Last Updated on June 1, 2021 by LawEuro
Asylum Act (Germany)
Chapter 4
Asylum procedures
Sub-Chapter 1
General rules of procedure
Section 12
Legal capacity of minors
(1) A foreigner who is of full legal age shall be capable of performing procedural actions pursuant to this Act, provided that he or she would not be legally incapacitated in accordance with the Civil Code or would not require supervision and prior approval in this matter.
(2) In applying this Act, the provisions of the Civil Code shall determine whether a foreigner is to be regarded as a minor or an adult. If a foreigner is of age under the law of his home country, his legal capacity and capacity to contract shall remain unaffected.
(3) Except as provided by a contrary decision of the family court, either parent shall be authorized to represent a minor child in the asylum procedure if the other parent does not reside in the federal territory or if his place of residence in the federal territory is not known.
Section 13
Application for asylum
(1) An asylum application shall be deemed to have been made if it is clear from the foreigner’s written, oral or otherwise expressed desire that he is seeking protection in the federal territory from political persecution or that he wishes protection from deportation or other removal to a country where he would be subject to the persecution defined in Section 3 (1) or serious harm as defined in Section 4 (1).
(2) Every application for asylum shall constitute an application for recognition of entitlement to asylum and to international protection within the meaning of Section 1 (1) no. 2. The foreigner may limit the application for asylum to the application for international protection. He shall be informed of the consequences of such limitation. Section 24 (2) shall remain unaffected.
(3) Any foreigner who does not have the necessary entry documents shall apply for asylum at the border (Section 18). In the case of unauthorized entry he shall immediately report to a reception centre (Section 22) or apply for asylum with the foreigners authority or with the police (Section 19).
Section 14
Filing an application for asylum
(1) The application for asylum shall be filed at the branch office of the Federal Office assigned to the reception centre responsible for receiving the foreigner. The Federal Office, in consultation with the body designated by the supreme Land authority, may require the foreigner to file his asylum application at another branch office. Before filing the application, the foreigner shall be informed in writing and shall acknowledge receipt of the information that following the withdrawal or incontestable rejection of his application the issuing of a residence title will be subject to restrictions in line with Section 10 (3) of the Residence Act. This information shall be provided without delay in the cases listed in subsection 2, first sentence, no. 2.
(2) The asylum application shall be made at the Federal Office, if the foreigner
1. holds a residence title with an overall validity of more than six months;
2. is under arrest or other official custody, in a hospital, a sanatorium or an asylum, or in a youth welfare institution, or
3. is a minor and his legal representative is not required to live in a reception centre.
The foreigners authority shall immediately transmit any written application it has received to the Federal Office. The Federal Office shall determine the branch office responsible for processing the asylum application.
(3) If, in the case of subsection 2, first sentence, no. 2, the foreigner is in
1. detention pending trial,
2. prison,
3. custody preparatory to deportation pursuant to Section 62 (2) of the Residence Act,
4. detention pending deportation pursuant to Section 62 (3), first sentence, no. 1 of the Residence Act because he has stayed in the federal territory for longer than one month without a residence permit after entering the country illegally,
5. detention pending deportation under Section 62 (3), first sentence, nos. 1a to 5 of the Residence Act,
an application for asylum shall not hinder the ordering or continuation of custody awaiting deportation. The foreigner shall be given an opportunity without delay to contact a legal adviser of his choice unless he has already secured legal counsel. Custody awaiting deportation shall be terminated as soon as the decision of the Federal Office has been delivered and no later than four weeks after the Federal Office has received the application for asylum, unless another country has been requested to admit or re-admit the foreigner on the basis of European Community law or an international treaty on the responsibility of processing asylum applications, or unless the application for asylum has been rejected as inadmissible in line with Section 29 (1) no. 4 or one that is manifestly unfounded.
Section 14a
Family unity
(1) When an application for asylum is filed in accordance with Section 14, the application shall also include each unmarried minor child of the foreigner that resides in the federal territory at the time without the right to freedom of movement or without a residence title, if the child had not already filed an application for asylum.
(2) If a foreigner’s unmarried minor child enters the federal territory or is born here after the foreigner has applied for asylum, the Federal Office shall be notified immediately if one parent has permission to remain pending the asylum decision (Aufenthaltsgestattung) or is residing in the federal territory after the asylum procedure has been completed without a residence title or with a temporary residence permit (Aufenthaltserlaubnis) pursuant to Section 25 (5) of the Residence Act. Such notification shall be the responsibility of both the child’s representative as defined in Section 12 (3) and the foreigners authority. As soon as the Federal Office has received the notification, the application for asylum shall be considered filed on behalf of the child.
(3) The child’s representative as defined in Section 12 (3) may waive the processing of an asylum application for the child until the decision of the Federal Office is delivered by stating that the child faces no threat of persecution as defined in Section 3 (1) or serious harm as defined in Section 4 (1). Section 13 ( 2), second sentence, shall apply accordingly.
(4) Subsections 1 to 3 shall also apply if the application for asylum was filed before 1 January 2005 and the child stayed in the federal territory at that time, arrived later or was born here.
Section 15
General obligations to cooperate
(1) Foreigners shall be personally required to cooperate in establishing the facts of the case. This shall apply also to foreigners represented by an authorized adviser.
(2) The foreigner shall be required in particular to
1. provide the necessary information orally, and on request also in writing, to the authorities responsible for implementing this Act;
2. inform the Federal Office without delay if he has been granted a residence title;
3. comply with statutory and official orders which require him to report to specific authorities or institutions or to appear there in person;
4. present, hand over and surrender his passport or passport substitute to the authorities responsible for implementing this Act;
5. present, hand over and surrender all necessary certificates and any other documents in his possession to the authorities responsible for implementing this Act;
6. cooperate, if he does not have a valid passport or passport substitute, in obtaining an identity document;
7. undergo the required identification measures.
