Asylum in Germany
In this article from the Aryan community news agency, we intend to reflect all the issues related to asylum in Germany. All the information that we share with you below is collected from the official website of the United Nations High Commissioner for Refugees.
Forms of support
Every person who receives protection is allowed to live in Germany after the end of the asylum process. According to various laws, a person can be given the right to receive support. These forms of support have different backgrounds and have related rights. If you apply for asylum in Germany, the federal administration will check in a prescribed manner, whether you will receive any form of protection. This decision is made based on the reasons why you cannot return to your country.
Refugee definition based on the Geneva Refugee Convention
A refugee is a person who resides outside his country because he is threatened there by a serious violation of human rights, a violation related to his race, religion, nationality, political opinion, or belonging to a particular social group. It’s tied. So an asylum seeker is persecuted because of his beliefs or identity and therefore cannot live in his home country. Since the person in question is not protected against threats in his own country, he needs protection in another country. The difference between a refugee based on the Geneva Asylum Convention and a refugee according to the German constitution is not great. Both forms of protection are based on different legal rules. Refugee protection is based on the 1951 Geneva Convention relating to the Status of Refugees and is similarly included in the 1967 Protocol; The protection of people who are political refugees is included in the German constitution. Basically, the reasons for recognition are similar. As stated in the German Refugee Law, in the Geneva Convention, the possibility of being recognized as a refugee is denied, if you have the opportunity to live safely in another region of your country of origin and you can be expected to live in that region. you can live If you are recognized as a refugee under the Geneva Convention, you have a legal right to a residence permit, which is initially issued for a period of three years. If the situation in your country does not improve within this period of time, your residence permit will be extended.
The right to asylum according to the constitution
The German constitution grants asylum to people who have been politically persecuted. Of course, this only applies if you have not entered Germany from a so-called safe third country. Safe third countries include all countries of the European Union, including Norway and Switzerland, thus all neighboring countries of Germany are considered safe third countries. As a result, according to the constitution, asylum will not be granted to people who come by land. Therefore, only a relatively small number of people get asylum according to Article 16 A of the Constitution.
If you entered the country by plane, you will be recognized as a refugee according to the German constitution, provided that you will face political persecution if you return to your country. As a rule, the possibility of political persecution is accepted when there is a risk to life and physical immunity, a risk of arrest or a violation of human dignity due to race, religion, nationality, political opinion or belonging to a specific political group. Basically, political persecution should be done by the country’s authorities. Persecution and harassment by another group is recognized only in cases where this group has pushed the country’s authorities aside or when the country’s authorities are unable to adequately protect their male and female citizens. In addition, prosecution must be carried out with a specific purpose and in a methodical manner against a person or group. If you suffer from the general consequences of a war or a natural disaster, there is no political prosecution involved. Also, the status of a refugee will not be granted according to the German constitution, if you can seek refuge in another region of your country of origin and thus avoid persecution, in such a way that it can be expected that you can live in that region.
If you are recognized as a refugee under the German constitution, you will be granted a residence permit, which allows you to stay in Germany for three years. If the living situation in your country of origin does not change during this period, your residence permit will be extended.
A person receives secondary protection, if he is not wanted for specific reasons, like the people who are considered refugees according to the German constitution or are refugees based on the Geneva Convention on Refugees, but nevertheless in his country due to severe violations of human rights in be exposed to the threat of serious injury. This applies in cases where a person is threatened with the death penalty, torture, inhuman and degrading treatment or punishment. In addition, serious harm is involved when the right to life and the right to physical immunity of a civilian are endangered due to an armed conflict. Therefore, secondary protection also applies to civilians, who face public danger in war; Of course, in Germany, this type of secondary protection remains in practice only when the risk of death through violence against civilians or the person suffering due to severe injury is very high. If you receive secondary protection, you will have the right to obtain a residence permit and in this case you will be allowed to stay in Germany for at least one year. If the living conditions in the country of origin do not improve within this period of time, your residence permit will be extended for another two years.
National immunity from deportation
If you are a refugee according to the German constitution, a refugee based on the Geneva Asylum Convention or entitled to secondary protection, the federal office will check in a final step whether you are allowed to be deported for other reasons. This applies, for example, to a case where you have a serious illness that cannot be treated in your country of origin. In this case, you will then receive a residence permit for one year; It is also possible to extend it. If you are physically unable to travel or do not have a passport, you will not be granted national immunity from deportation on this basis. In this case, the authorities of the foreigner’s office will only check whether you are allowed to stay in Germany temporarily.
Unaccompanied children and youth
In Germany, children and young people under the age of 18 have not yet reached the legal age and are not allowed to effectively perform many legal actions themselves. The youth department takes them under its protection, if they have entered the country without parents or legal guardians. If there is no place for them to live, a family that takes care of an adopted child will be found with relatives or a place in a residence that specializes in the care of young people and children who have not reached the legal age.
