision without granting the foreigner recognition as a person entitled to asylum or without recognising his or her entitlement to international protection (section 1 (1) no. 2 of the Asylum Act). The condition will be waived if

1. there are facts justifying expulsion under subsection (3) or

2. a deportation warning issued in accordance with the Asylum Act has become enforceable.

Section 54
Interest in expulsion

(1) The public interest in expelling the foreigner (Ausweisungsinteresse) within the meaning of section 53 (1) is especially serious where the foreigner

1. has been incontestably sentenced to a prison term or a term of youth custody of at least two years for one or more intentionally committed offences, or preventive detention has been ordered in connection with the most recent incontestable conviction,

1a. has been incontestably sentenced to a prison term or a term of youth custody of at least one year for one or more intentionally committed offences

a) against life,

b) against physical integrity,

c) against sexual self-determination as referred to in sections 174, 176 to 178, 181a, 184b, 184d and 184e, each in conjunction with section 184b of the Criminal Code,

d) against property, insofar as the law provides for an increased minimum sentence or the offences were committed as a series, or

e) for resisting or attacking law enforcement officers,

1b. has been incontestably sentenced to a prison term or a term of youth custody of at least one year for one or more offences as referred to in section 263 of the Criminal Code to the detriment of a social welfare institution or social insurance institution pursuant to the Social Code or pursuant to the Narcotics Act (Gesetz über den Verkehr mit Betäubungsmitteln),

2. threatens the free democratic basic order or the security of the Federal Republic of Germany; this is assumed to be the case where there is reason to believe that the foreigner is or has been a member of an organisation which supports terrorism, or the foreigner supports or has supported such an organisation, or is, as referred to in section 89a (2) of the Criminal Code, preparing or has prepared a serious violent offence endangering the state as described in section 89a (1) of the Criminal Code, unless the foreigner recognisably and credibly distances himself or herself from the activity which threatens the state,

3. was one of the leaders of an organisation which was incontestably banned because its purpose or its activity contravenes criminal law or is directed against the constitutional order or the concept of international understanding,

4. is involved in violent activities in the pursuit of political or religious objectives or calls publicly for the use of violence or threatens the use of violence, or

5. incites others to hatred against segments of the population; this is assumed to be the case where the foreigner exerts a targeted and lasting influence on other persons in order to incite or increase hatred against members of certain ethnic groups or religions, or he or she publicly, in a meeting or by disseminating writings in a manner which is suited to disturbing public safety and law and order,

a) incites others to undertake arbitrary measures against segments of the population,

b) maliciously disparages segments of the population, thereby attacking the human dignity of others, or

c) endorses or promotes crimes against peace, against humanity, war crimes or acts of terrorism of comparable severity,

unless the foreigner recognisably and credibly distances himself or herself from these actions.

(2) The public interest in expelling the foreigner within the meaning of section 53 (1) is serious where the foreigner

1. has been incontestably sentenced to a prison term of at least six months for one or more intentionally committed offences,

2. has been incontestably sentenced to youth custody for at least one year for one or more intentionally committed offences, and enforcement of the penalty has not been suspended on probation,

3. has committed or attempted to commit, as a perpetrator or participant, the offence under section 29 (1) sentence 1 no. 1 of the Narcotics Act,

4. uses heroin, cocaine or a comparably dangerous narcotic drug and is not prepared to undergo the necessary treatment for rehabilitation, or evades such treatment,

5. prevents another person from participating in life in the Federal Republic of Germany on an economic, cultural or social level by reprehensible means, in particular through the use or threat of violence,

6. forces or attempts to force another person into marriage, or repeatedly commits acts which violate section 11 (2) sentences 1 and 2 of the Civil Status Act (Personenstandsgesetz) and constitute a serious violation of this provision; such acts constitute a serious violation if they involve a person under the age of 16,

7. fails, in the course of an interview to clarify reservations against entry or continued residence, to inform the German diplomatic mission abroad or the foreigners authority of previous stays in Germany or other states, or intentionally furnishes no, false or incomplete information on key points regarding links to persons or organisations suspected of supporting terrorism or threatening the free democratic basic order or security of the Federal Republic of Germany; expulsion on this basis is permitted only if the foreigner is expressly informed before the interview of the security-related purpose of the interview and the legal consequences of refusing to furnish information or of furnishing false or incomplete information,

8. in the course of an administrative procedure conducted by the authorities of a Schengen state, in Germany or abroad,

a) has furnished false or incomplete information in order to obtain a German residence title, a Schengen visa, an airport transit visa, a passport substitute, eligibility for exemption from the passport requirement or the suspension of deportation or,

b) despite a legal obligation, has failed to cooperate in measures taken by the authorities responsible for implementing this Act or the Convention Implementing the Schengen Agreement, provided that the foreigner was informed beforehand of the legal consequences of such action or

9. has committed a more than isolated or minor breach of legal provisions, court rulings or orders, or has committed an offence outside of the federal territory which is to be regarded in the federal territory as an intentionally committed serious offence.

