GLOBAL MIGRATION PORTAL

GERMANY

Stages of the asylum procedure

1. Arrival and registration

All asylum-seekers arriving in Germany must report to a state organisation on arrival or immediately thereafter. They can do this as soon as they reach the border or later within the country.

Anyone already reporting as seeking asylum on entry reports to the border authority. This authority then sends asylum-seekers on to the closest initial reception centre.

Anyone who does not make a request for asylum until they are in Germany can report to a security authority (such as the police), an immigration authority, a reception facility or directly to an arrival centre.

Registration

All individuals reporting as seeking asylum in the Federal Republic of Germany are registered. This is carried out at ‘PIK’ (Personalisation Infrastructure Component) stations by the Federal or Land police, by staff of the BAMF in the branch offices and arrival centres or by staff of the Länder at reception facilities, immigration authorities and arrival centres.

The opportunity is taken here to centrally store personal data, and a photograph as well as fingerprints (children aged under 14 are ruled out here). All public agencies which need them for their respective tasks later have access to this data.

Issuing a temporary identification document: the proof of arrival

Asylum-seekers receive a prooa1f of arrival (Ankunftsnachweis) at the reception facility, arrival centre or branch office of the Federal Office which is responsible for them to prove that they have registered. They can however also receive in advance a certificate directing them to the nearest reception facility (Anlaufbescheinigung). This contains both personal data as well as the address of the reception facility which is responsible for them and where they will receive their proof of arrival.

As the first official document, the proof of arrival serves to document the entitlement to reside in Germany. And what is equally important is that it constitutes an entitlement to draw state benefits, such as accommodation, medical treatment and food.

The introduction of the proof of arrival for asylum-seekers gives to the ‘Asylum-seeker Registration Certificate’ (BüMA), which previously was non-standard and varied from one Federal Land to another, a new design which is the same all over the country, and which furthermore contains security characteristics.

1. Initial Distribution of Asylum-Seekers

Asylum-seekers are first of all received in the closest reception facilities of the Federal Land in question. Such a facility may be responsible for temporary as well as longer-term accommodation.

Allocation to a specific reception facility is decided according to the current capacities. It also makes a difference in which branch office of the Federal Office or in which arrival centre the respective country of origin of the asylum-seeker is processed: The ‘competence according to country of origin’ principle is applied. Depending on the country of origin, asylum-seekers can be accommodated in reception facilities for up to six months, or until their application is decided on. They can also be allocated to another facility during this period under certain circumstances, for instance for family reunification.

1. The responsible reception facility

The competent reception facility is responsible for providing food and board for asylum-seekers. At the same time, it informs the closest branch office of the Federal Office or the nearest arrival centre.

Asylum-seekers and asylum applicants receive benefits in kind at subsistence level during their stay and a monthly amount of money to cover their everyday personal needs. The nature and amount of the benefits are regulated by the Asylum-Seekers’ Benefits Act (Asylbewerberleistungsgesetz). These include basic benefits for food, housing, heating, clothing, healthcare and personal hygiene, as well as household durables and consumables, benefits to cover personal daily requirements, benefits in case of sickness, pregnancy and birth, as well as individual benefits which depend on the individual case.

1. Personal asylum applications

A personal application is filed with the branch office of the Federal Office or at a arrival centre. An interpreter is available for this appointment to help applicants understand their rights and duties within the asylum procedure. They furthermore receive all the important information in writing in their native language.

The personal data are recorded during the application procedure if this has not already taken place, for instance when the proof of arrival was issued. Applicants are obliged to prove their identity if they are able to do so. Documents accepted include a national passport, as well as other personal documents such as birth certificates and driving licences. The Federal Office uses physical and technical document examination to assess the original documents.

Applicants are photographed; the fingerprints are also taken of people aged over 14. These data are compared with those in the Central Register of Foreigners, as well as with those of the Federal Criminal Police Office, in order to ascertain whether the application is an initial application, a follow-up application or possibly a multiple application. It is also investigated using a Europe-wide system (EURODAC) whether another European state might be responsible for carrying out the asylum procedure (see Examination of the Dublin procedure).

The application is made in person as a rule. A written asylum application may only be filed in special cases, for instance if the individual in question is in a hospital or has not yet reached the age of maturity.

