What does it mean to take refuge?
Asylum law, immigration law, migration law - right to refuge for persecuted people
The right to asylum has preoccupied mankind for hundreds of years. Because almost since we can think people flee for religious, political, racial, cultural or other reasons such as sexual orientation and have to leave their homes. You will be pursued, chased or chased away and searched refuge on one safe whereabouts.
Already in years 1300 BC Chr. Pharaoh Ramses II granted asylum to the outcast Hittite king Urhi-Teshup in Egypt. Six cities - this was God's instruction to Moses - were in the Old testament chosen as places of refuge so that refugees, strangers and visitors could find shelter there. asylum had both from the start a political as well as a humanitarian aspect. Flight and asylum played a major role within the religions in particular: So did flee Jesus with his parents to Egypt and the Prophet Mohammed received asylum with his supporters in Medina when he had to flee from opponents of Islam.
At the end of the early modern period, over 250,000 had to be Huguenots flee France and look for another place to stay. The first escape movements began in the course of the Bartholomew Night of 1572. Also the so-called dragons, measures of forced conversion, as well as the French Revolution 1789 contributed to this long-lasting escape. Here began the moment from which the number of political refugees ever more drastic increase. The two World wars contributed the rest to it. Politically and religiously persecuted people had a particularly difficult time here.
In the year 1920 became the League of Nations closed. He laid the foundation for the belief that it was the responsibility of the international community to protect refugees and to seek solutions to their problems. The Norwegian Fridtjof Nansen was the first refugee commissioner of the League of Nations to receive the Nobel Peace Prize. Among other things, he ensured that more than 450,000 prisoners of war returned to their home after the First World War Home countriesto return could.
In the present time - as early as in the 20th century with the resurrection of dictatorial and totalitarian ideologies - this has happened Right of asylum to a Necessity for numerous people developed. In mid-2015, the United Nations High Commissioners for Refugees (UNHCR) recorded in a current statistic around 19.5 million refugees worldwide - Ascending trend. By the way, there is a lot more internally displaced personswho were forcibly chased from their rightful home for various reasons. In contrast to the "classic" refugees, these "internally displaced people“- IDPS for short - with her Escape in your own country and do not cross any state borders at all. This group does 39.2 million people worldwide out.
So what is asylum law, immigration law and migration law? What rights do asylum seekers have in Germany, what are they like? Asylum procedure regulated and who decides on the basis of which criteria whether someone has a residency permit received or not? All reply and much more about this area of law can be found here counselor.
FAQ: Asylum Law
The right of asylum is anchored in constitutional law. According to Article 16a of the Basic Law (GG), politically persecuted people can claim asylum in Germany.
Politically persecuted people are those who are exposed to danger to life, limb or freedom because of their religion, nationality, race, belonging to a certain group or because of their political convictions. As a rule, the persecution must be carried out with the help of state funds. A purely criminal prosecution is usually not enough.
In addition to the right of residence, the right of asylum includes the chance and opportunity to develop personally and professionally. This right of residence is not to be confused with the residence permit.
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Important legislative changes in 2017
In May and June 2017 some legislative changes decidedthat to July 29, 2017 in force kicked. Below is one Overview of the most important changes:
- Obligation to stay in reception facilities (Section 47 (1b) AsylG): In future, the federal states can oblige all asylum seekers to stay in the state's (initial) reception center for up to 24 months. This applies as long as the asylum procedure (at the Federal Office for Migration and Refugees (BAMF)) is ongoing, as well as in the event that an asylum application is rejected as “obviously unfounded” or “inadmissible”.
- Prohibition of abusive acknowledgment of paternity (§ 1597a BGB and § 85a AufenthG): The background to this change is the discussion about cases in which men with German citizenship recognize the paternity of the child of a foreign mother. This will now be checked carefully and prevented if improper use is suspected.
