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Immigration Law: The Process and Requirements of the German Asylum Procedure
The Federal Office for Migration and Refugees (BAMF) is the central authority responsible for conducting the asylum procedure in Germany. The BAMF’s headquarters is located in Nuremberg.
Currently, the BAMF operates around 60 branch offices across Germany, which are responsible for the individual processing of asylum applications. Each of the sixteen federal states has at least one branch office.
The examination of asylum applications is conducted based on the Asylum Act (AsylG). In this examination, it is determined whether one of the four protection forms is applicable: recognition of asylum status (Article 16a of the Basic Law), granting of refugee protection (§ 3 AsylG), granting of subsidiary protection (§ 4 AsylG), or determination of a deportation ban (§ 60 paragraphs 5 or 7 of the Residence Act – AufenthG). If none of these protection forms apply, the asylum application is rejected.
Registration as an Asylum Seeker
An asylum seeker can register at any police station, immigration office, or in a reception center or an AnkER facility. Registration directly at a reception facility is also possible (§ 22 AsylG).
After registration, the asylum seeker undergoes a fingerprinting process, during which their personal data and fingerprints are stored in a central computer system (§ 16 AsylG). These data are compared with the Central Register of Foreigners and the Federal Criminal Police Office to determine whether it is a first application, a subsequent application, or a multiple application. It is also checked whether another EU country is responsible for the asylum procedure under the Dublin Regulation.
As proof of registration, asylum seekers receive a proof of arrival document, which serves as a temporary residence permit. This entitles them to stay in Germany and to receive state benefits such as accommodation, medical care, and food.
The Formal Asylum Application
The formal asylum application is made at the reception facility indicated in the proof of arrival. This requires the asylum seeker to appear in person at the responsible BAMF branch office (§ 23 paragraph 1 AsylG).
At the time of the application, there is usually no questioning about the reasons for fleeing; this is conducted during a separate appointment known as the hearing. After the application is submitted, the asylum seeker receives a residence permit (§ 55 AsylG in conjunction with § 63a AsylG), which is valid for the duration of the asylum procedure and can be renewed every six months.
The Hearing in the Asylum Procedure
The hearing is the central part of the asylum procedure. Here, the asylum seeker must explain in detail why they left their home country and what dangers they face if they return. The credibility of the information is crucial to the decision on the asylum application.
The asylum seeker has the right to be heard in their native language, with the BAMF providing an interpreter. They may also be accompanied by an asylum lawyer.
Period After the Asylum Application is Submitted
After submitting the asylum application, applicants receive a residence permit, which certifies their lawful stay in Germany. Persons with a low prospect of remaining must stay in the reception facilities until their application is decided and are subject to a residence obligation. During this time, they are not allowed to work or leave the designated area unless the BAMF grants an exemption.
Persons with a good prospect of remaining are also subject to the residence obligation, which, however, expires after three months.
Legal Remedies Against the Decision
If the BAMF does not grant protection, the asylum seeker receives a rejection notice, which is usually accompanied by a deportation order. An appeal can be filed against this decision, but the deadline for filing an appeal, stated in the notice, is often very short. Therefore, quick action is required.
Important Notice: The content of this post has been created to the best of our knowledge and understanding. However, the complexity and constant change of the subject matter make it necessary to exclude liability and warranty.
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