The asylum process
Information about the asylum process
The Federal Office for Migration and Refugees makes decisions about asylum applications including granting refugee status (sec. 5 subs. 1 of the Asylum Procedure Act). As soon as an asylum application has been made, the Federal Office decides whether subsidiary protection is to be granted.
Applying for asylum in person in Germany
Foreign nationals wishing to avail themselves of this right must make an application for asylum. They can do this only if they live in the Federal Republic of Germany or at least apply to the German border authorities. It is not possible to make an application for asylum from abroad or from a German foreign mission. Applications for asylum must be made in person.
In the asylum process the Federal Office checks if the applicant is to be granted protection. The procedure for the asylum process is regulated in the Asylum Procedure Act. In this context, checks are also made to determine whether another Member State of the European Union is responsible for carrying out the asylum procedure. This conforms with the criteria of responsibility specified in EC Regulation 343/2003 (Dublin II).
From application to decision
If a foreign national applies to be an asylum-seeker when in Germany, he or she will be directed to the nearest initial reception centre where the reception facility responsible for his/her accommodation will be established. The asylum-seeker will make his/her application for asylum in person at the branch of the Federal Office to which the responsible initial reception centre is allocated. The Federal Office records the personal data and carries out the prescribed identification checks. The asylum-seeker is informed of his or her rights and responsibilities during the asylum procedure and receives a residence title for specific purposes. The applicant is then interviewed in person about his reasons for wanting asylum.
The Federal Office makes its decision about the asylum application based on all the relevant information, in particular the hearing and any further findings clarifying the facts. In the decision a statement is made about the recognition of asylum in accordance with Article 16a of the Basic Law, the recognition of refugees in accordance with sec. 3, subs. 1 of the Asylum Procedure Act in connection with sec. 60, subs. 1 of the Residence Act and the existence of subsidiary protection in accordance with sec. 60, subs. 2 to 7 of the Residence Act.
