Asylum law in Germany - an overview
The right of asylum in Germany is intended to provide a refuge for refugees who are unable to return to their home country due to various factors. You can find out everything you need to know about asylum law in Germany in this article.
Legal basis for asylum law
The right of asylum in Germany is laid down in the law under paragraph 16a of the Basic Law. Another term for asylum law in Germany is immigration law or migration and refugee law.
- According to the law, everyone in Germany who is politically persecuted has the right to asylum.
- On the one hand, EU law and, on the other hand, various national laws serve as the basis for checking whether there is a political persecution.
- These include the Asylum Act, the Asylum Seekers Benefits Act, the Residence Act, international law with the Geneva Refugee Convention, the Social Code and the Convention on the Rights of the Child.
- In addition, the European level must be taken into account with the Charter of Fundamental Rights of the European Union and the Human Rights Convention.
The asylum procedure in Germany
In order for the right to asylum to be granted, the asylum seeker must go through an application process. We will now explain to you what steps need to be taken.
- As soon as a refugee arrives in Germany, he has to register with an office. Among other things, this can be a police station or initial reception facility.
- There all personal details, as well as a photo and the fingerprints of the person are recorded. A proof of arrival will then be issued.
- The asylum seekers are then taken to the nearest refugee reception center, where they receive benefits in kind and a small amount of money in accordance with the Asylum Seekers Benefits Act.
- After that, a personal application for asylum must be applied for at a branch of the Federal Office for Migration and Refugees (BAMF), whereby the refugees are provided with an interpreter.
- After submitting the application, the refugee receives a residence permit and must initially stay in the assigned municipality or city for three months. This is called the residence obligation.
- A few days later, the asylum seeker must appear at the BAMF for a personal hearing and present his reasons for fleeing, as well as his curriculum vitae and route.
- The application is then examined in detail and the refugee receives a letter after deciding whether the application for asylum is granted or whether the person has to leave the country again.
Rights and forms of protection for asylum seekers
For example, if the application for asylum is rejected by the BAMF, the asylum seeker can lodge an objection. Asylum seekers are also entitled to various forms of protection when the application is granted.
- If the asylum application is rejected, the refugee can lodge a complaint with the competent administrative court within one to two weeks and request that his application be re-examined.
- If the result is positive, the BAMF decides which options there are to stay in Germany.
- If he is classified as a person entitled to asylum in accordance with Section 16a of the Basic Law, he will receive a residence permit of three years.
- If it is decided in accordance with Paragraph 3 of the Asylum Act that the person is recognized as a refugee, a residence permit of three years is initially granted.
- Granting subsidiary protection in accordance with paragraph 4 of the Asylum Act means that asylum seekers can stay in Germany for one year.
- The last option is to determine a ban on deportation in accordance with paragraph 60 paragraphs 5 and 7 of the Residence Act. The person concerned initially receives asylum for one year and can then apply for an extension.
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