Last Updated on June 1, 2021 by LawEuro
Asylum Act (Germany)
Chapter 7
Follow-up application, secondary application
Section 71
Follow-up application
(1) If, after the withdrawal or incontestable rejection of a previous asylum application, the foreigner files a new asylum application (follow-up application), a new asylum procedure shall be conducted only if the conditions of Section 51 (1) to (3) of the Administrative Procedure Act are met; this shall be examined by the Federal Office. The same shall apply to a child’s application for asylum if the representative under Section 14a (3) waived the processing of the asylum application.
(2) The foreigner shall make the follow-up application in person at the branch office of the Federal Office assigned to the reception centre where the foreigner was required to reside during the previous asylum procedure. If the foreigner temporarily left the federal territory in the meantime, subsections 47 to 67 shall apply accordingly. In the cases of Section 14 (2), first sentence, no. 2, or if the foreigner can prove that he is unable to appear in person, the follow-up application shall be filed in writing. The follow-up application shall be filed in writing with the central office of the Federal Office if
1. the branch office that would have been responsible pursuant to sentence 1 above no longer exists,
2. the foreigner was not required to reside at a reception centre during the previous asylum procedure.
Section 19 (1) shall not apply.
(3) In the follow-up application the foreigner shall give his address as well as the facts and evidence to fulfil the conditions listed in Section 51 (1) to (3) of the Administrative Procedure Act. The foreigner shall provide this information in writing upon request. A hearing may be dispensed with. Section 10 shall apply accordingly.
(4) If the conditions of Section 51 (1) to (3) of the Administrative Procedure Act are not met, Sections 34, 35 and 36 shall be applied accordingly; in the case of deportation to a safe third country (Section 26a) Section 34a shall be applied accordingly.
(5) If after a deportation warning or a deportation order issued pursuant to this Act has become enforceable following the filing of the previous asylum application, the foreigner files a follow-up application which does not lead to a new asylum procedure, a new time limit and a new deportation warning or a deportation order shall not be required in order to enforce deportation. Deportation may be enforced only after notification by the Federal Office that the conditions of Section 51 (1) to (3) of the Administrative Procedure Act are not met, unless the foreigner is to be deported to the safe third country.
(6) Subsection 5 shall also apply if the foreigner temporarily left the federal territory in the meantime. If the foreigner entered the federal territory unlawfully from a safe third country (Section 26a), he may be removed to that country pursuant to Section 57 (1) and (2) of the Residence Act without prior notification by the Federal Office.
(7) If the foreigner’s right of residence during the previous asylum procedure was geographically restricted, the last geographical restrictions shall continue to apply unless otherwise decided. Subsections 59a and 59b shall apply accordingly. In cases pursuant to subsections 5 and 6, the responsibility for measures under foreigners law shall also lie with the foreigners authority in whose district the foreigner is staying.
(8) A follow-up application shall not preclude an order to take the foreigner into custody awaiting deportation unless a further asylum procedure is carried out.
Section 71a
Secondary application
(1) If a foreigner files an asylum application (secondary application) in the federal territory after having unsuccessfully applied for asylum in a safe third country (Section 26a) in which European Community law on the responsibility for processing asylum applications applies or which has concluded an international agreement with the Federal Republic of Germany, a further asylum procedure shall only be carried out if the Federal Republic of Germany is responsible for carrying out the asylum procedure and the conditions of Section 51 (1) to (3) of the Administrative Procedure Act are met; this shall be examined by the Federal Office.
(2) Sections 12 to 25, 33 and 44 to 54 shall apply accordingly to the procedure for determining whether the new asylum application is to be processed. A hearing may be dispensed with if not needed to determine that a new asylum application is not to be processed. Section 71 (8) shall apply accordingly.
(3) The deportation of the foreigner shall be deemed to be temporarily suspended. Sections 56 to 67 shall apply accordingly.
(4) If a new asylum application is not processed, Sections 34 to 36 and 42 to 43 shall apply accordingly.
(5) If the foreigner files another asylum application after the withdrawal or the incontestable rejection of his secondary application, Section 71 shall apply.
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