- Obligation of the youth welfare office to apply for asylum for unaccompanied minors (Section 42, Paragraph 2, Sentence 5, SGB VIII): Youth welfare offices that take care of unaccompanied minors are obliged by a change in Book VIII of the Social Code to apply for asylum for the child or young person without delay. The procedure is then coordinated with the youth welfare office.
- Deportations without prior notice for persons who are responsible for obstacles to departure themselves (Section 60a subs. 5 sentence 5 of the Residence Act): For people who have stayed in Germany for more than a year, notification must be given to be deported. This does not have to be done for persons with a Duldung who willfully provide false information about identity or nationality.
- “Residenzpflicht” for peoplewho are responsible for obstacles to departure themselves (Section 61, Paragraph 1c, Sentence 2, AufenthG): such persons are subject to a spatial restriction for the district of the responsible immigration authority and may only leave it with official approval.
- "Electronic shackles" for "endangerers" (§ 56a AufenthG): The measure must be ordered by a court and is limited to people who have already been imposed a “spatial restriction” (“residence obligation”), a residence requirement or a contact ban for reasons of internal security (Section 56 subs. 2-4 AufenthG )
What is right of asylum?
The right of asylum - or also Refugee law called - im current affairs developed into an explosive complex of topics. Because of the wars in the Middle East, thousands of people are fleeing their homes and seeking refuge - one Place of security. After this second World War the countries of this world have actually sworn that such a The time of horror should never return. As the successor organization to the League of Nations, the United Nations - or the United Nations for short - was formed after the Second World War U.N. - the United Nations Organization.
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The UN stands up for them Respect for and observance of human rights and yours Fundamental freedoms strong - no matter what origin, religion or affiliation a person has. The Next Generation is to be saved from the scourge of war. Among other things, the human rights write aloud in their Universal Declaration Article 14 in front:
Everyone has the right to seek and enjoy asylum from persecution in other countries.
But what is and does “asylum” actually mean? According to the definition, the term “asylum” comes from the Greek and has different meanings. "Asylon" means something like "sanctuary" or "place of security". “Asylos” in turn means “inviolable”, “safe” or “untouched”. Asylum is therefore the name for a place of refuge for persecuted people or a home in which a person is Protection from danger and persecution finds.
Again that is Right of asylum in Germany the determining factor Field of law for the asylum. Asylum law includes all norms that are temporarily related to asylum. These include in particular:
Human rights violations are probably the most common reason that people have to flee. The Geneva Refugee Convention from 1951 describes in Article 1 which persons are to be recognized as refugees. This includes every person who
due to the well-founded fear of persecution because of their race, religion, nationality, membership of a certain social group or because of their political convictions that they are outside the country of which they are citizens and cannot claim the protection of this country or because of these fears does not want to take advantage of; or who, as a stateless person, is outside the country in which he or she was habitually resident as a result of such events and cannot return there or does not want to return there because of the fears mentioned.
This is the basis for the right of asylum Basic Law (GG). It draws its historical lessons from the National Socialist rule of injustice and, as one of the few constitutions in the world, determines that everyone politically persecuted under certain conditions Entitlement to asylum granted in Germany can be. This Law is even legally enforceable. Thus, above all, Article 16a of the Basic Law provides that politically persecuted persons always enjoy a right of asylum.
Here, too, everyone is considered a refugee who received no protection from his home country can and due to his
- Belonging to a social group or
- his political convictions
suffered from the measures of persecution that Restrict life and limb or personal freedom. The Basic Law also knows about asylum Exceptions. So enjoy no right of asylumwho made a EU country enters or from an as safe classified Third country. If a Third country is to be classified as safe, the Bundestag and Bundesrat decide.
Yet differs the asylum law of the GG in Germany is fundamentally different from that other states. The GG behaves more like that neutral and with the term refugee - like the Geneva Refugee Convention - excludes persons from protection who War crimes, Crime against humanity or have committed other serious non-political crimes. Such actions are ongoing Principles and goals of the UN namely repugnant.
