Federal Office for Migration and Refugees (BAMF): Legal Foundations, Tasks and Organization
Das Federal Office for Migration and Refugees (BAMF) is a central German federal authority within the portfolio of the Federal Ministry of the Interior and Community (BMI). It is the key administrative body for migration and refugee law matters in the Federal Republic of Germany. The following article explains in detail the legal foundations, organizational structure, areas of responsibility, as well as the legal jurisdictions and procedures of the BAMF.
Legal Foundations of the BAMF
Legal Basis and Establishment
The BAMF was established on July 1, 2005, by Article 2 Paragraph 1 of the Act to Amend the Law on Immigration from 2004. Its tasks and powers are primarily governed by the Law on the Federal Office for Migration and Refugees (BAMF Law) Further regulations can be found, among others, in:
- Residence Act (AufenthG)
- Asylum Act (AsylG)
- Nationality Act (StAG)
- Integration Act
- Refugee Reception Act
The BAMF is, as a supreme federal authority, organizationally subordinate to the Federal Ministry of the Interior and Community (§ 1 Paragraph 1 BAMF Law).
Independence and Chain of Command
The BAMF is subject to the supervisory and technical oversight of the BMI in the exercise of its activities. However, certain decision-making processes, for example in the asylum procedure, are characterized by European legal requirements and the principle of individual justice.
Tasks of the Federal Office for Migration and Refugees
Functions in the Asylum Procedure
The central task of the Federal Office is to conduct the asylum procedure under the German Asylum Act. This particularly includes:
- Receipt, examination and decision on asylum applications
- Determination of protection status (recognition as a refugee, subsidiary protection, national ban on deportation)
- Granting and refusal of residence permits within the asylum procedure
- Examination and implementation of European law requirements (e.g., Dublin III Regulation)
The BAMF acts in the asylum process as the initial examination authority. Appeals against BAMF decisions are handled by the administrative courts.
Migration, Promotion of Integration, and Governance
Outside asylum law, the BAMF is the central steering and coordinating body for legal migration and integration. This includes, among other things:
- Preparation of migration policy analyses and statistics
- Development and coordination of integration measures (integration courses, language instruction)
- Support and qualification of migrants
- Project support in the field of migration and integration
- Cooperation with national and international stakeholders
Dublin Procedure and EU Cooperation
The BAMF assumes key coordinating tasks in connection with the Dublin III Regulation (Regulation [EU] No 604/2013) . In this context, it is determined which EU Member State is responsible for carrying out the asylum procedure. The BAMF is the point of contact for all Dublin-relevant applications, transfers, and requests for admission.
Special Tasks
The BAMF also undertakes additional tasks, such as:
- Support for voluntary return and reintegration
- Scientific research on migration, integration, and flight
- Preparation of information for authorities, politics, and the public
Organization and Structure
Structure
The BAMF is headquartered in Nuremberg. It is divided into various specialist departments, sections, and staff units. In addition, there are regional offices throughout Germany, which are primarily responsible for conducting asylum procedures and hearings.
Management
The authority’s management is carried out by a president, appointed by the Federal Ministry of the Interior. Other key bodies are the executive board and the director level.
Cooperation with Other Institutions
The BAMF works closely with:
- State authorities (e.g., foreigner authorities, state reception centers)
- Federal Police and Federal Criminal Police Office
- European and international organizations (e.g., EASO, UNHCR)
- Non-governmental organizations in the area of migration and integration
Legal Status and Detailed Tasks
Competence in the Asylum Procedure
The BAMF is solely responsible for:
- Die Acceptance and registration of asylum applications
- Die Initiation and conduct of interviews (§§ 24 ff. AsylG)
- Die Decision on the asylum application including assessment of international and national protection forms (§§ 3 ff., 4, 60 Sections 5 and 7 AufenthG)
- Die Determination of migration law consequences (residence permit for asylum proceedings, tolerated stay, rejection with deportation order)
- Die Decision on migration law measures (e.g., revocation or withdrawal of protection status, § 73 AsylG)
Integration according to § 44 AufenthG and the Integration Course Ordinance
According to § 44 AufenthG, the Federal Office is the responsible federal authority for planning, organizing, and carrying out integration courses. Special programs, specific vocational language courses, and adaptation measures are also coordinated by the BAMF on behalf of the federal government.
Research and Advisory Tasks
With its research department the BAMF conducts scientific analyses, prepares annual reports and strategy papers on topics such as migration trends and causes of flight. The knowledge gained serves policy and legislative development.
Legal Protection and Review
Legal Remedies against BAMF Decisions
Decisions of the BAMF in the asylum procedure can be challenged through legal remedies . The principal procedure is the administrative court procedure under the Code of Administrative Court Procedure (VwGO) in conjunction with special statutory provisions in the Asylum Act (§ 74 ff. AsylG).
Data Protection and Data Exchange
The BAMF is subject to comprehensive data protection regulations, in particular under the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). Special emphasis is placed on protecting the personal data of applicants and involved parties.
Significance in the Context of European and International Migration
Implementation of European Legal Requirements
The BAMF is responsible for implementing and complying with numerous EU directives and regulations, including the Reception Directive (2013/33/EU) and the Procedures Directive (2013/32/EU) as well as the already mentioned Dublin III Regulation. International obligations, for example from the Geneva Refugee Convention, are also an integral part of BAMF activities.
Participation in International Projects
In addition to national tasks, the BAMF plays an advisory role in international committees and participates in European pilot projects, studies, and exchange programs, for example within the European Asylum Support Office (EASO).
