Apply For Asylum In Germany!

Applying for asylum can be long and complicated. Know Here how you can Apply For Asylum In Germany.

How will the status in Germany determine?

How long you can stay in Germany depends on the asylum application process. To start this process, you need to register first. Then you can apply for asylum. The only place to do the whole process is at your local branch. The Federal Office for Migration and Refugees. Then there would an interview was conducted. Where you will explain why you fled your country.  And why you don’t want to return. Your reasons were recorded in writing.

You can find BAMF branch offices here

How long does it take?

The application was processed within a few months. Every applicant has a clerk. That’s why the applications of family members aren’t all dealt with at the same time.

What is my status?

The status depends on the route you took to get here. And if you get recognized as a refugee for asylum. You were allowed to staying in Germany. Refugees get a permanent house permit after several years.

Who is not recognized?

Those who come from “Safe States of Origin”. They are not likely to grant asylum in Germany.  Those who are applying for asylum for economic reasons are also rejected. The rejection was delivered in written form. The letter will inform the person who has to leave Germany.

How do I pay for food?

Refugees spend their initial months in Germany. This is known as an “initial aid facility.” It is a large and fenced-in property. It has police, doctor, cafeteria, and dorms. You will receive three meals, clothing, and hygiene items.

After then you were assigned to a city. You cannot choose the place. This can be a bed in a group facility.

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Apply For Asylum

Asylum procedure

  • Information for asylum seekers:  The start of operations of center on 1 August 2018. A new practice of “independent counseling” for the seekers was initiated.
  • Dublin: The BAMF issued 54,910 Dublin requests. Implemented 9,209 transfers. If the applicant fails to be present for the appointment. It extends the transfer deadline from 6 to 18 months.
  • Deportations after the refusal:  It aims to ease the immediate removal of “Dublin cases”. Returns take place without a procedure. Because they are not based on the Dublin Regulation. The refusal of entry through arrangements with the other EU Member States.

 

Application process and registration

Regardless of the special rules applicable only in the border region. Asylum seekers who have already entered the territory send most applications. In this case, the law allows asylum seekers to “report immediately” to a “receiving center.” They are also allowed to report to the police station or office of the Foreign Authority. The asylum application must get submitted “immediately”. After this first communication with the authorities. There is no strict concept of an “imminent” submission. And for applications submitted at a later date, there are no guidelines for exclusion. A delay in the submission of the request may get considered.

If the applicants have told the above-mentioned “reception center,”. An “arrival certificate” is given (Ankunftsnachweis). Through the distribution mechanism known as Initial Distribution of Asylum Seekers. The responsible branch office of the BAMF got decided.

This scheme allocates places based on reception capacities. Also, the EASY system considers which division of the BAMF dealt. It is with the country of origin of the asylum seeker. It is also likely that the system may divide a position in the facility reported by asylum seekers.

In that case, the filing of the asylum application must refer to the BAMF office. Sometimes situated on or near the same premises. Where a facility in another country gets allocated by an EASY scheme. The asylum seeker will transport to the facility or will get tickets there alone.

The BAMF handles processing the asylum application. It is the Federal States which are responsible for the receiving of asylum seekers. So, a first receiving center operated by the Federal State assigned to the regional offices of BAMF.

The arrangement of these entities depends on the organization of the reception system. BAMF alone has the right to lodge a request for asylum. So, asylum seekers applying to the police or other jurisdiction gets referred to the BAMF. They don’t have the legal position as an asylum until their applications get registered.

And, in the BAMF’s headquarters. Asylum seekers are obliged to appear in person at the responsible office of the BAMF. Asylum seekers who do not meet this duty face the penalty of the asylum system for ‘failure to pursue.’ The process of asylum may then drop before the asylum procedure has begun. Delayed registration problems got reported in recent years.

Check your request

Upon arrival at the BAMF’s responsible branch. The asylum seekers send their requests with BAMF. After that, the application gets submitted. An ‘asylum seekers’ residency permit gets granted. This document ceases to be legitimate and the authorities have to cancel.