According to the German constitution, the assumption applies that a foreigner will not be persecuted in a state if the legal situation, the application of the law and the political situation Appear as given in the form that they do not and inhuman punishments Humiliations keep ready. Then the asylum seeker in Germany initially Factsto put forwardthat defeat this assumption.
The German courts see the as evidence of political persecution Purpose of a pursuit as important. This must be politically determined and usually takes place with the help of government funds.
In addition, the asylum policy in Germany does not protect against general disadvantages of a citizen, which he because of in his Home country ruling anyeconomic, political or social circumstancesto suffer Has. Famine, natural disasters, revolutions, civil wars or other war-like conditions are therefore not sufficient to justify a right to asylum. Thus apply War and civil war refugees indeed Not as Asylum seekers, because for them the special ones Provisions ofAliens Law to grab. Herein lies the essential Difference between asylum law and immigration law.
Types of Migration
Basically, three to four major types of migrants can be distinguished. “Types” or “forms” are to be understood as the reasons for migration. Hence there is
- Family reunification - If a family member is already permanently residing abroad because of a good job and has a residence permit, spouses and children can often join them
- Labor migration or educational migration - Moving to another country because of a new job because there are no or poorly paid jobs in your own country; Highly qualified workers in particular often do not find adequate employment in their home country; The situation is similar with training opportunities
- Refugee migration - If crimes against humanity prevail in the home country, if there are wars or impairments due to political views or religion, then many people flee their home countries and ask for asylum
- Irregular or. illegal migration - Unfortunately, this form of migration often takes place through human trafficking or people smuggling; However, these are not always criminals, as a rule they merely violate entry, residence or work regulations
European asylum law
The asylum law in the EU also offers a kind Basic right to asylum for certain groups of people in special situations in which their freedom and life are threatened due to human rights violations in their home country. At this point the Geneva Refugee Convention.
since 2003 are already numerous at European level Legal acts has been enacted, the basic provisions in the field of Asylum andRefugee protection in Europe include. In particular, the EU stands for solidarity within the community.
In the future, a so-called Common European asylum system arise - that GEAS. This system is already under development and has become a necessity in the current refugee crisis. The so-called Dublin III procedure (description below in the text) is already a first step towards one common asylum procedure been done. The protection status should be standardized and the entire EU should make its contribution. In the Abolition of border controls at internal borders the GEAS found its origin - Freedom of movement and security for all people have been created with it.
Meanwhile (as of 2017) the common asylum law in the EU five legal instruments:
- Admission Policy
- Recognition Policy
- Asylum Procedures Directive
- Dublin III regulation
- Eurodac regulation
The European Community has set itself the goal of high protection standards to create that with one fair and efficient asylum procedures should be achieved. No matter in which member state an asylum seeker is admitted, his Treatment should be equivalent and abuse can thereby be prevented.
Laws and ordinances relevant to asylum law
The right of asylum finds its justification in the German Basic Law. But over time created various lawsthat regulate the right to asylum in Germany even more specifically and thus eliminate legal problems. You can find out which laws and regulations affect the right of asylum in the Read the following chapters.
Immigration Act and Residence Act
The Immigration Act kicked 2005 in force. It is called in full: "Law to control and limit immigration and to regulate the residence and integration of Union citizens and foreigners". This law is Part of the immigration law. Within the Immigration Act, the Residence Act is of great relevance because it regulates the following things:
- Family reunion
- Expulsion and eventual deportation
- Participation rights and obligations
The 2005 Residence Act became the former Aliens Act overridden. The Aliens Act also dealt with the various types of residence permits.
Today's Residence Act - abbreviated to AufenthG - determines five so-called residence permits. A foreigner needs such a title in order to be allowed to enter and stay in Germany:
- Residence permit (limited): This is intended, for example, for the self-employed who generate capital in Germany and create jobs.Foreign citizens can also receive a residence permit for one year when looking for a job after successfully completing their studies.