The youth court summons a legal guardian for unaccompanied children and youth. This person represents the child in legal matters. Unaccompanied children and youth are not allowed to apply for asylum alone. As long as they have not reached the legal age, only their legal guardian, the youth department, is allowed to apply for asylum. The legal guardian will accompany the child or youth to conduct a personal interview at the federal office.
If the unaccompanied child or youth is recognized as a refugee, he is allowed to bring his parents to Germany afterwards. Then, in this case, the family reunification process (internal link related to II. No. 1. Family reunification) should be implemented.
Introduction after arrival
As soon as you enter Germany, you must present yourself to a government office, for example to the police. There you have to explain that you want to apply for asylum. Then you will be sent to a shelter for asylum seekers nearby. There, in the first step, your needs will be met and a place will be found for you.
Asylum seekers usually do not have the possibility to freely choose their place of residence. Asylum seekers are distributed to all parts of Germany in order to go through their asylum process. Therefore, you may be asked to continue your journey to another state before or after registration. However, you can request that you want to live with your husband or wife or your children (under 18 years old), if you have not applied for asylum together. Only in exceptional cases is the place of residence of your other relatives considered.
After you introduce yourself as an asylum seeker, you will be registered. Various authorities in the country, such as the police, staff at the reception accommodation where you live or staff at the Asylum Arrival Center, will take care of your registration. In addition, your personal identity information, a photo and your fingerprints are stored. To prove that you have registered, you will receive a so-called entry certificate. This is an official document and proves that you are allowed to be in Germany temporarily. With this entry document, you as an asylum seeker have the right to meet your basic needs in Germany.
At the beginning of your stay, you are required to live in an initial reception accommodation. Your main needs will be met there. During this period, you primarily receive goods benefits such as food and clothing. After a maximum of six months, your commitment to live in the initial reception accommodation ends and you can move to a collective accommodation or to an apartment, if you can find a place. Collective housing is often smaller and scattered across the state. Special regulations apply to people who come from so-called safe countries of origin (currently Albania, Bosnia and Herzegovina, Ghana, Kosovo, the Republic of Macedonia from the former Yugoslavia, Montenegro, Senegal and Serbia). Asylum seekers from these countries are required to live in a primary reception accommodation throughout their asylum process. As an asylum seeker, you must notify the Federal Office for Migration and Refugees, often called BAMF, of your new address immediately after each move. This is very important for the asylum process, as summonses for interviews and similar matters such as the outcome of the decision will be sent to the address you have provided to BAMF. Find other information here.
Asylum process in Germany
Each country has its own asylum process to determine whether a person is a refugee. In Germany, this process is regulated by the asylum law with the rights and duties of asylum seekers and the responsible office. According to this law, the Federal Office for Migration and Refugees (BAMF) is responsible for handling asylum applications.
How do I apply for asylum?
The reception or registration center will notify you of your appointment with the federal office so that you can formally apply for asylum. You must personally attend one of the branches of the federal office by this date. Every adult must apply for asylum and appear in person. If you are not fluent in German, a translator will help you. Translators are bound by confidentiality and are not allowed to share any information you share with others.
You can find guidance on unaccompanied children under point #5.
After you have officially applied for asylum at the BAMF office, you will receive a temporary asylum permit application certificate. This is a written document that confirms that you are allowed to stay in Germany for the duration of your asylum process and that you will have the right to meet your basic needs in Germany as an asylum seeker. The Asylum Permit Certificate of Temporary Iqama application replaces your entry document. You can also prove your identity to the government offices with the refugee residence permit certificate.
Which country is responsible for my asylum process?
Before the federal administration asks you personally about the reasons for your flight, it is checked whether Germany is responsible for your asylum process at all. In the European Union and in the countries of Switzerland, Norway, Iceland and Liechtenstein, each asylum application is examined only once. Therefore, the federal administration asks you questions about when and where you entered Europe. Which country is responsible is determined according to certain criteria specified in the so-called Dublin III regulations. If you already have close relatives in the European Union, that country will be responsible for you. Otherwise, as a rule, the country that allowed you to enter the European Union is responsible for you. Your asylum process will take place in Germany if the Federal Republic is responsible according to certain criteria. In the next step, your personal interview will be conducted.
If Germany is not responsible, you will receive a written notification from the Federal Office. Refusal does not mean that your asylum application has been rejected altogether. In this case, it is only specified that another country – not Germany – has to examine the content of your application. Then you must be taken to the responsible country within a certain time limit. You can take legal action against this decision. Of course, you will only have a few days to take action. In any case, you should immediately use the support of a guidance and counseling center or a lawyer
Personal interview at the federal office
The personal interview is an important step in your asylum process. Then you have to explain exactly why you cannot return to your country of origin. Then it will be checked, whether you will be recognized as a refugee or not.
