Chapter 11. Transitional and final provisions. Asylum Act (Germany)

Asylum Act (Germany)

Chapter 11
Transitional and final provisions

Section 87
Transitional provisions

(1) The following transitional provisions shall apply to the administrative procedure:

1. Asylum procedures already started shall be completed in accordance with the legal provisions previously applicable if the Federal Office has sent its decision for delivery to the foreigners authority before this Act has entered into force. If an asylum procedure was final before the present Act entered into force, the Federal Office shall be responsible for deciding whether obstacles precluding deportation pursuant to Section 53 of the Foreigners Act exist and for issuing a notification announcing deportation only if a new asylum application is processed.

2. Follow-up applications filed before the present Act entered into force shall be decided by the foreigners authority in accordance with the legal provisions previously applicable.

3. Foreigners who filed an asylum application before the present Act entered into force shall be distributed among the Länder in accordance with the legal provisions previously applicable.

(2) The following transitional provisions shall apply to legal remedies and court proceedings:

1. In cases pursuant to subsection 1 nos. 1 and 2, the period within which action must be brought shall be based on the legal provisions previously applicable; the local responsibility of the administrative court shall be determined pursuant to Section 52, no. 2, third sentence of the Code of Administrative Court Procedure in the version applicable before the present Act entered into force.

2. The admissibility of legal remedy against an administrative act shall be determined based on the legal provisions previously applicable if notice of the administrative act was given before the present Act entered into force.

3. The admissibility of legal remedy against a court decision shall be based on the legal provisions previously applicable if the decision was pronounced or officially delivered before the present Act entered into force.

4. If an appeal filed under the legal provisions previously applicable has suspensive effect, the provisions of the present Act on the exclusion of suspensive effect shall not apply.

5. In court proceedings where a request pursuant to Section 33 of the Asylum Procedure Act as promulgated on 9 April 1991 (Federal Law Gazette I, p. 869), amended by Article 7, Section 13 in conjunction with Article 11 of the Act of 12 September 1990 (Federal Law Gazette I, p. 2002) was made before the present Act entered into force, this provision shall continue to apply.

Section 87a
Transitional provisions for the amendments which entered into force on 1 July 1993

(1) Unless stated otherwise in the following provisions, the provisions of the present Act, with the exception of Sections 26a and 34a, shall also apply to foreigners who filed an asylum application prior to 1 July 1993. Sections 27 and 29 (1) and (2) shall apply accordingly to foreigners who have entered from a member state of the European Communities or from one of the countries listed in Annex I.

(2) The following transitional provisions shall apply to the administrative procedure:

1. Section 10 (2), second and third sentences and (3) and (4) shall apply if the foreigner has additionally been informed in writing of the provisions therein.

2. Section 33 (2) shall apply only to foreigners who travelled to their country of origin after 1 July 1993.

3. For follow-up applications filed prior to 1 July 1993, the provisions of Sections 71 and 87 (1) no. 2 shall apply in the version applicable up to that time.

(3) The following transitional provisions shall apply to legal remedies and court proceedings:

1. The admissibility of an appeal against an administrative act shall be determined based on the law previously applicable if such administrative act was announced prior to 1 July 1993.

2. The admissibility of an appeal against a court decision shall be determined based on the provisions previously applicable if the decision was pronounced or officially delivered before the present Act entered into force.

3. Section 76 (4) shall not apply to procedures pending prior to 1 July 1993.

4. A referral to an individual judge carried out prior to 1 July 1993 shall remain unaffected by Section 76 (5).

5. Section 83 (1) shall not be applied up to and including 31 December 1993.

Section 87b
Transitional provision for the amendments which entered into force on 1 September 2004

Section 6 in the version applicable prior to 1 September 2004 shall continue to apply to court proceedings pending prior to 1 September 2004.

Section 87c
Transitional provisions for the amendments which entered into force on 6 August 2016

(1) Permission to remain pending the asylum decision acquired before 6 August 2016 shall continue to be valid from the date when the permission arose. It can be proved in particular through a certificate pursuant to Section 63. Section 67 shall remain unaffected.

(2) The stay of a foreigner who requested asylum on the federal territory before 5 February 2016 shall be considered permitted pending the asylum decision as of the date when he was received in the reception centre responsible for him, or, if this date cannot be determined, as of 5 February 2016.

(3) The stay of a foreigner who was issued an arrival certificate by 6 August 2016 shall be considered permitted pending the asylum decision as of the date of issue.