(3) Necessary certificates and other documents within the meaning of subsection 2, no. 5 shall include in particular
1. all certificates and documents apart from the passport or passport substitute which might aid in establishing the foreigner’s identity and nationality,
2. visas, residence permits and other border-crossing documents issued by other countries,
3. air tickets and other transport tickets,
4. documents concerning the travel route from the home country to the federal territory, the means of transport used and time spent in other countries after leaving the country of origin and before entering the federal territory, and
5. all other certificates and documents which the foreigner uses to substantiate his claim or which are relevant for the decisions and measures to be taken under asylum and foreigners law, including the decision and enforcement of possible removal to another country.
(4) The authorities responsible for implementing this Act may search the foreigner and the items he carries with him if he fails to comply with his obligations under subsection 2, nos. 4 and 5 above, and if there are indications that he has such documents. The foreigner may be searched only by a person of the same sex.
(5) The withdrawal of the asylum application shall not terminate the foreigner’s obligation to cooperate.
Section 16
Documenting, establishing and verifying identity
(1) Identification measures are to be taken to verify the identity of foreigners requesting asylum. To do so in line with the first sentence they may only be photographed and the prints of all ten fingers be taken; foreigners below age 14 may only be photographed. In order to determine the foreigner’s country or region of origin, the foreigner’s oral statements may be recorded on audio and data media other than at his formal hearing. Such recordings may only be made if the foreigner is informed beforehand. These recordings shall be kept at the Federal Office.
(1a) In order to check the authenticity of the foreigner’s document or identity, the biometric and other data stored electronically within the passport, official passport substitute or other identity documents may be read, the necessary biometric data obtained from the foreigner and compared with the biometric data from the document. Biometric data pursuant to sentence 1 shall include only fingerprints, photograph and iris scan.
(2) Responsibility for the measures pursuant to (1) and (1a) shall rest with the Federal Office and, if the foreigner applies for asylum there, also with the authorities referred to in Sections 18 and 19 as well as with the reception centre where the foreigner registers.
(3) The Federal Criminal Police Office shall assist in evaluating the data obtained pursuant to subsection 1, first sentence for the purpose of establishing identity. For this purpose it may also use identity records that it has stored in order to carry out its duties. The Federal Criminal Police Office may not inform the authorities listed in subsection 2 why these records are being stored, unless other regulations provide otherwise.
(4) The Federal Criminal Police Office shall file data obtained under subsection 1, first sentence separately from other identity records.
(4a) Data obtained pursuant to subsection 1, first sentence for purposes of establishing the identity or nationality of the foreigner may be transmitted to the Federal Office of Administration in order to compare them with data pursuant to Section 49b of the Residence Act. Section 89a of the Residence Act shall apply accordingly.
(5) The processing and use of data obtained pursuant to subsection 1 shall also be permitted for the purpose of establishing the foreigner’s identity or identifying evidence for purposes of criminal prosecution and threat prevention. The data may furthermore be used in order to identify unknown or missing persons.
(6) Data obtained pursuant to subsection 1 shall be destroyed ten years after the enforceable completion of the asylum procedure; data obtained pursuant to subsection 1a shall be destroyed without delay after verifying the authenticity of the foreigner’s document or identity.
Section 17
Interpreters/translators
(1) If the foreigner does not have sufficient command of the German language, an interpreter, translator or other language mediator shall be provided at the hearing as standard procedure in order to translate into the foreigner’s native language or another language which the foreigner can reasonably be supposed to understand and in which he can communicate.
(2) The foreigner shall have the right to call in, at his own expense, a suitable interpreter/translator of his choice.
Sub-Chapter 2
Initiating the asylum procedure
Section 18
Tasks of the border authority
(1) Any foreigner requesting asylum with an authority charged with police supervision of cross-border traffic (border authority) shall immediately be referred to the competent reception centre, or, if that is not known, to the nearest one, for the purpose of registration.
(2) The foreigner shall be refused entry if
1. he enters from a safe third country (Section 26a);
2. there are indications that another country is responsible for processing the asylum application based on European Community law or an international treaty and proceedings to admit or re-admit have been initiated, or
3. he poses a threat to the general public, because he is subject to an enforceable custodial sentence of at least three years’ imprisonment in the Federal Republic of Germany on account of a particularly serious criminal offence and if he left the country less than three years previously.
(3) The foreigner shall be removed if the border authority finds him near the border immediately before or after an illegal entry and if the conditions in subsection 2 apply.
(4) If a foreigner enters from a safe third country (Section 26a), the authorities shall refrain from refusing entry or from removing the foreigner if
1. the Federal Republic of Germany is responsible for processing an asylum application based on European Community law or an international treaty with the safe third country, or if
2. the Federal Ministry of the Interior has so ordered on humanitarian grounds, for reasons of international law or in the political interests of the Federal Republic of Germany.
(5) The border authority shall take the foreigner’s photograph and fingerprints.
Section 18a
Procedure in case of entry by air
(1) In the case of foreigners from a safe country of origin (Section 29a) who wish to enter via an airport and apply for asylum with the border authority, the asylum procedure shall be conducted prior to the decision on entry, if the foreigner can be accommodated on the airport premises during the procedure or cannot be accommodated on the airport premises only because of a necessary hospital stay. The same applies to foreigners who request asylum from the border authorities at an airport and who are unable to prove their identity with a valid passport or other means of identification. The foreigner shall immediately be given the opportunity to file an asylum application with the branch office of the Federal Office assigned to the border checkpoint. The Federal Office shall interview the foreigner in person without delay. The foreigner shall immediately thereafter be given the opportunity to contact a legal adviser of his choice, unless he has already secured legal counsel. Section 18 (2) shall remain unaffected.