Section 55
Interest in remaining

(1) The individual interest in remaining in the federal territory (Bleibeinteresse) within the meaning of section 53 (1) is particularly serious where the foreigner

1. possesses a permanent settlement permit and has lawfully resided in the federal territory for at least five years,

2. possesses a temporary residence permit and was born in the federal territory or entered the federal territory as a minor and has lawfully resided in the federal territory for at least five years,

3. possesses a temporary residence permit, has lawfully resided in the federal territory for at least five years and cohabits with a foreigner as described in nos. 1 and 2 as a spouse or in a registered civil partnership,

4. cohabits with a German dependant or civil partner in a family unit or a registered civil partnership, exercises rights of care and custody for a minor, unmarried German or exercises a right of access to that minor,

5. possesses a temporary residence permit pursuant to section 23 (4), sections 24, 25 (4a) sentence 3, or pursuant to section 29 (2) or (4).

(2) The individual interest in remaining within the meaning of section 53 (1) is serious in particular where

1. the foreigner is a minor and possesses a temporary residence permit,

2. the foreigner possesses a temporary residence permit and has resided in the federal territory for at least five years,

3. the foreigner exercises rights of care and custody for an unmarried minor residing lawfully in the federal territory or exercises a right of access to that minor,

4. the foreigner is a minor whose parents or parent having rights of care and custody reside or resides lawfully in the federal territory,

5. consideration is to be given to the interests or the well-being of a child or

6. the foreigner possesses a temporary residence permit pursuant to section 25 (4a) sentence 1.

(3) Residence on the basis of section 81 (3) sentence 1 and (4) sentence 1 will be considered lawful residence within the meaning of subsections (1) and (2) only if the application for issuing or extending the residence title was granted.

Section 56
Monitoring for internal security reasons foreigners required to leave the federal territory

(1) A foreigner subject to an expulsion order on the ground of a public interest in expelling the foreigner pursuant to section 54 (1) nos. 2 to 5 or a deportation order pursuant to section 58a is obliged to report at least once a week to the police station which is responsible for the foreigner’s place of residence, unless the foreigners authority stipulates otherwise. An obligation to report to the police in line with sentence 1 may be imposed if the foreigner

1. is enforceably required to leave the federal territory and there is a public interest in expelling the foreigner as referred to in sentence 1, or

2. is enforceably required to leave the federal territory for reasons other than the interests in expulsion referred to in sentence 1, and if the order to report to the police is necessary to avert a threat to public safety and order.

(2) The foreigner’s residence is to be restricted to the district of the foreigners authority concerned, unless the foreigners authority stipulates otherwise.

(3) The foreigner may be required to move to a different place of residence or to certain accommodations outside the district of the foreigners authority concerned, if this appears advisable

1. to hinder or prevent the activities which led to the expulsion order and to facilitate monitoring of compliance with requirements and obligations under the law governing organisations and associations or other law, or

2. to prevent the repetition of serious crimes which have led to an expulsion order pursuant to section 54 (1) no. 1.

(4) In order to hinder or prevent activities which have led to an expulsion order pursuant to section 54 (1) nos. 2 to 5, to an order pursuant to subsection 1 sentence 2 no. 1 or to a deportation order pursuant to section 58a, the foreigner may also be obliged to refrain from contacting specific persons or persons in a specific group, to refrain from keeping company with them, from employing them, training or housing them and to refrain from using certain means of communication or communication services, insofar as means of communication remain at the foreigner’s disposal and the restrictions are necessary to prevent a serious threat to internal security or to the life and limb of others. To prevent the repetition of serious crimes which have led to an expulsion order pursuant to section 54 (1) no. 1, restrictions as referred to in sentence 1 may be ordered insofar as these are necessary to prevent a serious threat to internal security or to the life and limb of others.

(5) The obligations pursuant to subsections (1) to (4) are suspended if the foreigner is in custody. An order pursuant to subsections (3) and (4) is immediately enforceable.

