Citation

Wollenweber HM. Gesundheitswesen 2003; 65(12): 709-712.

Copyright

(Copyright © 2003, Georg Thieme Verlag)

DOI

10.1055/s-2003-812672

PMID

14685922

Abstract

The question as to whether a foreign national is (un)able to travel or not is often in the foreground of the decision-making process concerning a possible termination of their stay in the Federal Republic of Germany. Authorities responsible for aliens and administrative courts often require accredited medical reports to be able to decide whether inability to travel is actually the case. There are no clear legal criteria with regard to the definition of this term and an explicit provision by law is also missing. In cases where the decision has been made against inability to travel (i.e. a person is said to be able to travel), there may be considerable risks for the person concerned. Where the decision has been made in favour of inability to travel (i.e. the person is said to be unable to travel), a protective system based on the Aliens' Act takes effect. This article gives an overview of the legal consequences arising from a determined inability to travel; the legal difficulties with regard to the definition of this term; and the requirements to be made concerning clarity of a prognosis regarding possible risks. The pertinent legislation as well as opinions expressed in expert literature are presented.

Language: de

Keywords

Emigration and Immigration; Germany; Government Regulation; Humans; Medical Records; Risk Factors; Suicide Prevention; Travel