Deprivation of liberty under the Family Law Procedure Act; application

Important cases of application are detention pending deportation in accordance with the Residence Act (AufenthG) and compulsory isolation in accordance with the Infection Protection Act (IfSG).

According to Section 62 of the Residence Act, a foreigner must be detained by court order in preparation for deportation if a decision on their deportation cannot be made immediately and their deportation would be significantly impeded or prevented if they were not detained. If certain conditions are met, detention by court order is also possible to secure the deportation of a foreigner who is obliged to leave the country.

According to § 30 IfSG, the competent district administrative authority must order that persons suffering from certain dangerous infectious diseases (e.g. pneumonic plague) are immediately isolated in a hospital or a facility suitable for these diseases (quarantine). In the case of other (e.g. Covid-19) patients, suspected cases of illness, suspected cases of infection and excretors, they may be ordered to be isolated in a suitable hospital or in another suitable manner. If the person concerned does not comply with this order, they shall be forcibly segregated by placement in a locked hospital or other suitable locked facility by court order

The competent court shall decide on the deprivation of liberty under the Residence Act and the IfSG in accordance with the procedural provisions of the Seventh Book 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 at the request of the competent administrative authority.