(2) If the Federal Office rejects the asylum application as manifestly unfounded, the Federal Office shall warn the foreigner pursuant to Sections 34 and 36 (1) that he will be deported should he enter the country.
(3) If the asylum application is rejected as manifestly unfounded, the foreigner shall not be allowed to enter the country. The decisions of the Federal Office together with the refusal of entry shall be delivered by the border authority. The border authority shall immediately send a copy of its decision and the administrative file of the Federal Office to the competent administrative court.
(4) Any application for temporary relief pursuant to the Code of Administrative Court Procedure shall be filed within three days from the date the decisions of the Federal Office and of the border authority are delivered. The application may be filed with the border authority. The foreigner shall be informed of this. Section 58 of the Code of Administrative Court Procedure shall be applied accordingly. The decision should be issued in writing. Section 36 (4) shall be applied. If an application is filed on time, the refusal of entry shall not be enforced prior to the court decision (Section 36 (3), ninth sentence).
(5) Any application pursuant to subsection 4 shall be aimed at the granting of entry and, in the case of entry, against the deportation warning. The court order allowing the foreigner to enter the country shall at the same time serve to suspend deportation.
(6) The foreigner shall be allowed entry if
1. the Federal Office informs the border authority that it is not able to decide the case within a short time;
2. the Federal Office has not taken a decision on the asylum application within two days of its being filed;
3. the court has not taken a decision on an application pursuant to subsection 4 within two weeks, or
4. the border authority has not requested detention as required by Section 15 (6) of the Residence Act or the judge has refused to order or extend detention.
Section 19
Tasks of the foreigners authority and the police
(1) Any foreigner requesting asylum at a foreigners authority or the police of a Land shall, in cases pursuant to Section 14 (1) above, immediately be referred to the competent reception centre, or, if that is not known, to the nearest one, for the purpose of registration.
(2) The foreigners authority and the police shall take the foreigner’s photograph and fingerprints (Section 16 (1)).
(3) A foreigner who has entered the country without authorization from a safe third country (Section 26a) may be removed to such country without previously being referred to a reception centre in accordance with Section 57 (1) and (2) of the Residence Act. In this case the foreigners authority shall order the foreigner to be removed as soon as it has been ascertained that the removal can be carried out.
(4) Provisions on arrest and detention shall remain unaffected.
Section 20
Referral to a reception centre
(1) Pursuant to Section 18 (1) or Section 19 (1), foreigners shall be required to comply with a referral to a reception centre immediately or by the deadline specified by the relevant authority. If the foreigner fails to comply with the requirement in the first sentence, Section 33 (1) (5) and (6) shall apply accordingly. This shall not apply if the foreigner proves, without delay, that the failure was due to circumstances beyond his control. The authority with which the foreigner requests asylum shall inform him in writing of the obligation pursuant to the first sentence and the legal consequences, and the foreigner shall acknowledge receipt of this information. If it is impossible to inform the foreigner pursuant to the fourth sentence, the foreigner is to be escorted to the reception centre.
(2) The authority referring the foreigner to a reception centre shall immediately inform the reception centre in writing of the referral, the asylum request and the information provided to the foreigner pursuant to subsection 1, fourth sentence. The reception centre shall immediately, or no later than one week after receiving the information pursuant to the first sentence, inform the assigned branch office of the Federal Office of whether the foreigner has been admitted to the reception centre and shall send the information pursuant to the first sentence above.
Section 21
Retention and transfer of documents
(1) Any authority referring a foreigner to a reception centre shall take into custody the documents pursuant to Section 15 (2) nos. 4 and 5 and transmit them to the reception centre without delay.
(2) If a foreigner reports directly to the reception centre responsible for receiving him, the documents shall be taken into custody by the reception centre.
(3) The reception centre responsible for receiving the foreigner shall forward the documents without delay to the assigned branch office of the Federal Office.
(4) Copies of the documents taken into custody shall be provided to the foreigner on request.
(5) The documents shall be returned to the foreigner when they are no longer needed for the asylum procedure or for measures terminating residence.
Section 22
Registration requirements
(1) Any foreigner required to file his asylum application with a branch office of the Federal Office (Section 14 (1)) shall register in person at a reception centre. This centre shall receive him or refer him to the reception centre responsible for receiving him; in case of referral, the foreigner’s fingerprints and photograph shall be taken, if possible.
(2) The Land government or its designated agency may determine that
1. registration pursuant to subsection 1 shall be effected at a specific reception centre,
2. any foreigner referred from another Land shall initially report to a specific reception centre.
The foreigner’s fingerprints and photograph shall be taken during his stay in the specific reception centre referred to in the first sentence. In cases where the provisions of Sections 18 (1) and 19 (1) above apply, the foreigner shall be referred to this reception centre.
(3) Pursuant to subsection 1, second sentence, or subsection 2, foreigners shall be required to comply with a referral to the responsible reception centre immediately or by the deadline specified by the reception centre. If the foreigner fails to comply with the requirement in the first sentence, Section 33 (1) (5) and (6) shall apply accordingly. This shall not apply if the foreigner proves without delay that the failure was due to circumstances beyond his control. Section 20 (1), fourth sentence, and subsection 2 shall apply accordingly.
Section 22a
Taking charge of an applicant for the purpose of processing an asylum application
Any foreigner who has been admitted under European Community law or an international treaty for the purpose of processing an asylum application shall have the same status as a foreigner who has applied for asylum. The former shall be required to proceed, upon or immediately after entry, to the agency named by the Federal Ministry of the Interior or by its designated agency.
Sub-Chapter 3
Procedure at the Federal Office
Section 23
Filing an application at the branch office
(1) Any foreigner who has been received by the reception centre shall be required to appear in person and without delay or at the date determined by the reception centre at the branch office of the Federal Office for the purpose of filing his asylum application.
