Germany’s Basic Law ensures asylum for those facing political persecution.
Table of contents
The Asylum Process
Step 1: Arrival: Report to authorities (Federal Police or immigration). You’ll be taken to a reception center.
Application: Make an asylum request (Asylgesuch) at the border, especially if lacking entry documents.
The asylum process can reflect existing inequalities.
Eligibility for Asylum
To be eligible for asylum in Germany, you must demonstrate a well-founded fear of persecution in your country of origin. This persecution must be based on:
- Race
- Religion
- Nationality
- Political opinion
- Membership of a particular social group
The persecution must be serious enough to threaten your life or freedom. General hardship or economic difficulties are not grounds for asylum.
The Asylum Interview
After registering your asylum request, you will be invited to an interview with the Federal Office for Migration and Refugees (BAMF). This is a crucial part of the process. During the interview, you will be asked to explain why you fear returning to your country of origin. It is essential to be honest and provide as much detail as possible. Bring any relevant documents or evidence to support your claim.
Legal Representation
While you are not required to have a lawyer during the asylum process, it is highly recommended. A lawyer can help you prepare for the interview, gather evidence, and understand your rights. They can also represent you if your asylum application is rejected.
The Dublin Procedure
Germany is part of the Dublin Regulation, which determines which EU member state is responsible for examining an asylum application. If you have already applied for asylum in another EU country or have entered the EU through another country, Germany may transfer you back to that country.
Possible Outcomes
There are several possible outcomes to your asylum application:
- Asylum Status: Granted if you meet the criteria for political asylum.
- Refugee Status: Granted if you meet the criteria for refugee status under the Geneva Convention.
- Subsidiary Protection: Granted if you do not qualify for asylum or refugee status but face a real risk of serious harm in your country of origin.
- National Deportation Ban: Granted if you cannot be deported to your country of origin due to specific reasons, such as a serious illness.
- Rejection: Your application is denied, and you may be required to leave Germany. You have the right to appeal the decision.
Life as an Asylum Seeker
While your asylum application is being processed, you will typically be housed in a reception center and receive basic social benefits. You may have restrictions on your freedom of movement and employment opportunities.
Important Considerations
- Truthfulness: Always be truthful and honest in your application and during the interview.
- Documentation: Gather as much evidence as possible to support your claim.
- Legal Advice: Seek legal advice from a qualified lawyer specializing in asylum law.
- Integration: If granted asylum, actively participate in integration courses and learn the German language and culture.
