Deprivation of Liberty Under the Family Law Procedure Act; Filing a Petition

Important cases of application include detention pending deportation under the Residence Act (AufenthG) and so-called compulsory isolation under the Infection Protection Act (IfSG).

Under Section 62 of the Residence Act (AufenthG), a foreign national must be detained by court order in preparation for deportation if a decision on their deportation cannot be made immediately and if deportation would be significantly impeded or prevented without such detention. Under certain conditions, detention by court order is also possible to ensure the deportation of a foreign national who is required to leave the country.

Under Section 30 of the Infection Protection Act (IfSG), the competent district administrative authority must order that persons suffering from certain dangerous infectious diseases (e.g., pneumonic plague) be immediately isolated in a hospital or a facility suitable for treating such diseases (quarantine). In the case of other patients (e.g., those with COVID-19), persons suspected of having a disease, persons suspected of being infectious, and carriers, an order may be issued requiring them to be isolated in a suitable hospital or in another appropriate manner. If the person concerned fails to comply with this order, they must be forcibly isolated by placement in a secure hospital or another suitable secure facility pursuant to a court order.

Decisions regarding deprivation of liberty under the Residence Act (AufenthG) and the Infection Protection Act (IfSG) are made by the competent court in accordance with the procedural provisions of Book Seven of the Act on Proceedings in Family Matters and in Matters of Non-contentious Jurisdiction (Sections 415 et seq. FamFG). The court does not act on its own initiative but only upon application by the competent administrative authority.