Conclusion
The Federal Office for Migration and Refugees (BAMF), with its comprehensive responsibilities for asylum, migration, and integration, represents a central element of German and European migration and refugee administration. Its legal foundations and procedural mechanisms ensure transparency, rule of law, and efficiency in the implementation of migration policy duties. Its activities significantly shape the development and structure of the German immigration and reception system.
Frequently Asked Questions
Which legal foundations determine the tasks of the Federal Office for Migration and Refugees (BAMF)?
The legal foundations for the BAMF’s tasks are essentially derived from the Asylum Act (AsylG), the Residence Act (AufenthG), the Integration Act, as well as the Federal Expellees Act (BVFG). In addition, European regulations apply, in particular the Dublin III Regulation, which governs jurisdiction for asylum procedures within the EU. These laws empower the BAMF to examine and decide on asylum applications, coordinate integration measures, make return decisions, and undertake supportive activities such as conducting integration courses. The precise allocation of tasks and jurisdiction of the BAMF is regulated by the Act on the Jurisdiction of the Federal Office for Migration and Refugees (BAMFG). The authority’s decisions and actions must always take place within the framework of statutory requirements and in compliance with higher-ranking constitutional law and international agreements, such as the Geneva Refugee Convention and the European Convention on Human Rights.
To what extent and according to which standards does the BAMF examine asylum applications?
The BAMF examines asylum applications under the provisions of the Asylum Act (§ 13-18a AsylG) and in compliance with European minimum standards, namely the EU Qualification Directive and the EU Asylum Procedures Directive. The review is conducted in several steps: First, Germany’s responsibility under the Dublin procedure is checked (§ 29 AsylG). If Germany is responsible, factual investigations are carried out, with the applicant being invited to a personal interview (§ 25 AsylG). The BAMF ascertains the reason for fleeing, the credibility of the statements, and any possible grounds for exclusion. The evaluation of the interview and any evidence leads to an individual administrative decision. The authority is obliged to observe the principle of individual assessment and, within the legal framework, also to examine any existing bans on deportation under § 60 AufenthG. The decision is a structured administrative individual decision and is subject to the principle of the right to be heard (§ 24 VwVfG).
What legal options exist for contesting a BAMF rejection?
Against a negative BAMF decision, the applicant initially has access to ordinary legal recourse. The rejection notice contains instructions on legal remedies, according to which, within two weeks (for national deportation bans, subsidiary protection, etc. four weeks) after delivery, a lawsuit can be filed with the competent administrative court (§ 74 AsylG). In certain urgent cases, for instance in the case of a rejection as ‘manifestly unfounded,’ an emergency application for provisional legal protection (§ 80 Abs. 5 VwGO) can also be filed. The court examines the factual and legal situation again, may overturn the decision, and oblige the BAMF to make a new decision. In extremely exceptional cases, a constitutional complaint to the Federal Constitutional Court is also permitted if fundamental rights are seriously violated.
How is the BAMF obligated to uphold data protection in administrative procedures?
The BAMF is obliged to uphold data protection under the provisions of the General Data Protection Regulation (GDPR), the Federal Data Protection Act (BDSG), as well as special statutory data protection regulations in asylum and residence law. In particular, the BAMF is required to collect, process, and store personal data of applicants only for the purposes of conducting asylum procedures, integration measures, and any further legally stipulated tasks. Disclosure of the data to third parties – such as other authorities or international institutions – is only permitted within the scope of legal authority (e.g., Dublin exchange, police investigations) and in compliance with the principles of purpose limitation and proportionality. Affected parties have the right pursuant to Articles 15-18 GDPR to information, correction, deletion, and restriction of the processing of their data.
In which cases is the BAMF responsible for return and re-admission procedures?
The BAMF’s responsibility for return and re-admission procedures is based in particular on the Asylum Act (§ 34 AsylG) and the Dublin III Regulation. The BAMF is responsible for the legal review of whether and to where an enforceable obligation to leave exists. In the Dublin procedure, the BAMF checks whether another EU state is responsible for conducting the asylum procedure and initiates a transfer if necessary. In the case of negative asylum decisions or rejections on formal grounds (e.g., repeated asylum applications), the BAMF coordinates return together with foreigner authorities and, in individual cases, with the Federal Police. Within the scope of legal requirements, it is also examined whether humanitarian or international bans on deportation conflict with removal (§ 60 AufenthG).
What role does the BAMF play in the legal integration process of refugees?
According to the Residence Act (§ 44a, § 45 AufenthG), the BAMF is responsible for designing, organizing, and financing integration courses. This especially includes the legally binding obligation or entitlement of foreigners to attend integration courses, primarily in connection with the Integration Act (IntG). This also involves accreditation and monitoring of course providers and the establishment of examination modalities. Accordingly, the BAMF also holds the authority to impose sanctions for failure to meet participation requirements, e.g., by reducing benefits under the Integration Course Act or forwarding the case to the foreigner authority.
What judicial and administrative oversight does the BAMF have?
The BAMF is, in principle, subject to legal and technical supervision by the Federal Ministry of the Interior and Community pursuant to § 5 BAMFG. In addition, all BAMF administrative acts are subject to judicial review by administrative courts, particularly in the context of asylum lawsuits and urgent applications (see § 74 ff. AsylG, § 80 VwGO). Internal control is further ensured through the presence of ombuds offices and higher-level authority audits as per § 97 VwGO. External control mechanisms also exist through parliamentary inquiries, reporting obligations to the Bundestag, as well as selective control by European institutions in the context of the implementation of EU directives and regulations.