(2) If the foreigner fails to comply with the requirement stipulated in subsection 1, Section 33 (1) (5) and (6) shall apply accordingly. This shall not apply if the foreigner proves without delay that the failure was due to circumstances beyond his control. The reception centre shall inform the foreigner in writing of these legal consequences against acknowledgement of receipt. The reception centre shall inform its assigned branch office of the Federal Office without delay that the foreigner has been admitted to the reception centre and given the information under the third sentence.
Section 24
Obligations of the Federal Office
(1) The Federal Office shall clarify the facts of the case and compile the necessary evidence. After the application for asylum has been filed, the Federal Office shall inform the foreigner in a language he can reasonably be supposed to understand about the course of the procedure and about his rights and obligations, especially concerning deadlines and the consequences of missing a deadline. It shall interview the foreigner in person. The hearing may be dispensed with if the Federal Office intends to recognize the foreigner’s entitlement to asylum or if the foreigner claims to have entered the federal territory from a safe third country (Section 26a). The hearing may also be dispensed with if the Federal Office intends to approve an application for asylum which has been limited as provided for in Section 13 (2), second sentence. The hearing shall be dispensed with if an asylum application has been filed for a child under age 6 born in the federal territory and if the facts of the case have been sufficiently clarified based on the case files of one or both parents.
(1a) If and when a great number of foreigners request asylum at the same time, making it impossible for the Federal Office to conduct hearings in temporal proximity to the filing of applications, the Federal Office may temporarily have the hearings conducted by another authority discharging tasks defined in this Act or in the Residence Act. Hearings may only be conducted by specially trained public employees. Public employees may not wear uniforms during the hearing. Section 5(4) shall apply accordingly.
(2) After the application has been filed, it shall also be the responsibility of the Federal Office to decide whether a deportation ban exists pursuant to Section 60 (5) or (7) of the Residence Act.
(3) The Federal Office shall inform the foreigners authority immediately of
1. its decision and
2. grounds presented by the foreigner or otherwise apparent
a) for suspending deportation, in particular the need to obtain documents necessary to conduct a removal, or
b) which, pursuant to Section 25 (3), second sentence, nos. 1 to 4 of the Residence Act, could constitute an obstacle to issuing a temporary residence permit.
(4) If a decision on the asylum application is not taken within six months, the Federal Office shall inform the foreigner upon request as to when a decision is likely to be taken.
Section 25
Hearing
(1) The foreigner himself shall present the facts justifying his fear of political persecution or the risk of serious harm he faces and provide the necessary details. The necessary details shall include information concerning residences, travel routes, time spent in other countries and whether a procedure aimed at obtaining recognition as a foreign refugee or as a beneficiary of international protection as defined in Section 1 (1), no. 2, or an asylum application has already been initiated or completed in other countries or on the federal territory.
(2) The foreigner shall relate all other facts or circumstances which preclude deportation or deportation to a specific country.
(3) If the foreigner produces such facts only at a later stage, they may be ignored if the decision of the Federal Office would otherwise be delayed. The foreigner shall be informed of this provision and of Section 36 (4), third sentence.
(4) For a foreigner required to reside in a reception centre, the hearing should be arranged to coincide with the filing of the asylum application. It shall not be necessary to issue special summons requiring the foreigner and his authorized representative to appear. This provision shall apply accordingly if the foreigner is informed of the interview date at the time he files his application or within one week thereafter. If the hearing cannot take place on the same day, the foreigner and his authorized representative shall be informed without delay of the date of the interview. If the foreigner fails to appear at the hearing without an adequate excuse, the Federal Office shall decide, on the basis of the record as it stands, taking into account the foreigner’s failure to cooperate.
(5) In the case of foreigners who are not required to reside in a reception centre, a personal hearing may be dispensed with if the foreigner fails to comply with a summons for a personal hearing without an adequate excuse. In this case, the foreigner shall be given opportunity to state his case in writing within a period of one month. If the foreigner fails to state his case within this period, the Federal Office shall decide on the basis of the record as it stands, taking into account the foreigner’s failure to cooperate. Section 33 shall remain unaffected.
(6) The interview shall not be open to the public. It may be attended by persons who show proof of their identity as representatives of the Federation, of a Land or of the United Nations High Commissioner for Refugees. The head of the Federal Office or his deputy may allow other persons to attend.
(7) A record of the hearing containing the essential information produced by the foreigner shall be kept. A copy of this record shall be given to the foreigner or sent to him with the Federal Office’s decision.
Section 26
Asylum status for families and international protection for family members
(1) The spouse or registered partner of a person granted asylum status shall be granted asylum upon application if
1. the recognition of the foreigner’s asylum status is incontestable,
2. the marriage or civil partnership with persons granted asylum status already existed in the country where the person granted asylum status is politically persecuted,
3. the spouse or partner entered the country before the foreigner was granted asylum status, or if he filed the asylum application immediately after entry, and
4. there is no reason to repeal or withdraw the recognition of the person granted asylum status.
(2) A child of the foreigner who was minor and unmarried at the time the asylum application was filed shall be granted asylum status if the foreigner’s asylum status is incontestable and there is no reason to repeal or withdraw this status.
(3) The parents of a minor unmarried person granted asylum or other adults as defined in Article 2 (j) of Directive 2011/95/EU shall be granted asylum upon application, if
1. the recognition of the foreigner’s asylum status is incontestable,
2. the family within the meaning of Article 2 (j) of Directive 2011/95/EU already existed in the country where the person granted asylum status is politically persecuted,
3. they entered the country before the person was granted asylum status or if they filed the application for asylum immediately after entry,
4. there is no reason to repeal or withdraw the recognition of the person granted asylum status, and
5. if they have the right of care and custody for the person granted asylum status.
