Asylum applications are processed by the Federal Office for Migration and Refugees (BAMF). The federal states are responsible for housing and providing social support for asylum applicants.

Legal basis and responsibilities

The procedure for deciding on asylum applications is mainly governed by Germany’s Asylum Act (Asylgesetz, AsylG). In addition, the rules of the Common European Asylum System (CEAS) apply, in particular the Dublin Regulation, the EURODAC Regulation, the Asylum Procedure Directive, the Reception Conditions Directive and the Qualification Directive.

Relocation and registration

As soon as foreigners seeking asylum contact a government agency authorised to register them (the Federal Police, the state police, a reception centre, BAMF or a foreigners authority), they are photographed and their identity is checked for the record. If they are at least six years old, their fingerprints are taken as well. Their photograph and fingerprints are saved in the central system of core data which is available to the relevant government authorities nationwide.

A man seen from behind as his fingerprints are being taken. (Larger version opens in new window) Source: BAMF

Asylum seekers are relocated to the various federal states according to a formula defined in the Asylum Act. When they arrive in the designated federal state, their identity is checked against the core data system using the Fast Identification system, and they are issued an arrival certificate at the assigned reception centre. The arrival certificate shows that they have been registered and can claim benefits under the Asylum Seekers Benefits Act (Asylbewerberleistungsgesetz, AsylbLG) if they are in need. As soon as they have received an arrival certificate, they have permission to remain in Germany for the purpose of conducting an asylum procedure (Aufenthaltsgestattung), and they have a temporary right of residence in the Federal Republic of Germany until their asylum application has been decided on.

The Dublin procedure

After arriving at the assigned reception centre, asylum seekers submit a formal application for asylum to the responsible branch office of the BAMF. Before the substance of the application is examined, officials first check to see whether, according to the Dublin Regulation, Germany is responsible for processing the asylum application. If they find information indicating that another member state of the European Union or Iceland, Liechtenstein, Norway or Switzerland is responsible for processing the application, the asylum applicant must be transferred to the country that is responsible.

The asylum process in Germany

If Germany is responsible for processing the asylum application, then applicants are invited to an in-person interview, where BAMF case workers (with the help of an interpreter) ask them to explain their reasons for claiming asylum and how they travelled to Germany. The interview is recorded in writing and translated into the asylum applicant's language, and a copy is given to the applicant. The decision on the asylum application is based on the interview and any further investigations as needed. Applicants are notified of the decision in writing and given information on legal remedy.

Types of protection status

In addition to the fundamental right to asylum according to Article 16a of the Basic Law (Grundgesetz, GG), there are three more types of protection status granted according to the Qualification Directive, the Asylum Act and the Residence Act (Aufenthaltsgesetz, AufenthG): refugee status (section 3 of the Asylum Act), subsidiary protection (section 4 of the Asylum Act), and deportation bans (section 60 (5) and (7) of the Residence Act). If the applicant does not qualify for asylum or refugee status, when processing applications, BAMF always checks whether they can be granted subsidiary protection as referred to in section 4 of the Asylum Act or whether there are grounds for a deportation ban.

Residence permits

Foreigners who have been granted protection status are issued a temporary residence permit. This permit gives them many of the same rights as German citizens: in particular, they may claim social assistance benefits, child benefit, child-raising allowance, integration allowance and German language courses as well as other support for integration.

Denial of asylum applications

If their asylum application is denied, applicants are as a rule required to leave Germany.

Suspending deportation for the purpose of vocational training or employment

In recent years, many foreigners have applied for asylum in Germany. As a result, the number of foreigners whose applications for asylum have been denied with no further possibility of appeal and who are therefore required to leave Germany has increased. However, many of them cannot return to their countries of origin for reasons of fact or law or for urgent humanitarian or personal reasons. In this case, they are granted a temporary suspension of deportation (Duldung). The longer their deportation is suspended, the more likely they are to become increasingly integrated in Germany.

Under the Act on Suspending Deportation for Persons in Vocational Training or Employment (Gesetz über Duldung bei Ausbildung und Beschäftigung), foreigners whose deportation is temporarily suspended and who are in vocational training or whose employment enables them to support themselves, and who are well-integrated may, under certain specific conditions and for a defined period of time, be granted a long-term suspension of deportation which gives them a more secure residence status. The necessary conditions include, among other things, that the foreigner’s identity has been established and verified by appropriate documents. Foreigners whose deportation has been suspended because they are in vocational training or employment may obtain a temporary residence permit if they meet certain conditions.

Ein Ingenieur zeigt einem Kollegen etwas (Larger version opens in new window) Source: TomWerner/GettyImages

To ensure that the Act is applied consistently, the Federal Ministry of the Interior and Community has issued guidelines on suspending deportation for the purpose of vocational training or employment.

Asylum consultation procedure

Under section 73 (1a) and (3a) of the Residence Act, data collected or stored to document, establish and verify a person’s identity may be transmitted via the Federal Office of Administration to the Federal Intelligence Service, the Federal Office for the Protection of the Constitution, the Military Counter-Intelligence Service, the Federal Criminal Police Office, the Federal Police and the Customs Criminological Office for a security check.

When asylum seekers and foreigners who have entered or are present in Germany unlawfully are first registered, their identity data are checked against the databases of these security authorities. The Federal Office of Administration consults these security authorities, compiles their responses and makes them available to the necessary authorities. These authorities then decide whether to take action under residence law.