Residence obligation (Residenzpflicht)

Once their asylum application has been filed, applicants receive a certificate of their permission to reside (Aufenthaltsgestattung). This certificate replaces the ‘proof of arrival’, serves as documentation vis-à-vis state agencies that they are asylum applicants, and proves that they are in Germany lawfully. Permission to reside is territorially restricted to the district (residence obligation) in which the responsible reception facility is located.

Persons with poor prospects to remain

Persons with poor prospects to remain, such as individuals from ‘safe countries of origin’, are obliged to live in the reception facilities until the decision is taken. If their asylum application is turned down as ‘manifestly unfounded’ or ‘inadmissible’, this then applies until they leave the country. They are not permitted to work during this period, and they may only temporarily leave the area designated in their permission to reside if they have permission from the Federal Office.

Persons with good prospects to remain

Persons with good prospects to remain may initially only remain in the area designated in their permission to reside. They too need permission if they would like to temporarily leave this area. The residence obligation ceases to apply after three months. The residence area is then expanded to cover the entire country.

Most applicants are distributed on within the Federal Land after being accommodated in the reception facilities. The Land authorities then decide whether accommodation is to be provided in ‘collective accommodation’ or permission is given to find an apartment. Both the public interest and that of the persons concerned are to be taken into consideration when reaching this discretionary decision. The immigration authority can provide more information.

1. Examining the Dublin procedure

The Dublin procedure is a procedure for determining the Member State responsible prior to the actual examination of the asylum application. It is used to establish which European country is responsible for examining an asylum application. The purpose of the ‘Dublin Regulation’ is for the content of each asylum application which is lodged in the Dublin area to only be examined on the merits by one state. This area includes the Member States of the European Union, Norway, Iceland, Switzerland and Liechtenstein. If protection has already been granted under the law on asylum in one Dublin state, no further examination of the asylum application is possible in Germany.

If a Member State establishes that asylum proceedings are to be processed or completed in another Member State, it files a ‘transfer request’ with the State in question. If the latter consents to the transfer, the Federal Office issues a notice ordering it. It also informs the person concerned and asks them whether there may be any reasons against the transfer.

The person concerned can file a court action against this decision, and can put forward an emergency motion. It is not permissible for them to be transferred to the Member State until the ruling has been handed down in the emergency court proceedings.

If the transfer is not carried out within six months, responsibility for the proceedings is transferred to the Member State which has requested the transfer. If the individual is in detention, the transfer period may be extended to a maximum of one year. It can be extended to 18 months at most if the person concerned is not traceable

1. The personal interview

The personal interview is the applicant’s most important appointment within his/her asylum procedure. Advice is therefore available when it comes to preparing for the interview from organisations providing aid, charitable associations or municipal facilities. It is also possible to consult the Asylum Social Counselling service.

It is the ‘decision-makers’ who are responsible for holding the interviews at the Federal Office. They invite applicants to attend this appointment, where an interpreter will also be on hand.

Applicants absolutely must attend this appointment, or they must state in good time and in writing why they are unable to attend on that particular day. If they do not do so, their asylum application can be turned down or the proceedings discontinued without them being questioned once more as to the reasons why they failed to attend.

If the individual is ill on that day or is likely to arrive late, this needs to be notified by telephone on the very same day, and the doctor’s note needs to be forwarded by post in case of illness.

If the individual is unable to attend at the time stated in the summons because of the considerable distance to be travelled, and is therefore likely to arrive late, it is necessary to state in writing or telephone at the latest one day in advance the earliest time at which it is possible to attend an appointment. This enables the staff on the spot to plan their appointments better.

The interview

The interviews are not public, but they may be attended by an attorney or by a representative of the United Nations High Commissioner for Refugees (UNHCR), and by a guardian in the case of unaccompanied minors. It is fundamentally possible for another person enjoying the applicant’s trust to attend in order to provide assistance. This individual must be able to identify himself or herself, and may not personally be in the asylum procedure, or their hearing date may not be in the immediate future.

The objective of the interviews is to learn of the individual reasons for flight, to obtain more information and to resolve contradictions. To this end, the decision-makers are familiar with the circumstances prevailing in the applicants’ countries of origin. How long an interview lasts very much depends on the persecution which an individual has suffered and on the applicants themselves.

