Ausreisepflichtiger

Ausreisepflichtiger is a term used in German-speaking immigration law to designate a foreign national who is legally obligated to leave the country by a specified deadline. The obligation, derived from the concept of Ausreisepflicht, arises when there is no valid basis for continued stay, for example after a denied asylum application, a refused residence permit, or when a residence title has expired and no lawful grounds for renewal exist.

The designation is issued by the competent authorities, such as immigration offices or courts, through an Ausreiseverpflichtung or related enforcement notice. It is an administrative measure, not a criminal penalty. If the person leaves voluntarily within the deadline, the matter is typically closed. If departure does not occur, enforcement actions may follow, potentially including detention for removal, deportation (Abschiebung), and possible penalties or bans on re-entry for a defined period.

In practice, Ausreisepflicht often affects asylum seekers or migrants who have exhausted their legal grounds for staying. It may be accompanied by options for humanitarian exemptions, medical considerations, or legal remedies such as appeals or subsidiary protection claims, depending on national law. The status can interact with temporary toleration regimes (e.g., Duldung in some jurisdictions) or with ongoing legal proceedings, but does not by itself grant a right to remain.

The concept and procedures vary by country, reflecting differences in asylum and residence laws in Germany, Austria, Switzerland, and other German-speaking states.