The first sentence, nos. 1 to 4 above shall apply accordingly to minor and unmarried siblings of a minor granted asylum status.
(4) Subsections 1 to 3 shall not apply to family members as defined in these paragraphs who fulfil the prerequisites listed in Section 60 (8), first sentence, of the Residence Act or Section 3 (2), or in the cases of whom the Federal Office has decided, in line with Section 60 (8), third sentence, of the Residence Act not to apply Section 60 (1) of the Residence Act. Subsections 2 and 3 shall not apply to children of foreigners who themselves have been granted asylum status pursuant to subsections 2 or 3.
(5) Subsections 1 to 4 shall apply accordingly to family members within the meaning of subsections 1 to 3 of persons with international protection status. Refugee status or subsidiary protection shall replace asylum status. Family members shall not be granted subsidiary protection if there are grounds for exclusion under Section 4 (2).
(6) Subsections 1 to 5 shall not apply if the foreigner has suffered persecution as referred to in Section 3 (1) or faces serious harm as referred to in Section 4 (1) from the family members within the meaning of subsections 1 to 5, or if he has already suffered such persecution or serious harm.
Section 26a
Safe third countries
(1) Any foreigner who has entered the federal territory from a third country within the meaning of Article 16a (2), first sentence of the Basic Law (safe third country) cannot invoke Article 16a (1) of the Basic Law. He shall not be granted asylum. The first sentence above shall not apply if
1. the foreigner held a residence title for the Federal Republic of Germany at the time he entered the safe third country,
2. the Federal Republic of Germany is responsible for processing an asylum application based on European Community law or an international treaty with the safe third country, or if
3. the foreigner has not been refused entry or removed on account of an order pursuant to Section 18 (4) no. 2.
(2) In addition to the Member States of the European Union, safe third countries are those listed in Annex I.
(3) The Federal Government shall resolve by statutory instrument without the consent of the Bundesrat that a country listed in Annex I is no longer deemed a safe third country if changes in its legal or political situation give reason to believe that the requirements mentioned in Article 16a (2), first sentence of the Basic Law have ceased to exist. The instrument shall expire no later than six months after it entered into force.
Section 27
Safety elsewhere from persecution
(1) A foreigner who was already safe from political persecution in another third country shall not be granted asylum status.
(2) If the foreigner holds a travel document issued by a safe third country (Section 26a) or by another third country pursuant to the Convention related to the status of refugees, it shall be presumed that he was safe from political persecution in that country.
(3) If before entering the federal territory, a foreigner lived for more than three months in another third country where he is not threatened by political persecution, it shall be presumed that he was safe there from political persecution. This shall not apply if the foreigner provides plausible evidence that deportation to another country where he is threatened by political persecution could not be ruled out with reasonable certainty.
Section 27a
(repealed)
Section 28
Post-flight reasons
(1) As a rule, a foreigner shall not be granted asylum status if the threat of political persecution is based on circumstances resulting from a deliberate decision by the foreigner after leaving his country of origin, unless this decision is in line with firm convictions on which he clearly acted while still in his country of origin. The first sentence shall not apply in particular if the foreigner, due to his age and level of maturity in the country of origin, was not yet able to form firm convictions of his own.
(1a) The well-founded fear of persecution within the meaning of Section 3 (1) or the real risk of suffering serious harm within the meaning of Section 4 (1) may be based on events that occurred after the foreigner left his country of origin, and in particular on conduct by the foreigner that expresses a continuing conviction or orientation that already existed in the country of origin.
(2) If the foreigner files a follow-up application after withdrawal or incontestable rejection of an earlier asylum application, and the new application is based on circumstances of his own creation after the withdrawal or incontestable rejection of the earlier application, he cannot as a rule be granted refugee status in a follow-up procedure.
Section 29
Inadmissible applications
(1) An application for asylum shall be inadmissible if
1. another country is responsible for conducting the asylum procedure
a) according to Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the member state responsible for examining an application for international protection lodged in one of the member states by a third-country national or a stateless person (OJ L 180 of 29 June 2013, p. 31); or
b) based on other European Union law or another international treaty;
2. another EU member state has already granted the foreigner international protection within the meaning of Section 1 (1) no. 2;
3. if a country that is willing to readmit the foreigner is regarded as a safe third country for that foreigner according to Section 26a;
4. if a country that is not an EU member state and is willing to readmit the foreigner is regarded as another third country within the meaning of Section 27; or
5. if, in the case of follow-up applications pursuant to Section 71 or secondary applications pursuant to Section 71a, another asylum application is not to be conducted.
(2) The Federal Office shall interview the foreigner in person with regard to the reasons stipulated in subsection 1 no. 1 lit. b to no. 4 before it decides whether or not an asylum application is admissible. As regards the reasons stipulated in subsection 1 no. 5, it shall give the foreigner the opportunity to submit a statement in line with Section 71 (3).
(3) If the foreigner fails to attend the hearing regarding the admissibility of his application, the Federal Office shall decide on the basis of the record as it stands. This shall not apply if the foreigner proves without delay that the failure described in the first sentence was due to circumstances beyond his control. In this case, the procedure is to be continued.
(4) According to Section 24 (1a), specially trained public employees from other authorities may be tasked to carry out the hearing of foreigners regarding the admissibility of their applications.
Section 29a
Safe country of origin; report; authority to issue statutory instruments
(1) The asylum application of any foreigner from a country within the meaning of Article 16a (3), first sentence of the Basic Law (safe country of origin) shall be rejected as manifestly unfounded, unless the facts or evidence produced by the foreigner give reason to believe that he faces political persecution within the meaning of Section 3 (1) or serious harm as defined in Section 4 (1) in his country of origin in spite of the general situation there.
(2) In addition to the Member States of the European Union, safe countries of origin are those listed in Annex II.