- EU Blue Card (limited to up to four years): This is a residence permit for skilled workers, i.e. academics. It also affects nationals of non-EU countries. To do this, you must either have a university degree or an employment contract with a minimum gross salary of 46,400 euros per year (as of 2017).
- Permanent residence permit (unlimited): Is a business permit in accordance with an EC directive. This title can be obtained by foreigners from third countries who have been legally resident in an EU member state for five years. Moving on to another EU country is permitted.
- Settlement permit (unlimited): This is available to professionally highly qualified people who come to Germany for a longer stay, for example. The settlement permit is only granted to those who have had a residence permit for at least 21 months and meet other requirements: This includes securing their own livelihood and that of his family on their own. In addition, the applicant must be able to demonstrate sufficient knowledge of German and have no previous convictions.
- Visa (temporary): All foreigners who are citizens of non-EU countries are required to have a visa. Citizens of the EU of course do not need a visa. However, visitors do not need a visa for a stay of 90 days within a period of 180 days. In addition, a visa must be applied for.
Anyone who has a residence permit also has the right to obtain a Gainful employmentexercise - provided that the residence permit expressly allows the refugee to work or it is specified in the Residence Act. To promote the integration, some associations simplify the admission of refugees - for example in the form of Reductions in contributions or permission to participate in activitieswhich are normally reserved for club members.
Expulsion and deportation
An expulsion ends the stay of a foreign citizen in Germany - mostly against his will.
However, expulsion is not the same as deportation. If a person is to be expelled, they are far from being deported. An asylum seeker usually gets one Notificationif, for example, it is certain that it will be Right of residence expired is or the Asylum application in Germany refused finds. The same applies if the asylum seeker's behavior interferes with public safety and order. When a crime is committed, a so-called compulsory expulsion - the offender has to leave the country.
However, the person concerned has by no means left the country with an expulsion. Not everyone leaves immediately voluntarily. Only when one Expulsion completed is, it is a deportation. That in turn means that the foreigner is using police coercion is taken out of the country.
But you can also be deported Obstacles be put in the way. Nobody may be deported if their life or freedom is threatened for racial, religious or similar reasons. The background to this is that the German state does not have any data subjects without a right of residence hand over to his persecutors would like to. It is therefore of central importance to which country an asylum seeker is deported.
If a person in Germany receives an expulsion order or is deported, then he receives one Entry ban and therefore may not travel to the federal territory again or stay there. This entry ban or the entry and residence ban is common limited (Section 11 of the Residence Act). The period begins when the person concerned has left the country. The deadline usually lasts a maximum of five years at. There is a maximum of ten years if the person has been expelled on the basis of a criminal conviction. No time limit is set for war crimes or other crimes against humanity.
There is also the Rejection. One person can on the border be rejected if they do not meet the requirements for entry.
Under certain circumstances a so-called Deportation or deportation detentionthreaten. However, this measure is after Section 62 of the Residence Act to avoid, albeit one milder means can be applied sufficiently. A deportation detention - too Preventive detention - is permitted, for example, if:
- the foreigner on the basis of a unauthorized entry is required to leave the country
- the Departure deadline has expired and the person concerned has changed his place of residence without notifying the immigration authorities
- the foreigner not on the announced date at the specified place of deportation appeared
In this regard, the federal government new legal regulations enact. So can a Deportation detention against so-called "threats" to be ordered. Important for this regulation are here Section 2 subs. 14 no. 5a of the Residence Act as Section 62 subs. 3 sentence 4 of the Residence Act.
In § 2 Paragraph 14 is on this The following defines:
(14) Concrete clues within the meaning of Section 62 Paragraph 3 Clause 1 Number 5 can be: [...] the foreigner poses a significant risk to the life and limb of third parties or significant legal interests of internal security [...]