General (scope, deadlines)

The BAMF is the responsible body for asylum decision-making. Its roles and obligations include organizing integration courses or general immigration studies. In the areas of refugees, resettlement, and return. The BAMF is also functioning as the national administrative office for European Funds.

Limits of Time

There is no time limit imposed by statute for the BAMF to act on a request. In case no decision is reached in 6 months. Asylum seekers must be informed by the BAMF on request when the decision is likely is taken.

At the end of 2019, a total of 57,012 pending requests were at the Federal Office. This figure is approximately the same as at the end of 2018. 58,325 applications were pending in 2018 and marked a 2.3% decrease.

The BAMF took an average of 6.1 months in 2019. This average time of 10,7 months was close to that for years before, except for 2017. An average asylum procedure before the final decision could make.

The BAMF had clarified that the rise in 2017 was due to the government’s backlog of cases.
In 2018, there were 17.6 months, stated by the government. Although no equal statistics were available for 2019.

Interview

  • The BAMF interviews each applicant. It is for asylum during the normal process. The interview can only get dispensed within extraordinary cases where:
  • Based on the evidence available, the BAMF aims to recognize the right to asylum;
  • The claimant argues that the Secure Third Country has entered the territory
  • An application got filed based on case files of one parent or both parents. It is for the children under 6, born in Germany “and” whether the details of this case got clarified.
  • Without an appropriate excuse, the applicant does not appear in the interview.

Since 2016, the legislation also has a clause entitled “If a large number of foreigners apply. Interviews may perform” with officials from other institutions.

Interpretation: Interpretation

An interpreter is required for the interview by law.
The BAMF hires its interpreters.

In 2017, the BAMF reported that the protocol for deploying interpreters got changed. It is after discussion of the accuracy of the translations during the interviews. For instance, a new online modular training and in-house training program get created. The training program now needs to get completed by skilled and hired interpreters.

Also, to basic asylum knowledge and general communication skills. There will be several training modules dealing with details of an asylum interview. Such as “the interpreter ‘s position during the interview” caused by asylum seekers.” Many language interpreters now need the specialized skills of the German language. Level C1 of the Standard European Language System of Reference. Also, the BAMF claimed that a complaint management framework got developed.

The BAMF has issued an interpreter Code of Conduct. BAMF interpreters must undertake many principles. To provide detailed and correct translations. And to explain misunderstandings including competence, qualification, professional and financial freedom. With the adoption of the new definition in 2017, more than 2100 interpreters. Due to a lack of language skills found unfit for work. The interpreters found to violate the code of conduct in three hundred cases to be infirm.

Interview 

A list of all questions and responses are included in the transcript of the interview (i.e., not the wording). It is usually taken from an interview tape recording and available only in German. The translator is also responsible for translations of the transcript. That is present during the personal interview. Any error or confusion is the requester’s right. The applicant stated that, by signing the transcript. He/she had the opportunity to submit all the important documents. It had no communication issues and the opportunity to read transcripts in the applicant’s language.
But, suspected inconsistencies in the text also lead to problems at later stages. For example, concerns about asylum seekers’ credibility are often based on their claims. But, there may be errors or caused by the translation in the German wording of the transcript. For eg, at the end of the session, the transcript is usually re-traduced by the same translator.
On this occasion, interpreters are more than likely to replicate the mistakes. And so it is difficult to distinguish errors in the German transcript. After that, those errors are very difficult to correct. Since the transcript is the only record of the interview. The interview recording gets removed from the video.

Asylum seekers are also asked if the text can be retranslated. Few asylum seekers insist on the translation and, as stated in observations of a group of 12 German NGOs.

Interviews at BAMF also got criticized for being too simplistic. It is not enough to test the truth of the case. It has, in particular, stated that there are no further issues about incoherence.
For this reason, in the latter stages, it is not possible to determine incoherences that occur.