(2a) Every two years, and by 23 October 2017 for the first time, the Federal Government shall submit to the German Bundestag a report explaining whether or not the requirements for the classification of the states listed in Annex II as safe countries of origin continue to be met.
(3) The Federal Government shall resolve by statutory instrument without the consent of the Bundesrat that a country listed in Annex II is no longer deemed a safe country of origin if changes in its legal or political situation give reason to believe that the requirements mentioned in Article 16a (3), first sentence of the Basic Law have ceased to exist. The instrument shall expire no later than six months after it entered into force.
Section 30
Manifestly unfounded applications for asylum
(1) An asylum application shall be considered manifestly unfounded if the prerequisites for granting asylum status and the prerequisites for granting international protection are obviously not met.
(2) In particular, an asylum application shall be manifestly unfounded if it is obvious from the circumstances of the individual case that the foreigner is remaining in the federal territory only for economic reasons or in order to evade a general emergency situation.
(3) An unfounded asylum application shall be rejected as manifestly unfounded if
1. key aspects of the foreigner’s statements are unsubstantiated or contradictory, obviously do not correspond to the facts or are based on forged or falsified evidence;
2. the foreigner misrepresents or refuses to state his identity or nationality in the asylum procedure;
3. he has filed another asylum application or asylum request using different personal data;
4. he filed an asylum application in order to avert an imminent termination of residence although he had had sufficient opportunity to file an asylum application earlier;
5. he grossly violated his obligations to cooperate pursuant to Section 13 (3), second sentence, Section 15 (2) nos. 3 to 5, or Section 25 (1), unless he is not responsible for violating his obligations to cooperate or there are important reasons why he was unable to comply with his obligations to cooperate;
6. he has enforceably been expelled pursuant to Sections 53 and 54 of the Residence Act; or
7. the asylum application has been filed on behalf of a foreigner without legal capacity under this Act, or is considered under Section 14a to have been filed after asylum applications by the parents or by the parent possessing the sole right of custody have been incontestably rejected.
(4) Furthermore, an unfounded asylum application shall be rejected as manifestly unfounded, if the requirements of Section 60 (8), first sentence, of the Residence Act or Section 3 (2) are met or in cases where the Federal Office has decided, in line with Section 60 (8), third sentence, of the Residence Act not to apply Section 60 (1) of the Residence Act.
(5) An application filed with the Federal Office shall also be rejected as manifestly unfounded if, due to its content, it does not constitute an asylum application in the sense of Section 13 (1).
Section 30a
Fast-track procedures
(1) The Federal Office may use fast-track procedures for asylum procedures in a branch office assigned to a special reception centre (Section 5 (5)), if the foreigner
1. is a national of a safe country of origin (Section 29a);
2. has clearly misled the authorities as to his identity or nationality by presenting false information or documents or by withholding relevant documents;
3. has in bad faith destroyed or disposed of an identity or travel document that would have helped establish his identity or nationality, or if the circumstances clearly give reason to believe that this is so;
4. has filed a follow-up application;
5. (j) has made an application merely in order to delay or frustrate the enforcement of an earlier or imminent decision which would result in his deportation; or
6. refuses to be fingerprinted in line with Regulation (EU) No 603/2013 of the European Parliament and of the Council dated 26 June 2013 on the establishment of Eurodac for the comparison of fingerprints for the effective application of Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person and on requests for the comparison with Eurodac data by member states’ law enforcement authorities and Europol for law enforcement purposes, and amending Regulation (EU) No 1077/2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (OJ L no. 180 dated 29 June 2013, p. 1); or
7. if he was expelled because of serious reasons of public security and order of if there are serious reasons to believe that he constitutes a serious threat to public security and order.
(2) If the Federal Office applies the first subsection, it shall decide on the asylum application within one week of it being filed. If it is not able to make a decision within this period, it shall continue the procedure as a non-fast-track procedure.
(3) Foreigners whose applications are being processed under fast-track procedures in line with this provision are required to live in the special reception centre responsible for their reception pending the Federal Office’s decision on the asylum application. The requirement laid down in the first sentence shall continue to exist until the foreigner leaves the country or until the deportation warning or deportation order is enforced
1. should the procedure be discontinued; or
2. the asylum application be rejected
a) as inadmissible in line with Section 29 (1) no. 4 ,
b) as manifestly unfounded in line with Section 29a or 30, or
c) in the case of Section 71 (4).
Sections 48 to 50 shall remain unaffected.
Section 31
Decisions by the Federal Office on asylum applications
(1) Decisions by the Federal Office shall be issued in writing. They shall contain a justification in writing. Contestable decisions shall be delivered to the persons involved without delay. If no authorized representative has been appointed for the procedure, a translation of the decision and the information on legal remedy in a language the foreigner can reasonably be assumed to understand shall be enclosed; persons granted asylum status and foreigners granted international protection as defined in Section 1 (1) no. 2 or in whose case the Federal Office has issued a deportation ban pursuant to Section 60 (5) or (7) of the Residence Act shall also be informed of the resulting rights and duties. If the asylum application is rejected only pursuant to Section 26a or Section 29 (1) no. 1, the decision together with the deportation order under Section 34a shall be delivered to the foreigner himself. It may also be delivered to him by the authority responsible for the deportation or for carrying out the deportation. If the foreigner has an authorized representative or if he has named an authorized receiving agent, a copy of the decision shall be forwarded to the representative or agent.
(2) In decisions on admissible asylum applications and in decisions pursuant to Section 30 (5) it shall be expressly determined whether the foreigner is granted refugee status or subsidiary protection and whether he is granted asylum. In cases within the meaning of Section 13 (2), second sentence, the limited application shall be decided upon.