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Family reunification and spouse reunification
In the sense of the Family reunion there is a legal entitlement to reunification of the family with a residence permit in accordance with Section 27 of the Residence Act in the federal territory. To preserve the family community as such is a Family reunification of the spouse and the minor refugee children permitted if the designated requirements to be fulfilled. This includes:
- That the respective family member owns a Residence permit is
- the family about sufficient Living room has and
- that the Livelihood the family is secure.
For family reunification, the spouse and minor children must be in the German Embassy of the respective home country Apply for a residence permit. Once in Germany, all persons must register with the responsible person Registration office.
In addition, family members with a residence permit for the purpose of family reunification also receive the Authorization to work.
A Family reunification is not permittedif the marriage was only entered into for this purpose in accordance with Section 27 of the Residence Act or one of the spouses to the receipt of the Forced marriage has been.
In the case of spousal reunification, it is also essential that both partners have reached the age of 18 and the spouse to be moved is elementary Proof or demonstrate knowledge of German can before he enters. The same applies to minor children at the age of 16 to. This measure serves the interests of better integration.
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The asylum law in Germany contains all the important Regulations for the asylum procedurewhich is explained in more detail below in the corresponding section. Earlier, i.e. before the Asylum Act on 24.10.2015 Received its name, it was accordingly called that Asylum Procedure Actknown. But in the course of the acute refugee situation, the federal government had to make a quick decision: A new asylum law had to come.
With the article law, which "Asylum Procedure Acceleration Act“Called, became diverse Changes decided to reform the asylum procedure in particular. These Innovations there were sometimes:
- Accelerating the asylum process
- Expansion of the list of safe countries of origin
- The length of stay in an initial reception facility has been increased from three to six months
- Asylum seekers who have completed medical training are now allowed to provide medical care to other applicants if there is a deficiency - the work is carried out under the responsibility of a doctor
- Facilitating the establishment of accommodation
- More flexibility for the federal states in cooperation in matters of refugee distribution
- Expansion of measures for better integration (especially for the labor market)
German for asylum seekers
A big problem between nationals and foreigners is often that Communication and understanding. With the help of an integration course, foreigners should primarily acquire German language skills. This special course was introduced in 2005 and was shortened by the “Ordinance on the Implementation of Integration Courses for Foreigners and Spätaussiedler” Integration course ordinance regulated.
The Residence Act distinguishes between the Duty and the authorization to participate in such an integration course. The course consists of at least 660 hours, but can also up to 960 hours last for. This covers important everyday things, such as work and career, shopping, health, living, raising children or media and social contacts.
In some cases, the Integration course costs to just over 1,000 euros. Spätaussiedler can attend the course once free of charge. Also recipients of ALG II and social assistance can get exempt from the costs.
Asylum Seekers Benefits Act
With the Asylum Seekers Benefits Act, the Basic needs of an asylum seeker secured. This includes the granting of social assistance for asylum seekers. However, this grant is often open Accommodation and benefits in kind limited. If asylum seekers live outside of initial reception facilities, cash benefits are also possible. But basically asylum seekers in Germany get everything they need daily life need.
Eligible for benefits within the meaning of the law are:
- Asylum seekers
- Persons obliged to leave the country who, for example, have a Duldung
- other foreigners who have a temporary stay in Germany
To the Services count among others:
- Food and housing as well as heating, health and personal care measures
- Durable goods in the household
- Medical benefits in the event of illness or pregnancy
- Pocket money for everyday personal needs
- in certain cases further benefits in individual cases
Even the receipt of a Basic pension is regulated by law, as well as any Cash benefitswhich are based on the requirement rates of the regulation responsible for ALG II and social assistance. These services are, however lessthan those who are entitled to a German citizen.
Areas of law that affect asylum law
Asylum law and immigration law or migration law are two different things. In the following chapter you will therefore learn more about the law on foreigners, which is also known as the law on aliens or, more recently, the law on migration.
You will also find interesting information to other areas of law related to the right of asylum.