Appeal

Administrative Court Challenge

An appeal must get brought to the normal Administrative Court. It is against the refusals of asylum applications. There are 50 administrative courts, of which there are 47 competent to deal with asylum. The competent law court is the court of geographical jurisdiction for the asylum seeker. Administrative court cases get usually divided into two groups.

Simple refusal

An appeal must be lodged with the Administrative Court within two weeks. The consequence of this appeal is suspensive. It does not have to be proved at once because the appellant has one month to present arguments and facts. Moreover, the standard practice is to either create a deadline.

Rejection as unfounded:

Section 30 of the Act, provides a variety of explanations of why the application gets denied. Among other things, the claimant’s unfounded or conflicting claims. The misrepresentation or non-identification of his name. See the Process for inadmissibility decisions.
 
If applications for asylum get denied as “baseless”. The duration of time for appeals must get shortened to 1 week. As in these cases, all appeals and the request for the reintroduction of a suspensive effect. It got referred to a court within 1 week. It is necessary to explain the request to restore suspension.

The brief times in which asylum seekers get refused. These are difficult to fulfill. And an appointment with lawyers or councilors may not get reached during that period. Thus, there have been arguments for the effect. That the 1-week duration does not provide adequate remediation. And could constitute an infringement of the German Constitution[27].

The Court of Administration discusses the facts of the case.
This requires a personal hearing of the claimant for asylum. Courts must, on their initiative, get relevant facts. Judges are not bound by precedent under the theory of civil law. Court decisions are usually open to the public.

A drastic rise in the number of appeals filed in 2017. It is still possible due to the increase in the mean length of appeal proceedings. 361.059 lawsuits in the Administrative Courts were pending at the end of 2017. This backlog also appears, with 252,250 cases unresolved at the end of 2019 (compared to 310,959 at the end of 2018.

Legal Advice

Asylum seekers in Germany are not provided with legal protection. Welfare organizations or other NGOs provide facilities free of charge. That includes basic legal advice. Welfare organizations or refugee councils have daily office hours in receiving centers. Including AnkER, as well as asylum seekers, which are within easy reach of the centers. These facilities are, but, not always accessible in either center. So interviews are most performed before asylum seekers had the opportunity to contact. or a lawyer. No system guarantees that asylum seekers have before the interview.
A new provision of the Asylum Act got established by the “Order-Return-Law”. The first step includes group seminars with detailed information about the asylum process. As well as about return proceedings and, in the second stage, individual consultation sessions could conduct. This provision developed a two-phase strategy for “voluntary and autonomous State advising.” The government made it clear but that it did not intend to commission welfare organizations. But to expand the services only provided by staff members of BAMF in Germany, on its behalf. The government also pointed out that the Asylum Procedures Consulting Service.

First-instance legal aid

The accessibility of legal advice would rely on the place of the house. It is until asylum seekers got removed from the original reception centers. And relocated to different accommodation. For example, rural asylum seekers might have to travel long distances.

During asylum proceedings, NGOs do not have the right to represent their clients. Asylum seekers got represented by a lawyer. During the initial hearings at the BAMF, but they have no access to free legal aid. And must also pay their own lawyer’s fees at this level.

Legal support for appeals

Asylum seekers can request legal help during court proceedings. It is to pay for an attorney. It is up to the Judge to offer legal advice. Since the likelihood of success gets measured. The “merit test” will get administered by the same magistrate. That is who gets expected to rule on the case itself. And is reportedly enforced by many Courts. Some lawyers are, thus, not always recommended to apply for legal aid. Since they worry about unfavorable legal aid decisions.

Also, in the case of legal aid, it may take some time to make decisions. So that attorneys have to accept a case daily before deciding whether the legal aid gets granted. Lawyers also contend that legal aid charges do not cover their costs.

So, it should usually be difficult for law firms to specialize only in asylum cases. The majority of lawyers in this sector got trained in further fields. While others charge higher fees depending on their customer agreements.

An appeal may get made without being represented by a lawyer. It is against the denial of the request for asylum by an administrative court. But, from the second level of appeal on, representation is necessary.

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