(4) The stay of a foreigner who applied for asylum after 4 February 2016 and before 1 November 2016 and who was not immediately issued an arrival certificate for reasons beyond his control shall be considered permitted pending the asylum decision two weeks after the date on which he applied for asylum. The fact that he was not issued an arrival certificate shall especially be deemed beyond his control as referred to in the first sentence if the body responsible for issuing his arrival certificate was not technically equipped to issue arrival certificates.

(5) Subsections 2 to 4 shall not apply if the foreigner did not attend an appointment before 6 August 2016 to file an asylum application pursuant to Section 23 (1) for reasons beyond his control.

(6) If the application of subsections 1 to 4 leads to different dates, the earliest date shall be relevant.

Section 88
Authorization to issue statutory instruments

(1) The Federal Ministry of the Interior, by statutory instrument with the consent of the Bundesrat, may determine which authorities are responsible for executing European Community law and international agreements governing the responsibility for processing asylum applications, in particular regarding

1. requests made to other countries to admit or re-admit foreigners;

2. decisions on requests of other countries to admit or re-admit foreigners;

3. sharing of information with other countries and the European Community, as well as notices to the foreigner concerned; and

4. the collection, transmission and comparison of fingerprints of the foreigner concerned.

(2) The Federal Ministry of the Interior shall be authorized, by statutory instrument with the consent of the Bundesrat, to draw up samples and issuing modalities and regulations to assure the quality of identification measures and to govern the recording of data derived from identification measures for the certificates issued pursuant to Sections 63 and 63a.

(3) The Land government may adopt statutory instruments to transfer responsibilities of the reception centre to other Land authorities.

Section 88a
Provisions as to the administrative procedure

Land law may not deviate from the regulation stipulated in Section 60.

Section 89
Restriction of fundamental rights

(1) The fundamental rights of physical integrity (Article 2 (2), first sentence of the Basic Law) and freedom of the person (Article 2 (2), second sentence of the Basic Law) shall be curtailed under the terms of this Act.

(2) The procedure to be applied in case of deprivation of liberty shall comply with Book 7 of the Act on Procedures in Family Cases and in Matters concerned with Non-contentious Litigation.

Section 90
Authorization to provide health care temporarily

(1) If there are not enough doctors licensed in accordance with the Federal Medical Code (Bundesärzteordnung) to provide health care for asylum seekers in reception centres pursuant to Section 44 or in collective accommodation centres pursuant to Section 53 and if this endangers the provision of health care for those asylum seekers, asylum seekers who have completed their medical training may temporarily, upon application, be authorized to practise general medicine in these facilities in order to help doctors in providing health care for asylum seekers.

(2) The authorization according to subsection 1 shall be subject to the following restrictions:

1. the activity shall be carried out under the responsibility of a doctor;

2. the professional title “doctor” may not be used;

3. the authorization to treat persons solely covers asylum seekers in reception centres pursuant to Section 44 or collective accommodation centres pursuant to Section 53;

4. it must be ensured that the authorized persons can communicate with the asylum seekers to be treated.

(3) The authorization under subsection 1 shall be granted temporarily. It may be revoked at any time if the requirements under Section 1 are no longer fulfilled or doubts emerge as to the person’s qualification as a doctor.

(4) The granting of an authorization under subsection 1 requires, as a general rule, that

1. the applicant furnishes prima facie evidence of his qualification as a doctor, and

2. that he cannot be licensed pursuant to Sections 3 or 10 of the Federal Medical Code because the necessary certificates or documentation cannot be presented for reasons beyond his control.

In order to furnish prima facie evidence of his qualification pursuant to the first sentence, no. 1, the applicant must declare in lieu of an oath that he has completed training as a doctor and prove the course of his training and his competence as a doctor in an interview conducted by a doctor mandated by the responsible authority.

(5) The authorization to practise general medicine temporarily pursuant to subsection 1 shall not affect any later licensing proceedings pursuant to Section 3 of the Federal Medical Code or any later proceedings to be granted permission to work as a doctor pursuant to Section 10 of the Federal Medical Code.

(6) The procedure for granting the authorization pursuant to subsections 1 to 5 shall be conducted by the responsible authority of the Land where medicine is to be practised, or by the body agreed on in accordance with Section 12 (3), second sentence, of the Federal Medical Code.

(7) Section 61 (1) shall not be affected by the authorization pursuant to subsection 1.

(8) This provision shall expire on 24 October 2017.

Annex I (ad Section 26a)

(Reference: Federal Law Gazette I 2008, p. 1822)
Norway
Switzerland

Annex II (ad Section 29a)

(Reference: Federal Law Gazette I 2015, p. 1725
Albania
Bosnia and Herzegovina
Ghana
Kosovo
Macedonia, Former Yugoslav Republic
Montenegro
Senegal
Serbia

Table of contents (Asylum Act)

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