Immigration law, immigration law and immigration law
The law on foreigners determines the rights of foreigners in Germany. The Term "foreigner" has unfortunately experienced a lot of negativity in the recent past. Every person in a country is to be described as a foreigner if he is not a national. So if the respective person has a other nationality owns, than your current country of residencethen she is a foreigner in this country.
Immigration law affects three important areas of law in Germany:
- Private law: The rules of international private law apply to foreigners. In certain cases, the foreigner's home country is decisive, for example with regard to civil status, legal capacity, marriage and inheritance law. In matters Civil litigation the law of the place of jurisdiction applies.
- Social law: Foreigners are subject to compulsory social insurance in Germany; regardless of their nationality. The principle of territoriality applies here.
- Constitutional law: Foreigners are subject to political, professional and social restrictions if they have neither German citizenship nor a status as a refugee or expellee, or if they are spouses or descendants of a person who was admitted to the territory of the former German Reich (as of 31.12. 1937). Foreigners therefore have other, more restricted rights than a German citizen. The basic right, however, grants them various basic freedoms, with the exception of freedom of assembly and association, freedom of movement and freedom of occupation.
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Furthermore are loud Art. 116 GG to re-naturalize all former German nationals and their descendants on request who were between the January 30, 1933 and May 8, 1945 lost their citizenship for political, religious or racial reasons.
All important information on immigration law is anchored in the Immigration Act. You can read more about this in the Section "Immigration Act and Residence Act" to find out.
By the way: Due to the fact that the term “foreigners law” over time - also like “foreigners” itself - has a highly negative connotation, the foreigner law is meanwhile increasingly only as Right of residence or Migration law designated. Presumably this is precisely why the Federal Chamber of Lawyers (BRAK) decided to choose the appendix "for migration law" when deciding on the new title of specialist lawyer. At the end of 2015, the BRAK now finally for them Introduction of the specialist lawyer for migration law - an urgent need in view of the current refugee situation in Germany.
International law describes a legal system that is called Collection of all legal norms one can see which regulates the relations of the states among themselves as well as those of the international organizations. Therefore, international law is sometimes called International right designated. In contrast to other areas of law, it cannot be enforced by just one central authority, because it requires the recognition of other states.
In order for such international law to arise, it is necessary Treaties and agreements or pacts. These treaties then deal with, among other things, diplomatic exchange, the restriction of acts of war, with questions of international trade or with the Arbitration of disputes. Examples for international treaties are:
- UN Charter
- UN (United Nations) Declaration of Human Rights
- Council of Europe Agreement
International law therefore distinguishes between two types of asylum:
- Territorial asylum: Granting of refuge on one's own territory or in the territory of the country of residence
- Diplomatic asylum: Also known as extraterritorial asylum; it describes the admission of persecuted persons for the purpose of asylum in the area of a diplomatic mission abroad, i.e. in an embassy or consulate. A well-known one example is here Edward Snowden. After exposing the NSA's surveillance and espionage practices, he escaped the US arrest warrant and criminal complaint. He applied for asylum in numerous countries. Most states, however, refused. Among other things, however, the Ecuadorian embassy in Russia granted him a right of asylum. In the meantime, Snowden received territorial asylum - or a three-year residence permit - in Russia in August 2014 and is now allowed to move freely there. Also Julian Assange - Spokesman for the WikiLeaks disclosure platform - received the so-called embassy asylum in an Ecuadorian embassy - but in London (as of January 2017).
Right to stay
The right to stay is not an area of law in the strict sense of the word. It's related to that Right of residence and the toleration of foreign people and can rather than Right to stay permanently to be discribed.
2015 The federal government decided to grant a right to stay if a person had a eight-year residence can show in Germany. At Familys the right to stay can already be done after six years to be pronounced.
A foreigner receives one Tolerance if his asylum application has been rejected, but he cannot be deported. But why is there no deportation? That can happen when the minister of the interior takes a Deportation stop imposed or the Identity papers of the person concerned are missing. As a rule, a tolerance is valid for a maximum of six months.