Section 56a
Electronic location monitoring; authorisation to issue statutory instruments

(1) To prevent a serious threat to internal security or to the life and limb of others, foreigners who are subject to geographic restrictions pursuant to section 56 (2) and (3) or to contact bans pursuant to section 56 (4) may be required, by a judicial order,

1. to carry the technical devices necessary to permanently monitor their location at all times, keep the devices ready for service, and

2. not to interfere with their ability to function.

(2) This order is to be issued for no longer than three months. It may be extended by no more than three months at a time, if the prerequisites continue to exist. If the prerequisites for the order cease to exist, the measure is to be stopped immediately.

(3) The foreigners authority collects and stores, with the help of the technical devices the foreigner carries and in an automated manner, data on

1. the foreigner’s location and

2. any interference with the collecting of data.

As far as technically possible, it is to be ensured that no location data are collected in the foreigner’s home which go beyond the fact that the foreigner is present or not. The Land governments may determine by a statutory instrument that a body other than the foreigners authority collects and stores the data referred to in sentence 1. The authorisation in sentence 3 may be transferred, by a statutory instrument, from the Land governments to the supreme Land authorities responsible for enforcing this Act.

(4) Without the consent of the person concerned, the data may only be processed to the extent necessary to

1. establish violations of geographic restrictions pursuant to section 56 (2) and (3) or of contact bans pursuant to section 56 (4),

2. prosecute an administrative offence pursuant to section 98 (3) no. 5a or a criminal offence pursuant to section 95 (1) no. 6a,

3. establish violations of an enforceable court order pursuant to subsection (1) and to prosecute a criminal offence pursuant to section 95 (2) no. 1a,

4. prevent a current serious threat to the life, limb or liberty of a third person,

5. prosecute serious crimes against the life and limb of a third person or crimes as referred to in sections 89a or 129a of the Criminal Code, or

6. maintain the functionality of the technical devices.

(5) To comply with the purpose limitation pursuant to subsection (4), data are to be processed in an automated manner and are to be protected against unauthorised disclosure without prejudice to Articles 24, 25 and 32 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1; L 314, 22.11.2016, p. 72; L 127, 23.5.2018, p. 2) as amended. The data stored pursuant to subsection (3) sentence 1 are to be deleted no later than two months after their collection, insofar as they are not used for the purposes stated in subsection (4). Any retrieval of data is to be logged. The log data are to be deleted after 12 months. If location data are collected in the home of the person concerned which go beyond the fact that the person is present or not, they may not be processed and are to be deleted immediately after having been noted. The fact that they were taken note of and deleted is to be documented. This record may be used only for the purpose of data protection monitoring. It is to be deleted when the data protection monitoring is completed.

(6) To carry out the measure in subsection (1), the competent authority within the meaning of subsection (3) is to

1. receive and assess incoming system alerts concerning violations as defined in subsection (4) no. 1,

2. transmit data on the location of the person concerned to the competent authorities, insofar as this is necessary to enforce measures pursuant to subsection (4) no. 1,

3. transmit data on the location of the person concerned to the competent administrative fine authority to prosecute administrative offences pursuant to section 98 (3) no. 5a, or to the competent law enforcement authority to prosecute offences pursuant to section 95 (1) no. 6a or (2) no. 1a,

4. transmit data on the location of the person concerned to the competent police authority insofar as this is necessary to avert a current serious threat within the meaning of subsection (4) no. 4,

5. transmit data on the location of the person concerned to the competent police or law enforcement authorities if necessary to prevent or prosecute a criminal offence referred to in subsection (4) no. 5,

6. find out the cause of an alert; to this end, the competent body may contact and question the person concerned, make him or her aware of the violation and inform him or her how to stop it,

7. initiate an inspection of the technical devices kept by the person concerned as to whether they are working or have been tampered with, and the measures to address any functional impairments, in particular the exchange of technical devices or parts thereof,

8. respond to enquiries by the person concerned regarding the handling of the technical devices.

(7) The application for ordering a measure pursuant to subsection (1) must state

1. the person against whom the measure is directed, including name and address,

2. type, scope and duration of the measure,

3. information as to whether the person against whom the measure is directed is subject to a geographic restriction pursuant to section 56 (2) and (3) or a contact ban pursuant to section 56 (4),

4. the facts of the case, and

5. the reasons for the measure.

(8) The order is to be issued in writing. It must include

1. the person against whom the measure is directed, including name and address,

2. type, scope and duration of the measure, and

3. the main reasons for the measure.

(9) The local court in whose district the competent authority within the meaning of subsection (3) is located is responsible for judicial orders pursuant to subsection (1). The provisions of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction apply to the procedure accordingly.

(10) Section 56 (5) sentence 1 applies accordingly.

Table of contents (Residence Act)

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