If it is difficult for you to talk about the reasons for your escape due to your life experiences, you can discuss this issue with the federal office before the interview date. This also applies in cases where you have been a victim of torture or sexual violence. If you, as a woman, prefer to speak with a female federal office colleague, you can announce this before the interview time. In some cases, one of the male and female trained colleagues will conduct an interview with you. Other information about the asylum process can be found on the website of the federal administration.
In order for you to understand the issue of the asylum process in Germany and to know which aspects of your personal destiny are important in this process, it is advisable that you consult with someone before the interview. You can find the list of counseling and guidance offices on the website of the Asylum Information Union.
Decision on asylum application
You will receive the decision regarding your asylum process in writing. Therefore, it is very important that you always notify the federal office of your new address as soon as you move. It may be to your detriment if the federal agency cannot reach you. The federal administration makes its decision about your asylum process based on a personal interview with you and possibly on the basis of the documents you have submitted. In addition, the Federal Office also considers public information related to your country of origin.
This department should make its decision based on the rules. For each official application, the Federal Office first of all examines whether a person can be granted protection based on the 1951 Geneva Convention relating to the Status of Refugees and possibly protection under the German Constitution. If asylum protection is not accepted based on the Geneva Asylum Convention, the Federal Office will check whether the prerequisites for secondary protection exist. If the answer to this is also negative, the federal office will finally check whether it is permissible for you not to be fired for other reasons. Decisions about different forms of legal protection will be announced to you in a mail, and if a form of protection is rejected, explanations will also be given.
Residence permit if support is granted If the federal administration determines that you need one of the forms of protection, the Foreign Nationals Administration will issue you a residence permit. The validity of the duration of your residence permit depends on which form of support you have received:
- If the refugee status is recognized according to the Geneva Convention relating to the Status of Refugees:
- Residence permit for three years
- On a case-by-case basis, it is possible to extend the residence permit up to three years
If the situation in your country of origin does not improve substantially during this period, your residence permit will be extended.
– Residential residence permit is possible after three or five years You can stay in Germany permanently by obtaining a residence permit. In this case, of course, you must be able to support most of your livelihood and speak enough German (level A 2). If you speak German extremely well (level C 1) and provide your livelihood almost entirely by yourself, you can get a permanent residence permit after three years. – This will apply in the same way, if, in addition to your refugee status based on the Geneva Convention, you are also granted the right to asylum according to the German constitution (asylum jurisdiction).
- If you received secondary support:
- Residence permit for at least one year
- On a case-by-case basis, it is possible to extend the residence permit for another two years
If the situation in your country of origin does not improve substantially during this period, your residence permit will be extended.
- The possibility of residential residence permit after five years
You can stay in Germany permanently by obtaining a residence permit. Of course, in this case, you must be able to fully support yourself and speak enough German (level B 1).
- If there is a ban on national deportation in your case:
– Residence permit for at least one year
– The possibility of extending the residence permit
– After five years, the possibility of residential residence permit
You can stay in Germany permanently by obtaining a residence permit. In this case, of course, you must be able to make a full living and speak enough German (level B 1).
The duty to leave the country in case of not accepting all forms of support
If none of the necessary conditions of the forms of protection – protection based on the Geneva Asylum Convention, asylum according to
If the German constitution, secondary protection or national ban on deportation is not involved, your application will be rejected. in this case
You have to leave Germany within a certain time limit. Non-acceptance has two different forms:
– If your application is not accepted, you must leave the country within 30 days.
– If your request is clearly unreasonable, you must leave the country within a week.
legal appeal (legal objection)
You can appeal against the decision of the Federal Office. This objection must be presented to the court in a short period of time. If the court’s decision is such that none of the forms of legal protection will be granted to you, or if you do not accept asylum protection based on the Geneva Asylum Convention and do not accept secondary protection, you should contact a counseling center or a gentleman as soon as possible. Call Ms. Lawyer. In the written answer of the federal office, it is mentioned which appeal you have and how long you have to file a complaint.
If you appeal this decision, the Administrative Court will review the decision of the Federal Office for Immigration and Refugees. As a rule, you will be summoned to a court hearing and the reasons for your escape will be questioned again. If the court reaches the same conclusion as the federal office, the decision of the federal office will remain in force. If the court determines that you need legal protection, the federal administration will issue a new decision. In this case, filing a legal appeal in a higher court (the Supreme Administrative Court of the relevant state) is only possible if the Supreme Court allows your subsequent appeal after considering the strict legal prerequisites.
do it If you cannot leave the country for a temporary period due to special reasons, for example due to a serious illness, the Department of Foreigners can issue you a temporary suspension of residence. By receiving a certificate of temporary suspension, your eviction is not allowed for a certain period of time. During this period of time, you will always be obliged to leave Germany, but you will not be forcibly returned to your country of origin.
If the temporary suspension residence certificate is not issued to you, the Department of Foreign Nationals is able to enforce your departure (deportation), if you do not leave the country within the specified deadline.