Asylum Act (Germany)

Last Updated on June 1, 2021 by LawEuro

Full citation: Asylum Act in the version promulgated on 2 September 2008 (Federal Law Gazette I, p. 1798), last amended by Article 2 of the Act of 11 March 2016 (Federal Law Gazette I, p. 394)

Chapter 1
Scope of application

Section 1 Scope of application

Chapter 2
Granting protection
Sub-Chapter 1
Asylum

Section 2 Legal status of persons granted asylum status

Sub-Chapter 2
International protection

Section 3 Recognition of refugee status
Section 3a Acts of persecution
Section 3b Grounds for persecution
Section 3c Agents of persecution
Section 3d Agents of protection
Section 3e Internal protection
Section 4 Subsidiary protection

Chapter 3
General information

Section 5 Federal Office
Section 6 Binding effect of decisions under asylum law
Section 7 Collection of personal data
Section 8 Transmission of personal data
Section 9 United Nations High Commissioner for Refugees
Section 10 Provisions concerning delivery
Section 11 Exclusion of administrative appeals
Section 11a Temporary suspension of decisions

Chapter 4
Asylum procedures
Sub-Chapter 1
General rules of procedure

Section 12 Legal capacity of minors
Section 13 Application for asylum
Section 14 Filing an application for asylum
Section 14a Family unity
Section 15 General obligations to cooperate
Section 16 Documenting, establishing and verifying identity
Section 17 Interpreters/translators

Sub-Chapter 2
Initiating the asylum procedure

Section 18 Tasks of the border authority
Section 18a Procedure in case of entry by air
Section 19 Tasks of the foreigners authority and the police
Section 20 Referral to a reception centre
Section 21 Retention and transfer of documents
Section 22 Registration requirements
Section 22a Taking charge of an applicant for the purpose of processing an asylum application

Sub-Chapter 3
Procedure at the Federal Office

Section 23 Filing an application at the branch office
Section 24 Obligations of the Federal Office
Section 25 Hearing
Section 26 Asylum status for families and international protection for family members
Section 26a Safe third countries
Section 27 Safety elsewhere from persecution
Section 27a (repealed)
Section 28 Post-flight reasons
Section 29 Inadmissible applications
Section 29a Safe country of origin; report; authority to issue statutory instruments
Section 30 Manifestly unfounded applications for asylum
Section 30a Fast-track procedures
Section 31 Decisions by the Federal Office on asylum applications
Section 32 Decision in case of withdrawal or abandonment of the application
Section 32a Suspension of the proceedings
Section 33 Abandonment of the proceedings

Sub-Chapter 4
Termination of residence

Section 34 Deportation warning
Section 34a Deportation order
Section 35 Deportation warning in case of inadmissible applications for asylum
Section 36 Procedure in cases of applications for asylum which are inadmissible under Section 29 (1) nos. 2 and 4 which or are manifestly unfounded
Section 37 Further procedure in case of an appeal granted by court decision
Section 38 Deadline for leaving the country in case of rejection for other reasons or withdrawal of the application
Section 39 (repealed)
Section 40 Notification of the foreigners authority
Section 41 (repealed)
Section 42 Binding effect of decisions under foreigners law
Section 43 Enforceability and suspension of deportation
Section 43a (repealed)
Section 43b (repealed)

Chapter 5
Accommodation and distribution

Section 44 Setting up and maintaining reception centres
Section 45 Admission quotas
Section 46 Determination of the responsible reception centre
Section 47 Residence in reception centres
Section 48 Termination of the obligation to reside in a reception centre
Section 49 Release from the reception centre
Section 50 Distribution within a Land
Section 51 Distribution among the Länder
Section 52 Calculation of quotas
Section 53 Collective accommodation
Section 54 Notification of the Federal Office

Chapter 6
Right of residence during the asylum procedure

Section 55 Permission to remain pending the asylum decision (Aufenthaltsgestattung)
Section 56 Geographic restrictions
Section 57 Leaving the area of a reception centre
Section 58 Leaving an assigned area of residence
Section 59 Enforcing geographic restrictions
Section 59a Expiry of geographic restrictions
Section 59b Ordering geographic restrictions
Section 60 Restrictions
Section 61 Employment
Section 62 Medical examination
Section 63 Certificate confirming permission to remain pending the asylum decision
Section 63a Registration certificate for asylum seekers
Section 64 Obligation to have and present identification papers
Section 65 Return of passport
Section 66 Alerts to determine the foreigner’s whereabouts
Section 67 Expiry of permission to remain pending the asylum decision
Section 68 (repealed)
Section 69 (repealed)
Section 70 (repealed)

Chapter 7
Follow-up application, secondary application

Section 71 Follow-up application
Section 71a Secondary application

Chapter 8
Expiry of legal status

Section 72 Cessation
Section 73 Revocation and withdrawal of asylum and refugee status
Section 73a Foreign recognition as a refugee
Section 73b Revocation and withdrawal of subsidiary protection
Section 73c Withdrawal and revocation of deportation bans

Chapter 9
Court proceedings

Section 74 Period within which action must be brought; rejection of late submission
Section 75 Suspensive effect of court action
Section 76 Individual judges
Section 77 Decision by the court
Section 78 Legal remedy
Section 79 Special provisions governing appeals
Section 80 Inadmissibility of complaints
Section 80a Suspension of the proceedings
Section 81 Abandonment of the proceedings
Section 82 Inspection of the files in temporary relief proceedings
Section 83 Special panels of deciding judges
Section 83a Notification of the foreigners authority
Section 83b Court costs, value of the subject matter
Section 83c Procedure for ordering entry and residence bans and for setting time limits for such bans

Chapter 10
Provisions as to punishments for criminal offences and fines

Section 84 Incitement to submit fraudulent applications for asylum
Section 84a Commercial and organized incitement to submit fraudulent applications for asylum
Section 85 Other criminal offences
Section 86 Provisions on fines

Chapter 11
Transitional and final provisions

Section 87 Transitional provisions
Section 87a Transitional provisions for the amendments which entered into force on 1 July 1993
Section 87bTransitional provision for the amendments which entered into force on 1 September 2004
Section 87c Transitional provisions for the amendments which entered into force on 6 August 2016
Section 88 Authorization to issue statutory instruments
Section 88a Provisions as to the administrative procedure
Section 89 Restriction of fundamental rights
Section 90 Authorization to provide health care temporarily
Annex I (ad Section 26a)
Annex II (ad Section 29a)

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