The following passage attempts firstly to summarise the full course of the asylum process. In the section Legal basics the legal aspects of the asylum process are more precisely described.
The right to asylum in Germany is based on article 16a of the Basic Constitutional Law, the Geneva Convention on Refugees, the Asylum Process Act (Asylverfahrensgesetz), and the Aliens Act (Ausländergesetz). Article 16a of the Basic Constitutional Law was introduced in 1993, and the sentence 'The politically persecuted have the right to asylum' was thereby curtailed to such an extent that only a very small number of refugees can have recourse to it.
Refugees can no longer rely on this law and cite political persecution if they enter the FRG from a so-called 'safe third country'. These safe third countries are, along with all member-states of the European Union (Belgium, Denmark, Greece, Spain, France, Ireland, Italy, Luxembourg, The Netherlands, Austria, Portugal, Finland, Sweden, United Kingdom), Norway, Poland, Switzerland and The Czech Republic. They may be refused entry by the immigration authorities.
A further restriction applies to refugees who come from a 'safe country of origin' (states categorised as persecution-free) or who already have a long period of stay in such a country: A petition for asylum from refugees from such states will usually be refused immediately. Countries of origin currently categorised as safe are: Bulgaria, Poland, Rumania, The Slovak Republic, The Czech Republic, Hungary, Ghana and Senegal (stand: 1997). This categorisation of states as 'safe countries of origin' may be amended by the federal government. If, in an individual case, the refugee can prove that the general assumption of 'safe country of origin' is incorrect, then (s)he may be recognised as politically persecuted.
Due to these restrictions it is now scarcely possible to legally enter Germany overland in order to petition for asylum. The possibility of illegal entry still exists but with increased border security by the Bundesgrenzschutz (federal border police) and their use of technical equipment such as surveillance helicopters and infrared technology. The FRG is seeking to become even more insular and to render this possibility more difficult. Also, entry via airports is increasingly becoming more difficult. Illegal entry is nevertheless still possible.
If however a refugee does reach the FRG and petitions for asylum, (s)he will then be brought to one of the central reception points (Zentrale Anlaufstellen). These are often old barracks and the refugee receives canteen food, used clothes and monthly pocket money of between 40 to 80 marks. The branch offices of the Bundesamt are also to be found here where the refugee must petition for asylum, and where the initial interview (Erstanhörung) takes place. Photographs and fingerprints are taken and the refugees' national passport is withheld.
The initial interview usually takes place soon after the petition for asylum and is of the utmost significance for the whole of the rest of the asylum process. The asylum seeker must remain in this central reception point for between six weeks and three months. In which time it will be determined whether the petition can be immediately rejected or whether a thorough investigation should take place. After these three months (quite often even longer) the refugee is allocated to a rural district or a town where (s)he is to be accommodated in communal lodgings (Gemeinschaftsunterkünften). The living conditions vary. Quite often they consist of steel containers in which, for example, six people must live together and share thirty square metres.
The Bundesamt, as part of the asylum process and within the so-called exclusion process (Ausschlussverfahren), examines whether various laws apply to the refugee. Firstly it will be determined if the refugee is recognised according to §16a of the Basic Constitutional Law; major asylum (Großes Asyl). If this is decided then the refugee receives a secure, authorised status (Aufenthaltserlaubnis) for the duration of his/her stay.
If this is not so, the case must then be examined in order to determine whether a threat of political persecution would make deportation inadmissible. This is known as minor asylum (Kleines Asyl), and if decided upon, the refugee receives the rights and status of a refugee in accordance with the Geneva Convention. This means a right of sojourn (Aufenthaltsbefugnis) and, if (s)he does not have a valid passport, the right to a refugee-passport.
If minor asylum is also not granted it must be considered whether any obstacles to deportation exist, for example; torture or the risk of the death sentence. This in turn would signify a stay of deportation, the duration of which is determined by the reason accepted as the obstacle to deportation. 'Considerable risk to life and limb, or freedom' for example, would mean only a temporary (3-month) suspension of deportation. When these 3 months have expired, the aliens' authority (Ausländerbehörde) decides whether a toleration of stay (Duldung) should be granted. A toleration of stay is not a legitimate stay, it is simply a temporary waiver of deportation.
The legal and social conditions are described in more detail below. The legal situation in particular is constantly changing and is extremely difficult to comprehend. It is therefore a lawyer should be called in as soon as possible. At the same time it is important to engage lawyers who have experience of this type of work since very often they find it difficult to grasp the many regulations and provisions.
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