In the year 2013 almost lived 95,000 people in Germany in this Tolerated status. Almost 10 percent of them have been for 15 years. This is problematic because tolerated people only limited or even not allowed to work on the labor market. Also social benefits they only get a limited amount. So you are neither entitled to unemployment benefit II nor to social assistance. Instead, they are subject to the Asylum Seekers Benefits Act (see above). In addition, owners are subject to a tolerance of Residenzpflicht - Not to be confused with a residence requirement for persons entitled to subsidiary protection. So you are only allowed to stay in your state.
Usually there is a tolerance period after 18 months Target claim for a residence permit (Section 25 of the Residence Act). But only if the person concerned is unable to leave the country through no fault of their own.
With the nationality the Allocation of a person to a certain state possible. If he has this nationality, then he must also fulfill all rights and obligations of this state. Sometimes a person doesn't just one, rather multiple nationalities or even no.
In Germany, however, attention is paid to the European standard, so that the citizenship of a person both in Basic Law according to Art 116, as well as in Citizenship Act (StAG) is regulated.
The Nationality Act therefore also contains Naturalization Regulations. So if a foreign citizen wants to stay in Germany permanently, he can be naturalized under certain conditions and thus the accept German citizenship.
For naturalization you can Persons from their 16th birthday submit a corresponding application. Minors must be accompanied by their parents for this. One Right to naturalization have applicants after § 10 StAG with the following requirements:
- At least one eight years of legal residence domestically
- Confession to liberal, democratic basic order with the declaration that it will not pursue or support any efforts which are directed against the country and its people
- At the time of naturalization, the applicant should have a unlimited residence permit have
- Sufficient Knowledge of German should be present
- Independent backup of the Livelihood without support from ALG II or social assistance
- It may no criminal record are present
- Under certain circumstances it then comes to Loss of old citizenship, but there are exceptions here
What is regulated by the asylum law?
Asylum law regulates the various basic processes and legal conditionsrelevant to asylum seekers. All problems related to this are regulated in the laws and areas of law already described above. But individual important procedures in asylum law will be for you at this point again explained in more detail.
The Federal Office for Migration and Refugees has the important task of Asylum applications to check and so carry out the asylum procedure. This is as such in the Residence Act (see above) or rather in the Asylum Act (formerly Asylum Procedure Act) regulated.
The Asylum procedure consists of many in Germany Single steps:
- First statement by an asylum seekerTo obtain asylum in the federal territory: To do this, he or she must contact an initial reception center. This can be a border authority, an immigration or security authority or a reception center.
- Now the so-called EASY takes place on all Federal states. That’s the First distribution of asylum seekers meant
- If the asylum seeker has been assigned to a federal state, he must go to the responsible reception center Report.
- Only now does the person concerned make one personalapplication for asylum at the responsible branch office of the Federal Office
- The asylum application is then submitted to the so-called Dublin procedure checked
- The German authorities also examine the asylum application in the further course of the asylum procedure
- This is followed by another Hearing the applicant on asylum
- The national asylum procedure now holds various Substantive decision-making options ready for the asylum seeker, who first assess whether he is entitled to asylum at all. Its vulnerability is classified accordingly. Ultimately, only then can the decision of one Award over a Rejection be felled. Only then is it determined whether there is a deportation comes whether the asylum seeker a Right of residence is granted a Right to stay or he required to leave the country If this decision is not accepted, then he can be different Legal remedies to object apply.
By the way, an asylum seeker in Germany has already been recognized as a politically persecuted person basic right to stay. This lasts as long as the asylum procedure is running.
The Dublin procedure (since 2014 Dublin III procedure) examines the responsible state as a member of the European Community as well as Iceland, Switzerland, Norway and Liechtenstein, in which the asylum application was submitted. On the one hand, the aim is that the asylum seeker has a Guarantee of implementation receives his asylum procedure and, on the other hand, this is intended to prevent the applicant more than one procedure in the territory of the EU member states can be carried out.
