Even if the life-threatening journey might end with entry into Europe or Germany, the often traumatic experiences during the journey are seldom over for refugees and migrants.
Many factors serve to diminish refugees' feelings of relief on arrival in Europe such as, accommodation in crowded emergency shelters, fear for relatives and friends, loss of home, long asylum procedures and the feeling of being at somebody else’s mercy, as well as the fear of being forced to return to their country of origin.
Process for determining the responsible EU member state: usually the first country of entry
Original intention: one application per person, responsible country
clearly defined
excessive demands on EU member states in the South: Greece, Cyprus, Malta
the consequence: irregular migration internally in Europe, especially to Germany and France
hostile attitude of European countries towards refugees and migrants
De facto failure of the Dublin Regulation
"I never really understood why Dublin started with
the simple equation: Where a migrant first sets foot
on European ground, he or she has to stay. Migration happens by sea or over land. We can only have stable external borders if we support the countries which are, due to their geographical position, under the most pressure. We have to reform Dublin to achieve more fairness and share the burden."
Ursula von der Leyen, 19.07.2019
Cities and municipalities have always been destinations for migrants. It is therefore in their own interest to be part of the decison-making process as to how migration is regulated and how coexisting in a diverse community can best be structured.
Cities and municipalities have a certain amount of leeway to make decisions, which, in some cases they use in opposition to the migration policies of their national governments. Therefore they join, for example, city networks such as EUROCITIES, Solidarity Cities or associations such as Seebrücke.
In addition, the cities are calling on the EU and its member states to reform the Dublin Regulation and to allow municipalities to participate actively in decision-making processes for the resettlement quotas and financial support, as well as in the concept of returnee programmes.
After acceptance into a first admittance institution
in the current federal state, a further distribution to other federal states takes place according to the quota system “Königsteiner Schlüssel” (under consideration of tax incomes and population numbers).
The specific distribution to a particular institution takes place according to capacities and the refugee´s country of origin.
Every branch office of the Federal Office for Migration and Refugees (BAMF) specializes in applications from different countries of origin and no one office can work on applications from all countries.
Extended preparation for the
hearing is highly recommended
Core element of the asylum procedure, as the record of the hearing serves as a base for decision regarding the asylum application.
"Foreign nationals are required to explain the facts that justify their fear of persecution or the threat of a pending loss and have to provide the required details." (§25 Abs. 1 S. 1 AsylG).
Prima facie evidence is sufficient, which means a plausible testimony regarding the state of persecution in a lively and detailed manner in
accordance with general information about the country of origin must be given. The testimony cannot contain inherent contradictions or suspected exaggerations.
Submission of eventual evidence (documents, photos, certifications, etc.).
Present parties: applicant, receiver, interpreter as well as legal guardian, person of trust, lawyer and a representative of the United
Nations High Commissioner for Refugees where appropriate.
Hearing simulation, Refugee Law Clinic Erlangen-Nüruberg e.V.
The National Refugee Law is bound by European and international law.
In this regard, not only the right of asylum, but the right to international protection is reviewed in the asylum procedure. This is twofold: primarily, a refugee protection by being declared a refugee according to the Geneva Refugee Convention (GRC), secondly, the so-called subsidiary protection. In addition, Federal Office for Migration and Refugees (BAMF) has to check for the existence of national deportation bans.
"Politically persecuted persons have the right to asylum."
(Art. 16a Abs. 1 GG)
The definition of refugees is based on that of the GRC, but with restrictive differences in important points.
Exclusion due to migration from a third country (Art. 16a Abs. 2 GG)
Based on stricter requirements, but has the same legal consequences the basic asylum right has. When compared to the refugee status, it has practically no significance on its own.
A refugee is any person who, due to a justified fear of persecution based on his/her race, religion, nationality, political conviction or membership in a certain social group, must leave his/her country of origin.
Exclusion is based on the existence of alternatives to fleeing or sufficient protection in the country of origin.
Secure third country regulation comparable with Art. 16a Abs. 2 GG does not exist.
Implementation of international and European obligations (GRC, Qualification Directive)
Threat of serious danger in the country of origin through:
the death penalty,
torture or inhuman/humiliating
treatment/punishment,
serious personal threat of life or integrity based on external circumstances.
Implementation of obligations based on European law (Qualification Directive)
If deportation results in a violation of the European Convention for Human Rights (Abs. 5)
If there is a serious and concrete danger of bodily harm or to life or freedom in the country in question. (Abs. 7)
Nevertheless there remains a tense social and financial situation for returning people (savings often depleted during initial journey, status of social outsiders in country of origin).
In 2020 due to COVID-19, migrants were no longer able to voluntarily leave the country through a Return Program.
People whose asylum application is rejected must leave Germany within a short time.
They are then obliged to leave the country. If they do not leave voluntarily within a specified period of time and there are neither reasons for them to stay (e.g. illness) nor a temporary suspension of deportation (Duldung) has been granted, the foreigners authority will deport them. This is the task of the federal states, which often cooperate with the respective state police and the federal police.
Federal states are responsible for deportations
The relevant immigration authority reviews the presence of any obstacles to deportation and determines a time limit
Possible detention in cases of high flight risk
Individual or collective deportations
enforced by state or national police
Since 2015: of the planned repatriations, experience shows that about half remains unsuccessful
Largest number of deportations fail before the transfer to the national police
The number of deportations has decreased because of the Corona virus pandemic
Better differentiation between deportees whose obstacle(s) of deportation are due to the person themselves or due to a third party
Reduction of material and formal requirements for detention pending deportation
Expansion of preparation for detention of threats to public safety and terrorists
Cooperation detention: persons concerned can be identified out of detention
Departure detention: lowering of flight risk
Separation of deportation inmates and criminal prisoners
Deportation protection is lowered for offenders
Increased measures against violent offenders
Equal treatment of deportees and offenders due to joint accommodation
Exclusion of refugees from participation in social life
Grossly disproportionate sanctions
