Concept and Significance of the Asylum Act
Das Asylum Act (AsylG) is a German federal law that establishes key regulations for the asylum procedure and refugee protection. Along with the Residence Act (AufenthG) and other statutes, it forms the basis for the legal treatment of persons seeking protection in Germany. The Asylum Act, in particular, regulates the requirements, procedures, responsibilities, rights and obligations, as well as possible legal remedies related to asylum applications by persons seeking residence in Germany due to persecution.
Historical Development of the Asylum Act
The Asylum Act, in its original version, came into force on June 26, 1982, under the title “Asylum Procedure Act” (AsylVfG). The primary aim was to standardize and structure the asylum procedure in Germany. After several amendments—especially in the context of European harmonization of asylum law and in light of refugee movements in recent decades—the act was renamed “Asylum Act” on October 24, 2015. The statutory foundations are continually evolving to meet both the constitutionally guaranteed right of asylum under Article 16a of the Basic Law and Germany’s international obligations (e.g., Geneva Refugee Convention).
Legal Foundations and Position within the Legal System
The Asylum Act forms part of special administrative law and concretizes the Fundamental right to asylum under Article 16a of the Basic Law. It is supplemented by numerous national and European legal frameworks, including:
- Basic Law (Art. 16a GG)
- Geneva Refugee Convention (GRC)
- EU Qualification and Procedures Directives
- Residence Act (AufenthG)
- Dublin III Regulation (determination of the responsible EU Member State for the asylum procedure)
The Asylum Act interacts with these regulations and serves to implement and systematically structure refugee protection and asylum procedures.
Subject Matter and Scope of the Asylum Act
Requirements for Application Submission
The Asylum Act stipulates the conditions under which individuals may apply for asylum. In principle, all foreign persons who claim to be persecuted for political reasons in their country of origin or are seeking protection for other reasons defined by law are eligible to apply.
Forms of Protection
The Asylum Act distinguishes the following forms of protection:
- Right of asylum according to Art. 16a GG
- Refugee protection under § 3 AsylG in conjunction with GRC (in cases of persecution due to race, religion, nationality, political conviction, or membership of a particular social group)
- Subsidiary protection under § 4 AsylG (in case of imminent serious individual danger such as torture, death penalty, or war)
- Prohibition of deportation under § 60 paras. 5 and 7 AufenthG
The Asylum Procedure
The Asylum Act regulates the entire process from application submission to decision, including legal remedies.
Application Filing and Interview
The asylum application must be submitted to the competent Federal Office for Migration and Refugees (BAMF). Applicants must report to an initial reception center and will be thoroughly interviewed about their reasons for fleeing.
Decision and Notice Issuance
The BAMF examines the facts of the case, assesses credibility, and makes a decision (recognition, subsidiary protection, prohibition of deportation, or rejection).
Legal Remedies and Procedural Rights
In the case of negative decisions, various legal remedies are available to the applicant, above all an administrative court action. The procedure and deadlines are also regulated in the Asylum Act.
Legal Protection
The Asylum Act guarantees judicial legal protection and procedural rights securing the process, such as translation services, access to records, and a hearing.
Types of Procedure and Special Regulations
Dublin Procedure
The European Dublin III Regulation is implemented by the Asylum Act. The procedure serves to determine which EU Member State is responsible for assessing an asylum application. The Asylum Act contains procedural rules on this, particularly concerning transfer back to the responsible Member State.
Accelerated Procedures
The law provides for various special and accelerated procedures, especially in the case of so-called “manifestly unfounded applications” as well as applications from so-called “safe countries of origin.” In such cases, statutory deadlines are shortened or the procedure is simplified.
Safe Countries of Origin
A “safe country of origin” is a country in which, according to the legal situation, constitution, and political order, there is no threat of persecution. The list of these countries is maintained by law; the relevant legal provisions can be found, among other places, in § 29a AsylG. For applicants from such countries, there is a rebuttable presumption that no grounds for asylum exist.
Duties and Rights in the Asylum Procedure
The Asylum Act obliges applicants to provide truthful information, cooperate in clarifying the case, and to tolerate biometric and other technical measures to establish identity. At the same time, the law guarantees fundamental rights such as accommodation, social benefits under the Asylum Seekers Benefits Act, and access to legal counsel as well as interpreters.
Termination of the Asylum Procedure and Status Consequences
Upon completion of the asylum procedure following the BAMF’s or court’s decision, various consequences arise:
- Recognition: Residence protection and entitlement to a residence permit
- Rejection: Obligation to leave and, if applicable, deportation unless another residence right exists
- Prohibition of deportation / Subsidiary protection: Temporary residence right with certain restrictions and rights
The Act also provides for revocation and withdrawal procedures if the requirements for recognition or protection no longer apply.
Significance in the International Context
The Asylum Act is set in the context of international obligations, especially the Geneva Refugee Convention and the European Convention on Human Rights. It implements EU directives and harmonizes national asylum law within the framework of the Common European Asylum System.
Outlook and Reform Efforts
In light of global migration movements and European coordination processes, the Asylum Act undergoes ongoing adjustments. Current challenges include procedural efficiency, preserving human rights and integrity, as well as balancing protection with state governance.
Source note: The status of legislation and content is based on the official text of the law (in particular AsylG, AufenthG), relevant judgments from administrative courts, and official documentations from the Federal Office for Migration and Refugees as well as the European Union. For up-to-date statutory changes, the relevant current legal text should always be consulted.