As part of the asylum procedure, a so-called identification service treatment carried out. This is often used to establish identity. Accordingly, personal data is collected. This includes name, place of residence, age, height and weight or special physical characteristics such as tattoos. Such an identification service treatment is however after Section 49 of the Residence Act only carried out if the person concerned traveled to Germany without permission, had a forged passport with him, wants to apply for a national visa or is to be deported.
If, in the asylum procedure, refugees are recognized as entitled to asylum under Article 16a of the Basic Law within the meaning of the Geneva Refugee Convention, they are initially granted a temporary right of residence. Before they can get a permanent and therefore unlimited residence permit, they have to get a Examination of the status-based circumstances in the country of origin come.
Third country regulation
As stated above, a person can Not on her Right of asylum who entered from an EU member state or a safe third country. Reason is that in these Regions of the protection of human rights by virtue of the constitutionis certain and is fixed. An asylum application is therefore not necessary.
In our European area without internal borders, however, every asylum seeker gets the Chance of a fair examination of his asylum application given, because the basic idea of uniform protection of refugees prevails in the EU. In addition, a Uncontrolled migration is prevented become. Therefore, the asylum seeker receives a constitutional asylum procedure in the first Host country.
However, includes the right of asylum no right to it, to be able to choose freely where his future whereabouts will be. Instead, it offers protection against having to travel back to the country of persecution.
As safe third countries apply to all Member states of the European Community as well as other European states that ensure that the Geneva Refugee Convention and the Human Rights Convention are observed. Currently these are Norway, Switzerland and all neighboring states of the Federal Republic of Germany (as of December 2017).
This means de facto that the legislature in Germany usually has the right to issue a Refuse or deport the person immediatelyif it is determined that she has entered from a safe third country.
Safe country of origin
A safe third country is not always a safe country of origin. The country of origin can also be a non-European state be like Syria, Namibia, India or Australia. In this way, states can be determined by law that ensure that citizens are neither politically persecuted nor subjected to inhuman or degrading punishment or other treatments are performed.
On the basis of a very extensive Criteria catalog will therefore checkedwhether it is a safe country of origin. The so-called also counts here Recognition rate of asylum seekers in the past few years as well
- the current and general political situation,
- the stability of the country and
- respect for human rights.
With the recognition rate for asylum seekers are the national asylum figures meant the the Development of asylum applications show in Germany.
At the moment the legislature has classified the following countries as safe countries of origin: Albania, Kosovo, Montenegro, Serbia, Macedonia, Bosnia-Herzegovina, Ghana, Senegal (As of 2017). The Federal Council must be his, by the way approval when a country is classified accordingly.
A application for asylum is therefore in Germany rejected and declared as unfoundedif the applicant comes from an obviously safe country of origin. The judgment is different, however, if it is appropriate Facts and evidence who can put forward that opposite prove and face political persecution from his home country.
Between 1991 and 1993 the illegal entry by air. Therefore, the stipulation has prevailed that the Carry out asylum procedures before the decision on entry is made is when the person enters from a safe country of origin via an airport.
This is also possible if there is a Chance of accommodation on the airport premises offers. In fact, asylum seekers are allowed up to For 19 days after submitting the application at an airport - or rather in the Transit area - stay and be referred there for the duration of the asylum procedure.
Entry can be refused to the asylum seeker if the Branch office of the Federal Office rejects the application as unfounded at the airport. If the foreigner still wants to enter the country, he can send his asylum application to competent administrative court pass on. If this also rejects the asylum application, the applicant will be deported.
The asylum procedure is also referred to here as the airport procedure, as it occurs directly with the Border authority and branch office of the Federal Office takes place. In the normal case, the Federal Office then two days to decide on the application. Otherwise the asylum seeker will be allowed to enter the country.(29 Ratings, average: 3,93 of 5)
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