Diasporian News of Friday, 25 July 2014

Source: FRANCIS TAWIAH (Duisburg - Germany)

Who Is Granted (Asylum) Protection In Germany?

Ein Mann versorgt sein Kind auf dem Arm

The fundamental right to asylum is to grant a protection to people who are politically pursued or said to be persecuted. Such people can stay for a limited or unlimited period in Germany. The asylum procedure then decides upon individual statements submitted by applicants. In case of refusal, it is checked whether the Geneva Convention should be applied for a consideration or not, depending on the applicant and application submitted. The right of asylum is therefore a little bit complicated because not every refugee is granted a protection according to the international asylum Regulation.

Who can apply for asylum in Germany?

According to the constitution all persons who are being pursued politically or said to be persecuted or declared wanted, are eligible to apply through the fundamental right to asylum for protection. A victim of political persecution is a person who has been exposed to targeted and intensive exclusionary rights violations and was forced therefore to leave his home country and seek protection abroad or outside his/her own country.

The persecution must be directly related to ones own race, religion, nationality, membership of a particular social group or political opinion. General emergency situations such as a famine or environmental disasters are not recognised as asylum or reason for flight. If applied for asylum, the persecution must come from the state or attributable to the person.

In recognition of refugee status, tracking can also come from non-state actors, according to the Geneva Convention. There are also some restriction of the fundamental right to asylum such as those who enter from a Member State of the European Union (EU) or a so-called safe third country outside the EU, such as Switzerland or Norway, can not invoke the right of asylum in Germany. This simply means applicants who first enter any of the save countries like Switzerland or Norway and thereafter proceed to Germany to apply for a political Asylum may not be considered or granted a protection. Moreover if one happens to be a fugitive on the Mediterranean without entry permit to Italy and subsequently arrived in Germany, the person might be sent back to Italy to make his/her application for asylum there.

Where can an asylum seeker put in his asylum application in Germany?

In Germany, an applicant may be recognised as asylum-seeking at every government agency, including the police. There are also about 20 social facilities(houses as centres) with reception offices in different towns where one can apply 24/7 hours (day and night). Those are the places where one can make a formal application for asylum.

Who determines the asylum procedure in Germany?

Determining authority is the Federal Office for Migration and Refugees (Bundesamt für Migration und Flüchtlinge, BAMF), which in each of the reception centres in Germany has an office. There, the refugees are interviewed by the determining authority on their escape reasons and the date of their flight. The refugees then get in the first instance a temporarily residence permit. So they are allowed to stay in Germany, until provision is made for asylum. After about three months they leave the recording device and are assigned according to a specific distribution key of a city or a county. They are then responsible for their own accommodation. Refugees can sometimes make wishes as to where they want to go? Some want to be housed there or where their relatives live, for instance in the case of a spouse or minor children, priorities shall be taken into consideration to allow them stay together with their relatives or family. How long does it take until an application for asylum to be granted or recognised?

According to the Federal Office for Migration and Refugees (BAMF) it takes an average of 15 months but usually 43 percent of the procedures, however are completed within six months. Nevertheless some take sometimes several years. Do you have to pay for the asylum process something? No! The cost of the asylum procedure is covered by the state. However, if there are complaints against a refusal and the applicant seeks a legal aid, then he /she as a plaintiff must cover the lawyer's bill. must pay the plaintiff often. Learn more about this in an interview with a lawyer. Can a refugee apply to stay for good in Germany? If someone is recognised under the Basic Law as entitled to asylum or the Geneva Convention as so-called convention refugee, he or she receives the first right of residence for three years. It is then checked again if the situation in his/her country has changed that a return would be possible. If this is the case, then may be revoked recognition as a Convention refugee or asylum status. A subsequent revocation is possible if conditions change.

Can asylum seekers work in Germany?

Since 2001, the labour ban for asylum seekers is loosened. However, they may start work only after a vesting period of one year. And even then only if no German or a national of another EU state is available for work. What are asylum seekers means of existence as long as they can not work or have no job?

They usually live in a community property with benefits in kind for food, personal care and health. In addition with a monthly allowance of about 40 euros. If they do not live in a community property, they receive money or vouchers. It is based on the Asylum Seekers Benefits Act. The standard rate for asylum seekers is well below the standard rate for unemployed people who receive unemployment benefit II. [Update July 18, 2012] The Federal Constitutional Court tilts this scheme and stipulates that asylum seekers (inside) and tolerated refugees must get more money from now on. The services must be based on the German employment laws (Hartz IV sets).