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)
This statute shall serve to transpose into national law the following directives:
1. Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers in Member States (OJ EU J L 31, p. 18)
2. Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third-country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted (OJ EU L 304, p. 12)
3. Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status (OJ EU L 326, p. 13)
Chapter 1
Scope of application
Section 1
Scope of application
(1) This Act shall apply to foreigners applying for:
1. protection against political persecution under Article 16a (1) of the Basic Law, or
2. international protection under Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (OJ EU L 337 of 20 December 2011, p. 9); international protection within the meaning of Directive 2011/95/EU comprises the protection against persecution under the Convention of 28 July 1951 on the legal status of refugees (Federal Law Gazette II pp. 559, 560) and subsidiary protection within the meaning of the Directive; international protection granted under Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third-country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted (OJ EU L 304, p. 12) is equivalent to international protection as defined in Directive 2011/95/EU; Section 104 (9) of the Residence Act shall remain unaffected.
(2) This Act shall not apply to displaced foreigners as defined in the Act on the Legal Status of Displaced Foreigners in the Federal Territory in the applicable revised version published in the Federal Law Gazette Part Ill, no. 243-1.
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