(3) In cases pursuant to paragraph 2 and in decisions on inadmissible asylum applications it shall be determined whether the conditions of Section 60 (5) or (7) of the Residence Act are met. This may be dispensed with if the foreigner is granted asylum or international protection within the meaning of Section 1 (1) no. 2.
(4) If the asylum application is rejected as inadmissible only pursuant to Section 26a, Section 26 (5) shall not be affected in the cases governed by Section 26 (1) to (4).
(5) If a foreigner is granted asylum status pursuant to Section 26 (1) to (3), or if he is granted international protection within the meaning of Section 1 (1) no. 2 pursuant to Section 26 (5), the determination of the conditions referred to in Section 60 (5) and (7) of the Residence Act should be dispensed with.
(6) If the asylum application is rejected as inadmissible pursuant to Section 29 (1) no. 1, the foreigner shall be informed in the decision as to which other country is responsible for processing the asylum application.
Section 32
Decision in case of withdrawal or abandonment of the application
If the asylum application is withdrawn or abandoned within the meaning of Section 14a (3), the Federal Office shall indicate in its decision that the asylum procedure has been discontinued and whether a deportation ban exists pursuant to Section 60 (5) or (7) of the Residence Act. In the cases listed in Section 33, the Federal Office shall decide on the basis of the record as it stands.
Section 32a
Suspension of the proceedings
(1) The asylum procedure of a foreigner shall be suspended as long as he is granted temporary protection under Section 24 of the Residence Act. As long as the procedure is suspended, the foreigner’s legal status shall not be determined by this Act.
(2) The asylum application shall be deemed to be withdrawn if the foreigner does not notify the Federal Office within one month of the expiry of his temporary residence permit that he intends to continue the asylum procedure.
Section 33
Abandonment of the proceedings
(1) An asylum application shall be deemed to have been withdrawn if the foreigner fails to pursue it.
(2) It shall be presumed that the foreigner has failed to pursue the procedure, if he
1. fails to comply with a request to present information which is important for the application as described in Section 15 or with a request to attend a hearing pursuant to Section 25;
2. has gone underground;
3. has violated the geographic restriction of his permission to remain pending the asylum decision defined in Section 56 to which he is subject on account of the obligation to live in a reception centre in line with Section 30a (3).
The presumption described in the first sentence shall not apply if the foreigner proves without delay that the failure referred to in the first sentence, no. 1, or the action referred to in the first sentence, nos. 2 and 3, were due to circumstances beyond his control. In this case, the procedure shall be continued. If the procedure was conducted as a fast-track procedure under Section 30a, the period referred to in Section 30a (2),first sentence, begins to run again.
(3) The asylum application shall furthermore be deemed to have been withdrawn if the foreigner has travelled to his country of origin during the asylum procedure.
(4) The foreigner shall be informed in writing of the legal consequences of subsections 1 and 3 and shall acknowledge receipt of this information.
(5) In the cases referred to in subsections 1 and 3 the Federal Office shall discontinue the asylum procedure. Foreigners whose asylum procedure has been discontinued under the first sentence may apply for its resumption. (2) The foreigner shall make the application in person at the branch office of the Federal Office assigned to the reception centre where he was required to reside before the asylum procedure was discontinued. If the foreigner files a new asylum application, this application shall be deemed as the application within the meaning of the second sentence. The Federal Office shall resume the examination of the application where it left off. In derogation from the fifth sentence, the asylum procedure is not to be resumed and an application pursuant to the second or fourth sentences is to be treated as a follow-up application (Section 71), if
1. the asylum procedure was discontinued at least ten months before the application was filed, or
2. the asylum procedure had already been resumed pursuant to this provision.
If a procedure is resumed in line with this provision and was conducted as a fast-track procedure under Section 30a before its discontinuation, the period referred to in Section 30a (2),first sentence, begins to run again.
(6) Section 36 (3) shall apply accordingly to appeals against decisions under subsection 5 (6).
Sub-Chapter 4
Termination of residence
Section 34
Deportation warning
(1) Pursuant to Sections 59 and 60 (10) of the Residence Act, the Federal Office shall issue a written deportation warning if
1. the foreigner is not granted asylum status,
2. the foreigner is not granted refugee status
2a. the foreigner is not granted subsidiary protection,
3. the conditions of Section 60 (5) and (7) of the Residence Act are not met or if deportation is permitted on an exceptional basis, regardless of compliance with the conditions stipulated in Section 60 (7), first sentence of the Residence Act, and
4. the foreigner does not hold a residence title.
A hearing of the foreigner prior to issuing the deportation warning shall not be required. The foreigners authority shall remain competent in other respects for decisions pursuant to Section 59 (1), fourth sentence, and Section 6 of the Residence Act.
(2) The deportation warning is to be issued in conjunction with the decision on the asylum application. If the foreigner does not have an authorized representative, the decision and the information on legal remedy shall be translated into a language the foreigner can reasonably be assumed to understand.
Section 34a
Deportation order
(1) If the foreigner is to be deported to a safe third country (Section 26 a) or to a country responsible for processing the asylum application (Section 29 (1) no. 1), the Federal Office shall order his deportation to this country as soon as it has been ascertained that the deportation can be carried out. This shall also apply if the foreigner filed the application for asylum in another country which is responsible for processing an asylum application based on European Community law or an international treaty, or if he withdraws the application before the Federal Office has made a decision. No prior notification announcing deportation or deadline shall be necessary. If it is not possible to order a foreigner’s deportation in line with the first or second sentences, the Federal Office shall notify the foreigner that he will be deported to the country in question.
(2) Appeals of the deportation order pursuant to Section 80 (5) of the Code of Administrative Court Procedure shall be filed within one week of notification. No deportation shall be permissible prior to a court decision if the appeal has been filed in time. Applications for temporary relief against decisions by the Federal Office setting time limits for entry or residence bans in line with Section 11 (2) of the Residence Act are to be filed within one week of the notification. This shall not affect the enforceability of the deportation order.