Frequently Asked Questions
What requirements must be fulfilled for an asylum application to be considered admissible in Germany?
An asylum application is considered admissible in Germany if the applicant did not enter the Federal Republic of Germany via a so-called safe third country or if no primary responsibility of another EU Member State exists under the Dublin III Regulation. The applicant must also report in person to a responsible reception facility or an external office of the Federal Office for Migration and Refugees (BAMF) and submit their asylum application there. The statutory basis for this is, in particular, § 26 of the Asylum Act (AsylG) and Art. 16a of the Basic Law (GG) in conjunction with international agreements such as the Geneva Refugee Convention and the European Convention on Human Rights. BAMF first examines whether there are any formal grounds for exclusion, such as entry from a safe third country, an application already submitted in another Member State or the possibility of a transfer under the Dublin III Regulation. Only when this is ruled out does the actual asylum procedure begin, in which the individual grounds for protection of the applicant are examined.
What types of legal protection does the German Asylum Act distinguish?
The German Asylum Act differentiates between several forms of protection: political asylum under Art. 16a GG, refugee protection according to § 3 AsylG in conjunction with the Geneva Refugee Convention (GRC), subsidiary protection (§ 4 AsylG), and nationally regulated prohibition of deportation (§ 60, paragraphs 5 and 7 AufenthG). Political asylum is only granted if there is individual political persecution and there was no entry via a safe third country. Refugee protection under the GRC is granted to persons persecuted due to race, religion, nationality, membership of a particular social group, or political conviction. Subsidiary protection applies when neither asylum nor refugee protection is granted, but serious harm such as torture, the death penalty, or danger of war threatens in the country of origin. National prohibition of deportation is issued if return in an individual case would involve dangers such as life-threatening illness or extreme humanitarian circumstances. Each form of protection is subject to specific legal requirements and procedural rules.
How does the administrative asylum procedure proceed legally?
The administrative asylum procedure consists of several steps defined by law. After the formal application at the BAMF, registration takes place, including the collection of biometric data. This is followed by the formal asylum application, during which the identity and travel route of the applicant are also checked. In the subsequent personal interview, the applicant describes their reasons for fleeing and answers specific questions from the case officers. The interview is of central legal importance as it is the core of the individual examination and on which BAMF bases its decision. After the interview and examination phases, BAMF issues a decision based on legal provisions, indicating whether and to what extent protection is granted. Legal remedies may be filed against this decision within two weeks (or one week if rejected as “manifestly unfounded”) with the competent administrative court. The judicial proceedings are governed by the rules of the Administrative Court Procedure Act (VwGO).
What rights and obligations do asylum seekers have during the procedure?
Asylum seekers are subject to special rights and obligations during the ongoing procedure. Under § 63 AsylG, they must reside in the reception facility assigned to them and, according to §§ 47, 56 AsylG, must inform BAMF or the reception facility in case of relocation or illness. They are required to cooperate in establishing their identity and to present all relevant identification documents. Failure to do so or providing false information can legally be deemed a refusal to cooperate and may be detrimental to the decision. In the initial months, a work ban applies, which can be gradually relaxed. Central rights include basic state provision, initial medical care, and access to legal advice. There is also a right to judicial protection in case of a negative decision (Art. 19 para. 4 GG).
What legal remedies exist against negative decisions?
If BAMF makes a negative decision, the asylum seeker may take legal action within a specified time frame. The process begins with a lawsuit before the competent administrative court. The deadlines for this are two weeks (if rejected as manifestly unfounded) or one month (for standard rejection), with BAMF informing the asylum seeker about these in the decision notice. The lawsuit has suspensive effect, except for applications rejected as manifestly unfounded; here, an explicit application for suspensive effect must be filed (§ 36 AsylG). During the court proceedings, the facts are re-examined and the asylum seeker can present their case again orally and in writing. Under certain conditions, after all legal remedies are exhausted, a constitutional complaint may be filed with the Federal Constitutional Court, or an individual complaint before international bodies (e.g., ECHR).
What is the relationship between national asylum law and EU/international law?
The German Asylum Act is embedded within a multi-layered legal framework. On the European level, the Dublin III Regulation, the Asylum Procedures and Qualification Directives, as well as the Schengen Agreement, apply—with the aim of considerable harmonization and cooperation in asylum matters. The Geneva Refugee Convention, which guarantees international minimum standards for refugee protection, takes precedence over national law. The European Convention on Human Rights (ECHR) and the Charter of Fundamental Rights of the European Union must also be observed. National rules must neither contradict nor undermine the minimum standards of EU or international law. In case of conflict—such as those concerning the right to effective legal protection or identification evidence—higher-ranking EU or international law generally takes precedence.
What regulations apply to subsequent applications and reopening of proceedings?
If an asylum application is rejected and a further application is made (“subsequent application”), it will only be considered admissible if new evidence or significantly altered circumstances are presented (§ 71 AsylG). The BAMF first assesses whether the requirements for a renewed examination on the merits are present; otherwise, the application will be rejected as inadmissible. The legal hurdles for subsequent applications are deliberately high to prevent misuse of the asylum system. For the reopening of already concluded asylum proceedings (so-called “reinstatement or reopening procedures”), the general rules of the Administrative Procedures Act (§ 51 VwVfG in conjunction with § 71 para. 1 AsylG) apply, whereby new facts that were not known during the original proceedings are particularly relevant. One side effect may be suspensive effects until the new application is finally decided.