Applicants are afforded sufficient time during the interview to present their respective reasons for taking flight. They describe their biographies and situations, tell of their travel route and of the persecution which they have personally suffered. They also assess what would await them were they to return to their country of origin. They are obliged to state the truth at all times and to provide any evidence which they have been able to obtain. These may be photographs, documents from the police or other authorities, and possibly also medical reports. The Federal Office may not be able to take facts, incidents or documents which applicants are unable to state or present during the interview into account later or in court proceedings.

The descriptions are interpreted and minutes are taken, and are then translated back for the applicant after the interview. This enables them to add to what they have said, or to make corrections. They are then presented with the minutes for them to approve them by signing them.

The appointment is postponed should problems of understanding or health-related problems occur during the interview.

1. The decision of the Federal Office

The Federal Office decides on the asylum application on the basis of the personal interview and of a detailed examination of documents and items of evidence. The decision rests on the fate of the individual applicant as a matter of principle. It is reasoned in writing, and where appropriate is served on the person concerned, the applicant or the legal representative, as well as on the competent immigration authorities, with a notice on appeals and a translation of the operative part of the decision.

Examination

It may be necessary for further investigations to be carried out in order to clarify the circumstances prior to taking the decision. In order to do so, it is possible to access the Federal Office’s Asylum and Migration Information Centre and its ‘MILo’ database system. The system provides information and analyses on world refugee and migration events, as well as on countries of origin and transit countries. Research can be carried out over and above this for instance by making individual enquiries to the Federal Foreign Office, carrying out language and text analyses (see Identity checks), physical and technical document examination, as well as obtaining medical or other reports. Guidelines for the most important countries of origin provide assistance in decision-making.

Possibilities for decision-making

The Federal Office examines each asylum application on the basis of the German Asylum Act (Asylgesetz) as to whether one of the forms of protection – entitlement to asylum, refugee protection, subsidiary protection or a ban on deportation – applies. If an entitlement to protection exists, applicants receive a positive notice (see Forms of protection).

Only when none of the forms of protection can be considered is the asylum application rejected. A distinction is made here between a simple rejection and a rejection as ‘manifestly unfounded’ (see Termination of residence).

An asylum application is declared to be inadmissible if another Member State is responsible for it (see Examining the Dublin procedure).

Asylum proceedings can also be discontinued. This takes place if

• the asylum application is withdrawn, or

• the person in question does not pursue the proceedings, meaning that they do not appear at the personal interview, their whereabouts are unknown or they have travelled to their country of origin during the asylum proceedings.

Once the asylum proceedings have been finally completed, a renewed asylum application may be filed. This ‘follow-up’ application claims that there has been a change to the factual or legal situation once the non-appealable decision has been handed down (see Initial, Second and Follow-up applications).

1. Appeals against the decision

Applicants only receive a negative notice together with a notice of intention to deport if the conditions for none of the forms of protection – entitlement to asylum, refugee protection, subsidiary protection, or a ban on deportation – apply.

In this case, appeals are available to those concerned. They can take court action against the decision of the Federal Office. The action must be lodged within a short period of time as a matter of principle. It is helpful to appoint legal counsel in most cases. The written notice points out the appeals available and the deadlines. This is known as the notice of appeals (Rechtsbehelfsbelehrung).

The court then examines the decision which the Federal Office has taken, which may take some time. If it concludes that the preconditions for granting protection actually do apply, it rescinds the notice and obliges the Federal Office to provide protection. If the rejection is confirmed with regard to all forms of protection, the action is rejected and the foreigner remains obliged to leave the country. If the individual does not voluntarily comply with their obligation to leave the country, this can also take place coercively, the respective immigration authority being responsible for the return. This also applies if no court action is brought. If a return is not possible, the immigration authority can issue temporary suspension of deportation (Duldung), or indeed a residence permit.

1. The outcome of the asylum proceedings

The final decision of the Federal Office, that is after the conclusion of the asylum proceedings, is followed either by a right of residence or a by right to remain, or by an obligation to depart. The respective immigration authorities are responsible for matters related to termination of residence.