Section 35
Deportation warning in case of inadmissible applications for asylum
In the cases under Section 29 (1) nos. 2 and 4, the Federal Office shall notify the foreigner that he will be deported to the country where he was safe from persecution.
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
(1) In cases where the asylum application is inadmissible under Section 29 (1) nos. 2 and 4 or manifestly unfounded, the foreigner shall be given one week to leave the country.
(2) The Federal Office shall send to the persons involved a copy of their asylum file along with the decision. The administrative file shall be transmitted without delay to the competent administrative court along with proof of delivery.
(3) Appeals of the deportation warning pursuant to Section 80 (5) of the Code of Administrative Court Procedure shall be filed within one week of notification; the notice from the Federal Office is to be enclosed with the appeal. The foreigner shall be informed of this. Section 58 of the Code of Administrative Court Procedure shall be applied accordingly. The decision shall be taken in a written procedure; an oral court hearing in which the action is heard at the same time shall not be permitted. The decision is to be taken within one week of the expiry of the time limit under subsection 1 above. The chamber of the administrative court may extend the time limit under sentence 5 above by one week at a time. The second and additional extensions of the time-limit shall be permitted only for serious reasons, in particular if the court is not able to take an earlier decision due to an unusually heavy workload. No deportation shall be permitted prior to a court decision if the appeal has been filed in time. A decision has been taken when the operative provisions of the decision have been signed by the judge or the judges and are available at the registry of the chamber. Applications for temporary relief against decisions by the Federal Office to set time limits for the ban on entry or residence in line with Section 11 (2) of the Residence Act and the order and time limits under Section 11 (7) of the Residence Act are also to be filed within one week of the notification. This shall not affect the enforceability of the deportation warning.
(4) An order to suspend deportation may be issued only if there are serious doubts as to the legality of the administrative act against which an appeal has been filed. Facts and evidence not stated by the persons involved shall not be considered unless they are obvious or known to the court. The introduction of facts and evidence which were not considered in the administrative procedure pursuant to Section 25 (3) and facts and circumstances within the meaning of Section 25 (2) which the foreigner did not produce in the administrative procedure may be left unconsidered by the court if the decision would otherwise be delayed.
Section 37
Further procedure in case of an appeal granted by court decision
(1) The decision of the Federal Office as to the inadmissibility of an application under Section 29 (1) nos. 2 and 4 and the deportation warning shall become ineffective if the administrative court grants the appeal pursuant to Section 80 (5) of the Code of Administrative Court Procedure. The Federal Office shall continue the asylum procedure.
(2) If, in the case of an asylum application which was turned down as manifestly unfounded, the administrative grants an appeal pursuant to Section 80 (5) of the Code of Administrative Court Procedure, the deadline for leaving the country shall expire 30 days after the incontestable conclusion of the asylum procedure.
(3) Subsections 1 and 2 shall not apply if, due to the decision of the administrative court, deportation to one of the countries mentioned in the deportation warning becomes enforceable.
Section 38
Deadline for leaving the country in case of rejection for other reasons or withdrawal of the application
(1) In other cases where the foreigner is not granted asylum status by the Federal Office, he shall be given 30 days to leave the country. If action is brought, the deadline for leaving the country shall be 30 days after the incontestable conclusion of the asylum procedure.
(2) If the asylum application is withdrawn prior to the decision of the Federal Office, the foreigner shall be given one week to leave the country.
(3) If the asylum application is withdrawn, if action is brought or if the processing of the asylum application is waived, the foreigner may be given up to three months to leave the country if if he agrees to do so voluntarily.
Section 39
(repealed)
Section 40
Notification of the foreigners authority
(1) The Federal Office shall immediately inform the foreigners authority of the district where the foreigner is required to stay or to take up residence of any enforceable deportation warning and shall immediately provide it with any documents required for deportation. The same shall apply if the administrative court has ruled that the suspensive effect of court action based on a reason precluding deportation pursuant to Section 60 (5) or (7) of the Residence Act shall apply only with regard to deportation to the country concerned and if the Federal Office does not continue the asylum procedure.
(2) The Federal Office shall immediately inform the foreigners authority if the administrative court rules that the action brought against the deportation warning is to have a suspensive effect in cases pursuant to Section 38 (2) above.
(3) If the Federal Office delivers the deportation order (Section 34a) to the foreigner, the Federal Office shall immediately inform the authority responsible for the deportation of such delivery.
Section 41
(repealed)
Section 42
Binding effect of decisions under foreigners law
The foreigners authority shall be bound by the decision of the Federal Office or the administrative court concerning the existence of reasons precluding deportation pursuant to Section 60 (5) or (7) of the Residence Act. The foreigners authority shall decide whether a reason precluding deportation pursuant to Section 60 (4) of the Residence Act has arisen or ceased to exist at a later stage; such decision shall not require the decision taken by the Federal Office to be suspended.
Section 43
Enforceability and suspension of deportation
(1) If the foreigner possessed a residence title, a deportation warning which is enforceable under the terms of this Act may not be enforced until the foreigner is also enforceably required to leave the country pursuant to Section 58 (2), second sentence of the Residence Act.
(2) If the foreigner has applied for an extension of a residence title with an overall validity of more than six months, the deportation warning shall not be enforceable until after the application has been rejected. In other respects, Section 81 of the Residence Act shall not preclude deportation.
(3) Where family members within the meaning of Section 26 (1) to (3) have filed an asylum application simultaneously or in each case immediately upon their entry, the foreigners authority may temporarily suspend deportation in order to enable the family to leave the country together. The foreigners authority shall issue the foreigner a certificate confirming the suspension of deportation.
Section 43a (repealed)
Section 43b (repealed)
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